In a show of determination, Ohio Pastor Chris Avell has filed a federal lawsuit against the city of Bryan and its officials, claiming discrimination on the basis of religion and harassment against his church, Dad's Place. The legal action comes after Avell was charged with zoning violations for offering 24/7 shelter to people experiencing homelessness.

Avell, the pastor of Dad's Place in Bryan, a small city in Ohio, decided to open the doors of his church around the clock earlier this year, in an effort to assist the city's most vulnerable individuals. However, in December, he was hit with 18 zoning violations by the city, including alleged violations of a city ordinance that prohibits residents from staying on the first floor of the property. Additionally, fire code violations were discovered by the local fire chief.

Avell entered a plea of not guilty to the charges during his arraignment on January 11. With the filing of his federal lawsuit, Avell alleges that city officials have targeted his church and engaged in a harassment campaign against its operations.

The city of Bryan argues that Avell was given ample time to comply with the zoning ordinance after receiving prior warnings, but chose not to do so. In a news release, the city stated, "The only reason this is still an ongoing fire/safety concern is because Chris Avell ignored the City's notices in the fall, hence forcing criminal charges related to zoning."

Avell's federal suit, filed against the city of Bryan, Mayor Carrie Schlade, Bryan Police Department Captain Jamie Mendez, Bryan's Planning and Zoning Administrator Andrew J. Waterson, and Bryan Fire Chief Doug Pool, aims to challenge the alleged discrimination and harassment faced by Dad's Place.

According to Avell's complaint, Dad's Place has been operating in Bryan for the past five years and had been offering shelter and assistance to homeless individuals without incident. The church provided housing and meals, with an average of eight people staying overnight.

Nevertheless, the city of Bryan contradicts this claim, asserting that the police department observed a significant increase in calls for service regarding alleged inappropriate conduct at Dad's Place, involving criminal incidents such as trespassing, larceny, drug overdoses, harassment, disturbing the peace, and even sexual assault.

The city claims it became aware that Dad's Place was housing people in November, asserting that this violated a city ordinance prohibiting residential use on the first floor within the relevant zoning district. As a result, the city issued a cease-and-desist letter to Dad's Place, with a warning of potential legal penalties and criminal misdemeanor charges for non-compliance.

Avell's complaint contends that the church sought guidance from city officials on how to continue its ministry while complying with zoning regulations, but allegedly received no assistance. Dad's Place refused to oust those they were sheltering, viewing it as contradictory to their religious obligations.

The city asserts that a fire code inspection conducted in November revealed 18 violations, several of which posed serious safety risks, such as improper laundry facilities installation, inadequate exit areas, and limited ventilation. Following this inspection, Fire Chief Doug Pool recommended the filing of criminal charges against Avell for the church's alleged zoning ordinance violations.

The city ultimately filed 18 separate criminal charges against Avell on December 18. Avell claims to have learned about these charges through a local newspaper.

Avell's lawsuit further accuses the city of engaging in ongoing harassment and intimidation tactics, including false visits to the church property, alleging congregants were involved in panhandling or illicit drug use. The suit also claims that the city constantly changes the requirements for compliance with fire codes, making it difficult for Dad's Place to meet their demands.

The suit seeks to protect the church's rights under the First Amendment, the Equal Protection Clause of the 14th Amendment, which prohibits discrimination based on religion, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Additionally, a motion for a temporary restraining order against the city has been included in the lawsuit.

Despite the charges and legal battles, Pastor Avell remains steadfast in his resolve to continue serving and assisting those in need through Dad's Place.