A church in Bryan, Ohio, is at the center of a legal battle over its right to provide overnight shelter as part of its religious ministry. Fire Chief Douglas Pool filed a complaint against the church, known as Dad’s Place, in the Williams County Court of Common Pleas on July 26, 2024. The complaint alleges that the church violated local fire codes by changing its use from assembly to residential without installing an automatic sprinkler system.
The case began when Fire Chief Pool conducted several inspections between November 2023 and April 2024 and reported multiple fire code violations at Dad’s Place. Although most issues were resolved, two remained: the change in occupancy use and the absence of a sprinkler system. The church did not appeal these citations administratively. On July 26, 2024, Pool sought a court order under R.C. 3737.45 to enforce compliance with fire safety regulations.
Dad’s Place is a non-denominational Christian church founded by Pastor Christopher Avell in 2018. Since March 2023, it has operated “Rest and Refresh in the Lord,” an overnight ministry open to anyone in need. Pastor Avell asserts that providing shelter aligns with his religious beliefs and cites biblical scripture as justification. However, Fire Chief Pool argues that allowing individuals to sleep on-site constitutes a change in use occupancy from assembly to residential, necessitating compliance with stricter fire safety measures.
The church contends that enforcing these requirements would impose an unconstitutional burden on its religious exercise under both federal and state constitutions. It argues that relocating or installing a sprinkler system is financially unfeasible and contrary to its mission of serving the community from its current location.
In December 2024, the trial court granted Fire Chief Pool’s motion for a preliminary injunction against Dad’s Place. However, this decision was appealed by Dad’s Place on grounds that it infringed upon their constitutional rights under both federal and Ohio law. The case highlights tensions between public safety regulations and religious freedoms.
Dad’s Place seeks relief from enforcement actions requiring them to cease using their premises for overnight shelter without meeting residential occupancy standards or installing costly safety systems like sprinklers.
Representing Dad’s Place are attorneys Marc A. Fishel and Benjamin D. Humphrey; Philip D. Williamson leads representation for Fire Chief Douglas Pool alongside Jeremiah G Dys., Ryan N Gardner., Bradley G Hubbard., Prerak Shah., Benjamin D Wilson., Stephen D Hartman.. The amicus curiae includes Yazan S Ashrawi from The Ohio Municipal League & Dave Yost – Ohio Attorney General supported by T Elliot Gaiser – Solicitor General & deputies Katie Rose Talley & Jana M Bosch . Judges presiding over this matter include Thomas J Osowik , Christine E Mayle , Gene A Zmuda . Case ID: WM-24-020
Source: WM24020_Fire_Chief_Douglas_Pool_v_Dads_Place_of_Bryan_Opinion_Ohio_Court_of_Appeals.pdf