Since March 2023, Chris Avell’s church, Dad’s Place, in Bryan, Ohio, has been keeping its doors open 24/7 for anyone who might stop by to use the church’s kitchen, get food for themselves or their pets from its pantry, or join in church services.
When the homeless shelter next door is full, Dad’s Place will take in some of those people too. Avell considers all these activities a core part of his church’s mission. The city of Bryan, however, considers his sheltering of people an illegal, residential use of a commercially zoned property.
This past New Year’s Eve, when Avell was arriving at the church to preach that Sunday morning, a police officer served him with 18 criminal charges related to violations of the town’s zoning code. Avell pleaded not guilty to those charges earlier this month.
Churches’ charitable activities often don’t fit neatly into zoning codes’ definitions of commercial and residential uses. For that reason, they often get dinged with code violations for doing things like operating a soup kitchen in a residential area or sheltering people in a commercial zone.
The fact that churches are also serving the poor and homeless can make them a target of nuisance complaints from neighbors and extra scrutiny and enforcement from local officials as well.
Bryan’s decision to criminally charge Avell is nevertheless unusually punitive.