BRYAN, Ohio — The pastor of a 24-hour church in Bryan is facing a new charge for allegedly violating the city's fire code.
According to court documents filed Friday, Dad's Place Pastor Chris Avell is charged with a first-degree misdemeanor fire code violation.
The city of Bryan alleges two violations of the city's fire code as found during an inspection by the fire chief on April 24, court documents state.
The new charge against Dad's Place, filed in the Bryan Municipal Court on Friday, claims that Avell violated the city's fire code by allowing people to sleep in his church without obtaining proper certification for a congregate living facility.
Avell and the owner of the building, Riehle Rentals, were cited April 24 for the certification violation and for not having an automated sprinkler system in the church's main room, following an inspection by Bryan Fire Chief Douglas Pool.
Each violation carries a potential fine of $1,000 per day if the church does not end its 24-hour ministry by May 1.
The city claimed that 15 people were sleeping in the main room of the church during the inspection.
"We did not want to do this. We must do this for the safety of the people using the church, renters in space above the church and the businesses adjacent to the building," Bryan Mayor Carrie Schlade said in a statement Friday. "This is not some bureaucratic dispute between Dad's Place and the city. This is a very dangerous situation for the people that Dad's Place has invited in to stay overnight."
Dad's Place filed a motion to show cause against the city of Bryan and city officials on Thursday, prior to the new charge.
According to court documents, Dad's Place requested a hearing regarding the alleged disregard and violation of a court order by the city, and accusing the city of being in contempt of court for "Failure to comply with this Court’s Order forbidding Defendants from enforcing any alleged violations of the City’s zoning or fire codes without this Court’s approval or the Church’s agreement; Failure to comply with this Court’s Order requiring Defendants to contact the Court to schedule a conference for any alleged urgent safety need to enforce the City’s fire code."
Alternatively, Dad's Place will renew its previously filed motion for a temporary restraining order and preliminary injunction.
"We are asking the court to send a clear message to city officials in Bryan to stop its illegal harassment of Pastor Chris and Dad’s Place," a legal representative for the church said in a statement.
Both parties met Thursday, but were unable to reach an agreement, which led to the motion filed by Dad's Place.
Dad's Place began helping the unhoused in March 2023. However, in November, city officials issued an ultimatum to the church to stop operating 24 hours a day or face legal penalties.
Avell faced nearly two dozen criminal charges for keeping his church open 24 hours a day, seven days a week. The charges included zoning violations for running a church that sheltered the unhoused, to which he pleaded not guilty in January.
The previous charges were dropped and the case was settled Feb. 1, with a resolution of the city representing to the court that it "would take no further enforcement actions against the church," according to a statement issued by the legal representation for Dad's Place.
"Since that time, the church has addressed many of the alleged safety concerns raised by the city," the church's legal representation said.
A court appearance is scheduled for May 16 at 10:30 a.m.
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