Court Vacates Conviction of Ohio Pastor Over 24/7 Ministry

TL;DR: An Ohio appeals court has vacated Pastor Chris Avell’s fire-code conviction stemming from his church’s 24-hour ministry to the homeless. The court found the trial judge failed to address Avell’s constitutional defenses and sent the case back for further review. The ruling follows an April decision that ended a separate civil effort to shut down the ministry.

An Ohio appeals court has vacated the criminal conviction of a pastor who faced a suspended jail sentence after keeping his church open around the clock to provide temporary shelter and aid to people in need.

The Ohio Sixth District Court of Appeals on Friday reversed Pastor Chris Avell’s misdemeanor fire-code conviction, vacated his sentence and sent the case back to Bryan Municipal Court.

Avell leads Dad’s Place, a nondenominational Christian church in Bryan, Ohio, that has operated a 24-hour ministry for people in need, including the homeless.

The ruling marks the latest turn in a nearly three-year fight between the church and the City of Bryan over zoning, fire codes and religious freedom.

Avell was found guilty in January 2025 of knowingly violating Bryan’s fire code. He was sentenced to 60 days in jail, all suspended, and ordered to pay a $200 fine and $114 in court costs. The sentence was stayed while he appealed.

At issue on appeal was not simply whether the church violated the fire code, but whether the city could enforce those rules against Avell’s ministry without violating his rights under the First Amendment and the Ohio Constitution.

The appeals court found that the trial court did not address those constitutional defenses before convicting Avell. It reversed the judgment and sent the case back so the lower court can consider them.

The decision does not end the criminal case or declare that Avell is exempt from fire codes. Instead, it requires the trial court to address his religious-liberty arguments before resolving the case.

“We are grateful that the court vacated the criminal conviction,” Ryan Gardner, senior counsel for First Liberty Institute, said after the ruling. “Pastor Chris has the constitutional right to operate his church free from the government imposing draconian fire code regulations. We hope that this latest ruling will put an end to the years-long legal battle that Pastor Chris has endured. We are grateful to all the work of our co-counsels in this case.”

The dispute dates to late 2023, after Dad’s Place began allowing people to remain inside the church overnight. The church has said its “Rest and Refresh” ministry is part of its religious mission to care for people who have nowhere else to go.

City officials saw the matter differently.

Bryan officials argued that allowing people to sleep in the building changed how it was being used and triggered added zoning and fire-code rules. Inspections identified a number of alleged violations, most of which were later resolved. Two issues remained central to the dispute: the building’s use for overnight stays and the lack of an automatic sprinkler system.

The fight quickly escalated.

Police initially filed 18 criminal charges against Avell over alleged zoning and safety violations. Those charges were later dropped under an agreement between the church and the city. Associated Press reporting at the time described a bitter dispute over whether the church was operating an unlawful homeless shelter or carrying out a protected religious ministry.

The city later brought new fire-code charges after another inspection.

Bryan officials have maintained throughout the dispute that their actions were based on public safety, not hostility toward the church.

“This has been about fire code compliance for public safety,” Bryan Fire Chief Douglas Pool said after Avell’s 2025 conviction, according to WOSU Public Media. “It’s never been about anything as far as religion, and we are appreciative of the court’s findings today to again show that we are trying to protect the public by enforcement of the fire code.”

Avell and his attorneys have argued that the city applied its rules in a way that placed a heavy burden on the church’s religious work.

That argument gained ground in a separate civil case.

In November 2025, the Sixth District Court of Appeals reversed an injunction against Dad’s Place and ordered the lower court to reconsider the dispute under strict scrutiny, the demanding constitutional test used in certain cases involving religious exercise.

On April 1, the Williams County Court of Common Pleas went further.

After applying strict scrutiny, the court denied the fire chief’s request for a permanent injunction and dismissed the civil case with prejudice. The court found that the city had less restrictive options available rather than forcing Dad’s Place to stop its overnight ministry.

The judge also pointed to other buildings that were not subject to the same sprinkler requirement because they had been grandfathered under the code. WTVG reported that the court identified several possible alternatives, including a variance, temporary fire watch or treating the church in a manner similar to comparable buildings that received exemptions.

That civil case was dismissed with prejudice, allowing Dad’s Place to continue its temporary shelter ministry.

Friday’s ruling now puts Avell’s separate criminal prosecution back before the trial court, where his constitutional defenses must be considered.

Avell is represented by First Liberty Institute along with Gibson, Dunn & Crutcher LLP, Taft Stettinius & Hollister LLP and Spengler Nathanson PLL.

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.