Ohio Court Rules Church Can Shelter Homeless as Case Moves Forward 

A federal court ruled that the church Dad’s Place can continue its ministry of providing shelter for the needy in the City of Bryan, Ohio, as its court case moves forward.

In March 2023, Pastor Chris Avell began opening the doors of the church to those in need, but the city has harassed him and worked to stop his care for disadvantaged men and women. 

A panel of judges from Ohio’s Sixth District Court of Appeals reversed a previous court ruling that closed the ministry, noting that the trial court failed to consider Avell’s religious liberty as set forth in the Ohio Constitution’s Conscience Clause.

That clause states, “All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience,” adding that “interference with the rights of conscience” is not permitted.

For Pastor Avell, keeping the church open – literally 24 hours a day, seven days a week – to care for the vulnerable in his city is an integral part of practicing his faith.

First Liberty Institute, which represents Pastor Avell along with the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL, quoted Pastor Avell in their summary of the case.

“The ministry of the church is not confined to Sunday morning at 11am.  We welcome anyone to experience the love and truth of Jesus, regardless of the time of day.”

First Liberty explained that the church began opening its doors as a shelter because it saw a need in the city.

“Dad’s Place originally decided to keep its doors open 24/7 to anyone in the community wishing to use its facilities in part because the homeless shelter across the street was often full, leaving many vulnerable people in jeopardy and at risk of having nowhere to go in Bryan.”

Dad’s place had conducted this ministry for 10 months when the City of Bryan began its harassment. First Liberty described the city’s actions as “criminalizing compassion.”

“In late 2023, the City sent a cease and desist letter to the Church, ordering it to stop allowing overnight guests within 10 days or face criminal prosecution, with each day of operation constituting a new criminal offense. 

“After the Church refused to comply, the City filed 18 separate criminal charges. Mayor Carrie Schlade also refused to meet with Pastor Chris to even discuss the charges, which her office was helping to oversee.”

In February 2024, the city dropped criminal charges against Pastor Avell if he ceased operations and began to meet the city’s demands.

But just two months later, “They filed more criminal charges against Pastor Avell.”

“In January 2025, Pastor Avell was found guilty of a criminal charge regarding a fire code violation filed against him by city officials,” stated First Liberty. Pastor Avell is appealing that decision.” 

“No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need, First Liberty Counsel Ryan Gardner opined at the time.”

“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.”

In addition to pursuing criminal charges against Pastor Avell, the city also filed for a preliminary injunction to close the church’s shelter.

That injunction was granted by a court in December 2024, but this latest, sensible decision by the Sixth Circuit overturned that injunction, allowing Dad’s Place to continue operating.

“We are grateful that the court recognized the weighty issues of Constitutional law at hand and ensured that Dad’s Place can continue operating its vital ministry as temperatures begin to drop in Bryan.

“We hope this decision will also serve as the turning point in this case, and that the City will end its two-year campaign against the Church and Pastor Chris,” Jermy Dys, senior counsel for First Liberty, applauded the decision.

Caring for the poor and needy is part of practicing the Christian faith. The City of Bryan is infringing on Pastor Avell’s religious liberty, and we wish him success as he continues to pursue justice.

Related Articles and Resources

First Liberty: Dad’s Place – Case Summary

Ohio Pastor Facing Criminal Charges for Opening Church Doors to Homeless

Ohio Church – ‘Dad’s Place’ – Sues City After Months of Harassment For Serving the Homeless Pastor Chris Avell Facing Jail Time for Sheltering Homeless in His Church