Pastor takes Ohio city to court over charges for sheltering homeless in church
OAN’s Brooke Mallory
2:08 PM – Wednesday, January 24, 2024
Christian Pastor Fights Back Against City’s Accusations
A Christian pastor in Ohio is standing up against accusations of violating a local ordinance by providing housing for the homeless and others in need. The pastor, Chris Avell of Dad’s Place church, is now retaliating against the city of Bryan.
Avell was charged with eighteen counts of zoning violations at his church facility. The charges were brought against him by Bryan, Ohio police officers who claimed that the church did not meet safety requirements such as secure exits, adequate ventilation, and suitable cooking and laundry facilities.
Avell pleaded not guilty to the allegations.
In response, the church filed a federal lawsuit against the city, claiming that its actions violated the pastor’s fundamental rights to freedom of religion. The lawsuit alleges that the city continues to harass and intimidate Avell and other church members, despite the church’s efforts to address the city’s concerns.
Jeremy Dys, the attorney representing Avell and the church, believes that the city officials are opposed to having a homeless ministry in their town. He argues that this is a violation of the constitutional rights to religious freedom and protection from government interference.
“Nothing satisfies the city,” Dys said on Monday. “And worse, they go on a smear campaign of innuendo and half-truths.”
Dys also accuses the city of creating problems to generate opposition against the church’s presence in the town square.
The city of Bryan, its mayor Carrie Schlade, and other local authorities are named as defendants in the church’s complaint. They deny any unfair treatment towards a religious institution.
“The city has been and continues to be interested in any business, any church, [or] any entity complying with local and state law,” said Marc Fishel, an attorney for the city.
The church argues that it operates as a temporary, emergency shelter for those who have nowhere else to go. It remains open 24/7 and provides shelter for an average of eight people every night, with more during inclement weather.
The city claims that police were called to investigate inappropriate activities at the church, as well as allegations of theft, trespassing, criminal mischief, and disturbing the peace.
The church is seeking a federal judge’s support in upholding its right to freedom of religion and protection from government action. It is also requesting damages and lawyers’ costs, as its funds are already dedicated to supporting the homeless. Additionally, the church seeks a restraining order against Bryan officials in relation to the charges brought by the police.
“No history or tradition justifies the city’s intrusion into the church’s inner sanctum to dictate which rooms may be used for religious purposes, how the church may go about accomplishing its religious mission, or at what hours of the day religious activities are permitted,” the church stated in the lawsuit.
“Instead of supporting a church that is trying to help citizens going through some of the worst situations in their lives (and in the dead of winter), the city seems intent on intimidating the church into ending its ministry to vulnerable citizens or relocating it somewhere out of Mayor Schlade’s sight. The constitution and the law say otherwise,” Dys added, according to the press release.
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Tuned for updates on this ongoing legal battle between the church and the city of Bryan, Ohio. The outcome could have significant implications for the protection of religious freedom and the rights of homeless individuals in the United States.
What potential implications might the outcome of this legal battle have on the rights and protections of homeless individuals in the United States?
The outcome of this legal battle could have significant implications for the rights and protections of homeless individuals in the United States. Here are some potential implications:
1. Legal precedent: Depending on the outcome, this case could set a legal precedent that could affect future cases related to homeless individuals’ rights. It could establish guidelines or limitations on what actions can be taken against homeless individuals and what protections they are entitled to.
2. Criminalization of homelessness: If the outcome of the legal battle supports criminalizing activities associated with homelessness, such as sleeping in public spaces or panhandling, it could lead to further marginalization of homeless individuals. This could result in increased arrests, fines, and incarceration rates for individuals experiencing homelessness.
3. Access to public spaces: The outcome of the case could impact homeless individuals’ ability to access and use public spaces. If the court determines that homeless individuals have limited or no rights to occupy public spaces, it could restrict their ability to find safe and suitable places to sleep or rest.
4. Services and support: The legal battle may also influence the availability and accessibility of services and support for homeless individuals. If the court’s decision undermines or restricts funding for homeless shelters, healthcare services, or other support systems, it could exacerbate the challenges faced by homeless individuals and limit their access to resources.
5. Housing rights: The case’s outcome may have implications for homeless individuals’ housing rights. It could impact policies relating to affordable housing, eviction protections, or the provision of emergency shelter. A decision that favors homeless individuals’ rights could potentially strengthen protections and increase efforts to address homelessness on a larger scale.
Overall, the legal battle’s outcome has the potential to shape the legal landscape and affect the day-to-day lives of homeless individuals, potentially either enhancing their rights and protections or further marginalizing them.
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