Ohio Pastor Criminally Charged for Zoning Violations After Housing the Homeless in His Church

The city of Bryan says it’s a residential use in a commercially zoned property; the church says it’s religious discrimination.

2 minute read

January 28, 2024, 7:00 AM PST

By Mary Hammon @marykhammon


White sign on side of tan building with metal siding and green overhang, reading "Dad's Place, a church that loves like family."

First Liberty Institute / First Liberty Institute

A pastor was criminally charged earlier this month with zoning violations for sheltering the homeless in his church in Bryan, a city of 8,700 in northwest Ohio. Chris Avell has been keeping the doors of Dad’s Place open 24/7 for anyone to use the church’s kitchen, access the pantry, or participate in church services. The church is next door to a homeless shelter, and he takes in people when it’s full too, reports Chrisian Britschgi for Reason.

Though Avell considers his activities as part of his church’s mission, the city of Bryan says its a residential use of a commercially zoned property and therefore illegal. The city has charged Avell with 18 criminal charges related to violations of the zoning code, following a series of complaints that began in May 2023. According to a press release from the city, Avell knew the C-3 zoning laws applied to the property because he properly requested for a conditional use to operate the church. But he never requested or was approved to use the space as a residence or homeless shelter.

Avell pleaded not guilty to the charges, and his attorney, Jeremey Dys, argues “the city is using an unfairly narrow definition of what counts as church activity to persecute Avell and Dad's Place,” writes Britschgi.

Dys told Reason, “It's a rarity that a city and a mayor would press criminal charges against a church period. I'm not aware of a mayor anywhere in the country prosecuting a pastor for having his church open. That seems to be the very definition of religious discrimination."

The city denies that they discriminated against Avell and Dad’s Place, saying it enforces its zoning code equally against all and that a church does not have special rights under the zoning code.

The church has since sued the city, formally accusing the city and its officials of launching a harassment campaign against Dad's Place for keeping its doors open 24/7 for the homeless.

Tuesday, January 23, 2024 in Reason

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

A group of officials stand in a patch of dirt holding golden shovels and white hardhats.

California city breaks ground on transit connector

The project includes three mobility hubs and a pedestrian bridge.

November 2 - Mass Transit

People walking by a brick school in Cambridge.

After public outcry, Massachusetts city releases housing development tracker

Cambridge’s tracker currently shows 250 housing projects in various stages of development.

November 2 - Smart Cities Dive

A rendering of the park, with green grass and a bass sculpture that looks like several tall arches in a row.

40 years after approval, Chicago breaks ground on new park

The park honors Jean Baptiste Point du Sable, the city’s first permanent non-native settler.

November 2 - Block Club Chicago