An Ohio Pastor has seen his conviction for opening his church 24/7 overturned by the Ohio Sixth District Court of Appeals. The defendant, Pastor Chris Avell, faced “fire code charges” and “jail” for keeping his church open 24/7.
His counsel, Ryan Gardner, said of 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.”
Ohio Appeals Court Tosses Criminal Conviction of Pastor Facing Jail Time for Opening His Church 24/7– www.standingforfreedom.com
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An Ohio appeals court has vacated the criminal conviction of a pastor who faced fire code charges and jail after he tried to keep his church open 24 hours a day.
The Ohio Sixth District Court of Appeals ruled for Pastor Chris Avell of Dad’s Place in Bryan, concluding that the trial court did not address his religious liberty defenses before entering the conviction. The appeals court has now sent the case back to the trial court, where Avell’s claims under the U.S. Constitution and the Ohio Constitution are expected to be considered.
Avell’s attorneys argued from the start that Bryan officials violated the church’s First Amendment rights by using fire and zoning regulations to interfere with its religious ministry. Dad’s Place, located in northwest Ohio, operates around the clock, providing assistance and a place of refuge for homeless and other vulnerable members of the community.
“We are grateful that the court vacated the criminal conviction,” said Ryan Gardner, senior counsel for First Liberty Institute. “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 decision is the latest development in a dispute that has stretched for nearly three years and involved both civil and criminal proceedings.
Earlier this year, the Williams County Court of Common Pleas issued a final order dismissing with prejudice a separate lawsuit filed by Bryan officials that had sought to halt religious activities at Dad’s Place over the same alleged fire code violations. A dismissal with prejudice prevents the same claim from being refiled.
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