An Ohio pastor has been found guilty of a fire code violation and could face as much as two months in jail for keeping his church open all day so that local homeless could shelter there.
Pastor Chris Avell of Dad’s Place Church in Bryan was found guilty on Tuesday of the violation, which was leveled by city officials who believe that the church is not following proper fire code.
A Bryan Municipal Court judge fined the pastor $200 and gave him a 60-day suspended jail sentence, according to the First Liberty Institute, which represents Avell throughout his legal battles with the city. The judge stayed the decision for 30 days to allow Avell’s attorneys to appeal.
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Avell could face imprisonment if he continues to let people stay inside his church 24/7 without official approval that his building is up to code under Judge Kent North’s decision, reports the Associated Press and Spectrum News.
“This has been about fire code compliance for public safety,” Bryan Fire Department Chief Douglas Pool said in a statement.
“It’s never been about anything as far as religion, and we are appreciative of the court’s findings today to again show that we are trying to protect the public by enforcement of the fire code.”
Ryan Gardner, counsel for First Liberty Institute, denounced the decision in a statement Tuesday.
“No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need,” said Gardner. “Only government officials could say with a straight face that people are safer in the sub-zero temperatures on the street than inside the warmth of a church.”
The legal issues between Avell and city officials began in March 2023, when the pastor decided to keep his church open all day and night for the benefit of the local homeless.
Officials charged Avell with 18 zoning law violations, including allegedly lacking proper kitchen and laundry facilities, unsafe building exits and improper ventilation.
In January 2024, Avell and his legal representatives met with city officials. After the meeting, it was announced that the two parties agreed that the city would drop the charges against Avell in return for halting residential operations while he acquires requisite building certifications and zoning permits, as well as installing the necessary safety measures.
But in April, Dad’s Place and the building owner, Riehle Rentals, faced new citations related to its sheltering of the homeless, as Bryan officials alleged that two violations of the city’s fire code were found during an inspection that month.
Charges centered on how the church reportedly did not have an automated sprinkler system in its main room, where 15 people were sleeping at the time of the fire chief’s inspection.
“We did not want to do this. We must do this for the safety of the people using the church, renters in space above the church and the businesses adjacent to the building,” Bryan Mayor Carrie Schlade said in a statement, reported WTOL 11.
“This is not some bureaucratic dispute between Dad’s Place and the city. This is a very dangerous situation for the people that Dad’s Place has invited in to stay overnight.”
The First Liberty Institute contends that while the city wants to force the church to install an expensive fire suppression system, it doesn’t require the same standard for many of its hotels and apartment complexes, including a senior living facility.
