Ohio pastor sues city after being slapped with charges related to housing homeless: 'Smear campaign'
Lawyers for an Ohio pastor who is facing nearly two dozen charges related to housing the homeless at his church sued city authorities and filed a motion for a temporary restraining order against them Monday.
"We've had to resort to go into federal court to hold Mayor Schlade and the city of Bryan, Ohio, accountable for violating the Constitution and federal law," attorney Jeremy Dys of the First Liberty Institute told The Christian Post.
Dys is representing Pastor Chris Avell, who pastors the nondenominational Dad's Place in Bryan, a town of approximately 8,600 people about 50 miles southwest of Toledo.
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Their lawsuit — which was filed by First Liberty Institute along with the law firms Taft Stettinius & Hollister LLP and Spengler Nathanson PLL — lists the city, Bryan Mayor Carrie Schlade, and other Bryan officials as defendants.
The pastor pleaded not guilty on Jan. 11 to 18 zoning violation charges that came following "numerous State Fire Code violations that the tenant and property owner were made aware of," according to a Dec. 13 statement released by City Police Chief Gregory Ruskey.
Avell was slapped with more citations last week after the city's fire chief found a potentially dangerous gas leak amid other violations that have not been corrected, according to local WTVG.
According to First Liberty Institute, Avell decided last March to keep his church open 24/7 because the neighboring local homeless shelter was often full, forcing some of the town's homeless to stay outside. He said his church has since been able to help at least 100 people in Bryan who are struggling with homelessness.
A court filing states that because Dad's Place is zoned as Central Business, the building is prohibited from allowing people to eat, wash clothes, or sleep on the property.
After the story drew national attention, the city of Bryan issued an extensive 42-page press release last week that included pages of documents related to Avell's alleged zoning violations.
"Pastor Avell never requested, nor was approval given, to use Dad's Place as a residence or homeless shelter," the press release read. "The city enforces its zoning code equally to all. A church does not have any special rights under the zoning code and the city expects Pastor Avell and Dad's Place to follow the law."
Dys was dismissive of the city's release, telling CP that it's "a tragedy that they would think any of that would be true." He maintained that many of the complaints against Dad's Place that began to pour in last spring were related to incidents that did not take place on the church property.
"Unfortunately, the innuendo and the public smear campaign led by Mayor Schlade and the town of Bryan, Ohio, is just further reinforcement that this town is doing everything they possibly can to discriminate against Pastor Avell and his congregants," he said. "They want that church driven from view and out of the mayor's sight."
Dys also claimed that it appears city authorities are "trying to create problems where none exists in an effort to smear this church from caring for the most marginalized and vulnerable in our in their community."
The mayor's office did not immediately respond CP's request for comment, but Bryan city attorney Marc Fishel said they "absolutely deny any allegation that the city has treated any religious institution inappropriately," according to The Associated Press.
"The city has been and continues to be interested in any business, any church, any entity complying with local and state law," added Fishel, who claimed that Schlade supported the church opening in the building four years ago.
Avell has a trial date set for Feb. 9.
Jon Brown is a reporter for The Christian Post. Send news tips to [email protected]
