Ohio court stops criminal sentence of pastor who runs homeless ministry at church

A state appellate courtroom has stayed a decrease courtroom ruling imposing a effective and jail time on a pastor for working a 24/7 homeless ministry at his church.

In a press release launched Thursday, the non secular liberty legislation agency First Liberty Institute introduced that the Sixth Appellate District on the Courtroom of Appeals of Ohio has placed on maintain the felony sentence levied in opposition to Pastor Chris Avell, who leads a Bryan, Ohio-based church known as Dad’s Place.

Final month, a Bryan Municipal Courtroom Choose ordered Avell to pay a $200 effective and gave him a 60-day suspended jail sentence for retaining his church open 24 hours a day, seven days per week, to look after the homeless. 

“That is the second time that an Ohio appellate courtroom has acknowledged that Dad’s Place’s case presents a robust probability to succeed on enchantment,” mentioned First Liberty Institute Senior Counsel Jeremy Dys. “We’re grateful to the courtroom for granting this keep and can proceed to combat till metropolis officers in Bryan abandon their harassment of Dad’s Place and Pastor Chris.”

First Liberty Institute mentioned town was “aggressively attacking the church in courtroom.” The church, it mentioned, was accused of committing zoning violations and subjected it to “middle-of-the-night fireplace inspections” and “police antagonism.” The legislation agency additionally maintained that town engaged in a double customary when imposing fireplace codes. 

“Whereas metropolis officers demand the church set up an costly fireplace suppression system, town doesn’t require all of its motels, most of its condominium complexes, and even a senior residing facility to put in fireplace suppression programs of their buildings,” First Liberty said.

In a video interview, Ryan Gardner of First Liberty Institute remarked, “I’ve by no means seen a pastor get criminally charged […] with simply doing the work that the church does: caring for the needy, loving those that have nobody else to like them, and looking for and saving the misplaced.”

Gardner added, “The town doesn’t need [Avell] to try this right here. To town, the folks listed here are the issue and these folks right here have to go elsewhere.”

The authorized battle surrounding Dad’s Place dates again to 2023 when Avell first opened the homeless ministry at his church. A number of months later, town of Bryan filed 18 felony prices in opposition to the church. Whereas town agreed to drop the fees in change for Dad’s Place pledging to hunt vital constructing certifications and zoning permits in addition to any “security measures related to these permits,” the church confronted extra felony prices after town carried out a shock inspection of its amenities in April 2024.