Eighteen Charges, a Fire Code Row and a Win in Court: An Ohio Church Can Keep Sheltering the Homeless

• Dad’s Place, a church in Bryan, Ohio, runs a temporary shelter in its building.
• Pastor Chris Avell was served with 18 criminal violations in early 2024 for sheltering homeless people.
• The city required a costly fire suppression system that it did not demand of motels, senior living facilities or apartment complexes.
• Judge James D. Bates dismissed the city’s lawsuit with prejudice on First Amendment grounds.

A long legal fight over whether a small Ohio church may let people sleep in its building has ended in the church’s favour, at least for now. Religion Unplugged reported that a judge has dismissed the city of Bryan’s lawsuit against Dad’s Place, the church led by Pastor Chris Avell.

The church runs a temporary shelter for homeless people. The city argued that it breached the fire code and zoning rules, and demanded an expensive fire suppression system. The church’s case was that the city did not require the same system of motels, senior living facilities or apartment complexes.

The dispute escalated quickly. In early 2024 Avell was served with 18 criminal violations for sheltering homeless people. In January 2025 he was found guilty of a fire code violation, fined $200 and given a 60-day suspended sentence; his appeal against that conviction is still pending. In December 2024 Judge J.T. Stelzer issued an injunction stopping the shelter from operating, but the Ohio Sixth Appellate District Court reversed that decision in November 2025.

Now Judge James D. Bates has dismissed the city’s suit with prejudice on First Amendment grounds. The court applied strict scrutiny, which required the city to show a compelling government interest pursued by the least restrictive means. Jeremy Dys of First Liberty, counsel for the church, said: “This decision should put an end once and for all to the city’s relentless attacks on Dad’s Place and Pastor Chris.”

Churches in Jamaica are often the first place people turn to when homes are lost, whether to hurricanes, fire or hard times. The Ohio case shows how quickly that goodwill can collide with building codes, zoning and fire safety rules once a church building becomes somewhere people sleep. Any congregation considering overnight shelter, a hostel or transitional housing should talk early with its parish municipal corporation about the building’s approved use and safety standards. Getting the property side right from the start is far cheaper than defending it in court.

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