BRYAN, Ohio (WTVG/Gray News) – A pastor in Ohio has been criminally charged for violating safety codes while letting people sleep in his church overnight.

Judge Kent North ruled that Dad’s Place pastor, Chris Avell, is guilty beyond a reasonable doubt of violating fire codes. He called the evidence “almost overwhelming.”

Avell was sentenced to 60 days in jail, with the entirety of that time suspended as long as he remains compliant with fire codes.

Avell will also have to make sure there are no violations in the next two years. The judge also ordered him to pay a $200 fine along with court costs and placed a hold on the implementation of the sentence and fine for the next month.

Pastor Avell did not wish to provide a comment in court on Tuesday, but his attorneys did say they plan to appeal the decision.

“No pastor in America, including Pastor Chris Avell, should be pronounced guilty for providing temporary shelter to those in desperate need,” said Ryan Gardner, Counsel for First Liberty, a non-profit law firm representing Avell. “Only government officials could say with a straight face that people are safer in the sub-zero temperatures on the street than inside the warmth of a church.”

A statement from Bryan Mayor Carrie Schlade on Tuesday said the City of Bryan has consistently emphasized that public safety regulations must be followed regardless of circumstances, and said the courts have repeatedly found the case does not involve any violations of religious freedom.

“The city remains committed to addressing homelessness within the community and continues to collaborate with appropriate agencies. At the same time, the city is dedicated to upholding laws related to public safety, particularly fire code enforcement, which is critical to ensuring the well-being of all residents,” Mayor Schlade’s statement read.

The statement also said that while Dad’s Place can operate as a church, it has to stop residential operations unless it can file appropriate building and code applications with the state’s approval.

“The city will continue to work with the appropriate agencies to address homelessness and support faith-based organizations in fulfilling their missions while ensuring the safety of the broader community,” Schlade’s statement said.

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