The ruling gives Pastor Chris Avell another opportunity to challenge charges stemming from his church’s overnight ministry for homeless people.
An Ohio appeals court has vacated the criminal conviction of Pastor Chris Avell, who was prosecuted after keeping his Bryan church open around the clock for people seeking shelter.
First Liberty Institute, which represents Avell and Dad’s Place church, announced the ruling Thursday. The appellate court returned the case for further proceedings rather than ending the underlying dispute entirely.
Avell was previously convicted of violating zoning and fire-code requirements and ordered to pay a $200 fine. The controversy began after Dad’s Place started operating as a 24-hour ministry in response to homelessness in the northwestern Ohio community.
Bryan officials have maintained that their enforcement actions concerned building safety, zoning and the church’s lack of authorization to operate as a residential shelter. City officials previously pointed to alleged fire-code hazards and said religious activity was not the target.
Avell’s attorneys contend that the city treated the church unfairly and burdened its religious exercise while permitting comparable secular activity. First Liberty has pursued related civil litigation over the city’s treatment of the ministry.
Vacating the conviction does not establish a final resolution of every claim or prevent further court proceedings. It removes the prior judgment while the case returns to the lower court.
