Pastor Sues City Over Zoning Violations for Housing Homeless
In a riveting tale of compassion and legal strife, Pastor Chris Avell, the shepherd of Dad’s Place in Bryan, Ohio, has filed a federal lawsuit against the city and its officials. The lawsuit alleges discrimination, harassment, and a violation of the church’s religious freedom. This comprehensive account delves into the details of the case, providing a thorough understanding of the events leading to the legal battle.
Background: A Beacon of Hope
Dad’s Place, a sanctuary of hope in Bryan, a small city in Ohio, has been serving the community for five years. In March 2023, Pastor Avell, driven by his unwavering commitment to helping the marginalized, decided to keep the church’s doors open 24/7 to provide shelter and sustenance to those in need. For months, Dad’s Place offered a safe haven, housing and feeding an average of eight individuals per night without any reported incidents.
Conflict Arises: Cease-and-Desist and Alleged Harassment
However, in November 2023, the city of Bryan issued a cease-and-desist letter to Dad’s Place, citing a violation of a city ordinance that prohibited residential use on the first floor of any building within the C-3 zoning district where the church is located. The letter gave the church ten days to comply or face legal penalties, including criminal misdemeanor charges.
Pastor Avell, perplexed by the sudden cease-and-desist letter, reached out to city officials, seeking guidance on how to continue operating in compliance with zoning laws. He proposed obtaining a zoning variance or conditional use permit but was allegedly informed that such requests would be denied. Despite the city’s stance, Dad’s Place refused to turn away those seeking shelter, viewing it as a moral and religious obligation.
The city’s response, according to the lawsuit, was a systematic campaign of harassment and intimidation aimed at shutting down Dad’s Place. Fire code inspections uncovered alleged violations, leading to criminal charges against Pastor Avell. The city also threatened to charge the church’s landlord if the church was not evicted from the property.
Legal Action: Seeking Justice
In response to the city’s actions, Pastor Avell, represented by First Liberty, a non-profit legal organization, filed a federal lawsuit against the city of Bryan, its mayor, police captain, planning and zoning administrator, and fire chief. The lawsuit alleges violations of the church’s First Amendment rights, the Equal Protection Clause of the 14th Amendment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It also seeks a temporary restraining order against the city.
City’s Defense: Safety Concerns and Zoning Regulations
The city of Bryan maintains that its actions are justified due to significant safety issues at Dad’s Place, citing fire code violations that pose a clear and immediate danger to occupants. The city also emphasizes the availability of a nearby homeless shelter, The Sanctuary Homeless Shelter, which complies with zoning and fire code regulations.
Pastor’s Resolve: Unwavering Commitment
Despite the legal challenges, Pastor Avell remains steadfast in his commitment to serving the homeless population. In a sermon streamed on the church’s Facebook page, he expressed his determination to find a solution that allows Dad’s Place to continue its mission.
Statement from First Liberty: Upholding Constitutional Rights
Jeremy Dys, senior counsel for First Liberty, decried the city’s actions, arguing that instead of prosecuting a pastor, the mayor should be supporting the church’s efforts to care for the marginalized. He emphasized that the Constitution and the law demand nothing less.
Bryan City Attorney’s Response: Balancing Safety and Compassion
Bryan City Attorney Marc Fishel defended the city’s actions, citing the safety issues at Dad’s Place and the need to protect the occupants and neighboring residents. He highlighted the availability of a compliant homeless shelter nearby.
City’s Accusation of Lack of Support for Homeless: Addressing the Issue
The city refuted accusations that it has failed to support the homeless, pointing to the Sanctuary Homeless Shelter as an example of its commitment to serving this population in a safe and legal manner.
Conclusion: A Crossroads of Rights and Responsibilities
The legal battle between Pastor Avell and the city of Bryan highlights the complex intersection of religious freedom, zoning regulations, and the duty to care for the vulnerable. The outcome of this case will have implications for the rights of religious institutions to serve their communities and the ability of local governments to regulate land use in a manner that balances safety and compassion.