Last year, officials in Bryan, Ohio, charged a pastor with violating city ordinances. He had opened his church for homeless people and others to find shelter. This week, the church filed a federal lawsuit claiming discrimination and harassment on the part of the city.
Homelessness is a growing problem in much of the United States. Cities around the country seek ways to deal humanely, financially, and safely with rising numbers of people living on the streets.
In December, police filed 18 charges against Dad’s Place church Pastor Chris Avell. The charges involve his church’s rented building located near a homeless shelter. The city alleges that the church violates the zoning ordinance by allowing homeless people to stay there.
Jeremy Dys is an attorney for Avell and the church. He thinks city leaders don’t want the ministry in the middle of town, describing it as a “not-in-my-backyard” issue and accusing officials of inventing problems.
“Nothing satisfies the city,” Dys says.
Avell pled not guilty in court. He says his church wants to welcome anyone “to experience the love and truth of Jesus, regardless of the time of day.”
The defendants in the suit are the city, Bryan Mayor Carrie Schlade, and other Bryan officials.
“We absolutely deny any allegation that the city has treated any religious institution inappropriately,” says Bryan city attorney Marc Fishel. He notes that Schlade supported the church opening in the building four years ago. “The city has been and continues to be interested in any business, any church, any entity complying with local and state law.”
The lawsuit against the city says church leaders decided last March to remain open at all hours as a temporary, emergency shelter. They intended the building as a place “for people to go who have nowhere else to go and no one to care for them.” Eight people stay there on a typical night, plus a few more when weather is bad.
The city says police calls to investigate inappropriate activity at the church began increasing in May. Examples of complaints include criminal mischief, trespassing, theft, and disturbing the peace.
In November, the city gave the church 10 days to stop housing people. Officials say the church is in a zone that doesn’t permit residential use on the first floor.
After an inspection about two weeks later, local police filed charges against Avell for numerous code violations. They include the unapproved addition of laundry facilities, kitchen appliances plugged into inappropriate outlets, unsafe exits, and inadequate ventilation.
The church claims it has tried to address the city’s complaints by making changes. These include installing a new stove hood and closing laundry facilities.
Dys further insists the church is not permitting criminal activity to take place. “The city is creating problems in order to [increase] opposition to this church existing in the town square,” he claims.
The church is asking a federal judge to protect against what it says are violations of constitutional rights to free exercise of religion and protections against government hostility to religion.
The Dad’s Place court case is making national news. Consider the verses below (and the rest of the chapter!) and how this case is or is not fulfilling the will of God as described in them. Pray for wisdom for those hearing the case and for God to be glorified in how the case plays out.
Be subject for the Lord’s sake to every human institution. . . . For this is the will of God, that by doing good you should put to silence the ignorance of foolish people. — 1 Peter 2:13, 15
UPDATE: A Missouri judge has dismissed all 18 criminal charges against Ohio pastor Chris Avell. A joint statement between Avell's legal team and Bryan city officials says that with the charges dropped, the church will “cease residential operations and . . . seek proper building certifications.” The judge dismissed the charges "without prejudice," which means that the matter is not fully settled. The statement between the two sides notes that “negotiations continue as both sides seek to find a final resolution to the matter.”
