Judge finds Ohio pastor guilty of violating fire code while church operated as a temporary shelter

A judge in a northwest Ohio city found a pastor guilty on criminal charges Tuesday for failing to comply with the city’s fire code after he opened his church and let homeless people and others stay inside overnight to escape the winter chill.

Pastor Chris Avell of Dad’s Place Church in Bryan could face a $200 fine and up to 60 days in jail if he continues to allow people to stay inside his church around the clock without the state’s approval that the building is up to code.

Bryan Municipal Court Judge Kent North’s decision is another step in a legal battle that began in late 2023 between the church and the city of Bryan over the legality of the church operating as a temporary shelter for homeless people and others in the area.

“No pastor in America, including Pastor Avell, should ever be found guilty for just trying to help other people and provide them temporary shelter,” Jeremy Dys, an attorney representing Avell, told The Associated Press. “Only a seasoned government official would think it is a safer idea to put people in subzero temperatures on the street than allow them to find warmth inside of a church.”

The temperature in Bryan was in the single digits Tuesday as the Northern Plains up to the tip of Maine endure dangerously cold temperatures.

Judge North stayed the sentence, which would allow Dys to appeal the charges. The attorney confirmed he plans to do so.

Last year, police filed 18 criminal charges against the pastor over allegations the rented church building next to a separate homeless shelter along Main Street in Bryan was violating the zoning ordinance, lacked proper kitchen and laundry facilities, and had unsafe exits and inadequate ventilation.

In response, the church filed a federal lawsuit against the city arguing it has “used law enforcement officials to needlessly harass and humiliate the church and its congregants” and is threatening to take additional actions to prematurely shut down the church.

A statement on the city’s website said the decision does not prevent Dad’s Place from operating as a church but that the residential operations of the building must stop until proper building and fire code applications are filed and approved by the state.

“This has been about fire code compliance for public safety,” Bryan Fire Department Chief Douglas Pool said. “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.”

Patrick Aftoora-orsagos, The Associated Press