Ohio Church Wins Homeless Ministry Legal Battle With City

A Bryan, Ohio, church may continue its 24-hour homeless ministry after a legal battle over fire code enforcement, a judge ruled on April 1.

Judge James D. Bates of the Williams County Court of Common Pleas dismissed the city’s lawsuit against Dad’s Place church with prejudice, ending civil proceedings aimed at shutting down the church’s overnight shelter ministry.

The ruling allows Dad’s Place, led by Pastor Chris Avell, to continue operating its 24-hour ministry serving vulnerable individuals in Bryan.

Court records show the case stemmed from enforcement actions by Bryan Fire Chief Douglas Pool, who sought to halt the church’s overnight activities over fire code concerns.

“The Court, from the initial time it was appointed to the case, felt that it would have to find for the Fire Chief,” Bates wrote.

“Having applied strict scrutiny … the Court concedes that the Fire Chief’s enforcement of the fire code fails because it lacks a compelling interest and isn’t the least restrictive means of enforcing fire safety. The City has given waivers to other businesses like hotels, but has refused to give the church a similar accommodation. This is fatal under strict scrutiny. Therefore, a judgment in favor of Dad’s Place must be entered.”

The decision marks a major development in a dispute that has included inspections, criminal charges, and injunction efforts spanning nearly three years.

“We praise God for this decision and the work it allows this church to continue in Bryan, Ohio,” Chris Avell, pastor of Dad’s Place Church, said in a statement.

Jeremy Dys, senior counsel at First Liberty Institute, called the ruling a turning point in the case. The public interest law firm represented Avell and Dad’s Place, coordinating representation with local and national firms.

“We’re very thankful that the court has ended the city’s yearslong effort to try to oust Dad’s Place from its church, to shut its doors and deny access to people who have no other place to go but the safety of the church at Dad’s Place,” Dys told The Epoch Times.

Dys said the decision should halt the city’s further enforcement efforts, including related criminal proceedings.

The legal fight began in late 2023, when city officials initiated enforcement actions after determining the church’s overnight ministry constituted a change in building use requiring compliance with stricter fire code provisions.

According to court findings, Dad’s Place began a 24-hour ministry in March 2023, including an overnight component where individuals could rest inside the church as part of its religious mission.

The city argued that allowing individuals to sleep inside the church triggered requirements for a sprinkler system and other safety measures.

But the court found the city’s enforcement inconsistent and constitutionally deficient under strict scrutiny. Evidence showed that other facilities were not required to install similar fire suppression systems despite comparable use conditions.

“Strict scrutiny is fatal to the city’s position,” Dys said. “Because clearly, if there is even compelling interest, it is being met through another means for motels, apartments, and senior living facilities in Bryan, Ohio.”

Dys argued the broader issue extends beyond one church.

“It’s a reminder to cities across the country that they cannot utilize the petty tools of government in a way that violates the free exercise rights of millions of Americans,” he said.

He added that the case reflects a pattern seen during the COVID-19 pandemic.

“We lived through a very dark age during COVID of city leaders, governors, mayors … doing this very thing towards churches,” Dys said.

The ruling follows earlier action by the Ohio Sixth District Court of Appeals, which instructed the lower court to apply strict scrutiny to both federal and state constitutional claims.

In doing so, the trial court concluded the city failed to demonstrate a compelling governmental interest and failed to pursue less restrictive alternatives. While the civil case has concluded, a related criminal conviction against Avell remains pending before Ohio’s Sixth District Court of Appeals.

Dys said the civil ruling should influence that outcome.

“Because of the way that that was decided, it should end any further effort by the city, including through criminal enforcement of the fire code against Pastor Chris,” he said.

Neither Bryan Mayor Carrie Schlade nor the fire chief responded to requests for comment from The Epoch Times by publication time.