An Ohio pastor, Pastor Chris Avell, is taking legal action against the city of Bryan and its officials after being charged with zoning violations for providing shelter to people experiencing homelessness. Pastor Avell decided to keep his church, Dad’s Place, open 24/7 to help the city’s most vulnerable population. However, the city claimed that he had violated zoning ordinances and found fire code violations at the church.
Avell pleaded not guilty to the charges and has now filed a federal lawsuit, accusing the city of discrimination on religious grounds and launching a harassment campaign against the church. The city argues that it had given Avell ample time to comply with the ordinances, but he refused.
Ten Days to Evict
Avell’s lawsuit targets the city of Bryan, Mayor Carrie Schlade, Bryan Police Department Captain Jamie Mendez, Bryan’s Planning and Zoning Administrator Andrew J. Waterson, and Bryan Fire Chief Doug Pool. Dad’s Place has been operating in the city for the past five years and began offering 24/7 services in March. The church provided housing and meals to those in need without any incidents.
The city of Bryan, on the other hand, claimed that the police department had seen a rise in calls for service regarding inappropriate activities at Dad’s Place, such as criminal mischief, trespassing, overdose, larceny, harassment, disturbing the peace, and sexual assault.
The dispute arose when the city became aware that Dad’s Place was housing people, which violated a city ordinance prohibiting residential use on the first floor of buildings within the specific zoning district where the church is located. The city issued a cease-and-desist letter, giving the church ten days to stop operating 24/7 or face legal penalties.
A Controversial “Harassment Campaign”
The lawsuit alleges that the church was taken aback by the cease-and-desist letter and reached out to city officials to find a way to continue its operations while complying with zoning laws. Despite seeking a zoning variance or a conditional use permit, Avell claims that the city informed him that such requests would be denied.
Avell also attempted to contact Mayor Schlade multiple times but received no response. Furthermore, the city allegedly engaged in a “campaign to harass, intimidate, and shut down Dad’s Place.” The church claims that the city repeatedly visited the property under false pretenses and accused congregants of panhandling or using illicit drugs.
The city has been demanding various changes to meet fire code requirements, including the installation of kitchen hoods, but keeps changing the criteria for compliance. The church managed to resolve most of the fire code violations, but a few remain.
During a recent re-inspection, Fire Chief Doug Pool discovered a gas leak and noticed overnight guests at the church. The city is also threatening to hold the church’s landlord responsible if they fail to evict the church.
The Lawsuit and Pastor’s Determination
The federal lawsuit argues that the city’s actions violate the church’s rights under the First Amendment, the Fourteenth Amendment’s Equal Protection Clause, and the Religious Land Use and Institutionalized Persons Act (RLUIPA), which protects religious exercise from burdensome regulations.
Pastor Avell remains steadfast in his resolve to continue providing assistance to the homeless. During a sermon streamed on the church’s Facebook page, he stated, “Sure, we could build a 24/7 homeless shelter out of town, but together we could build a 24/7 sanctuary inside of town.”
The church is being represented by First Liberty, and Senior Counsel Jeremy Dys expressed support for their cause, emphasizing that the city should be supporting a church dedicated to caring for the marginalized in the community.
The city, however, contends that their actions were necessary due to significant safety concerns at Dad’s Place. They claim that violations of the fire code posed a clear and immediate danger to the occupants of the building.
In response to allegations that the city fails to support the homeless, Bryan City Attorney Marc Fishel highlighted the existence of another homeless shelter, The Sanctuary Homeless Shelter, which operates in compliance with zoning and fire codes.
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