Pastor’s Criminal Conviction for Helping the Poor Raises Major Question
Elderly grandma Norma Thornton was arrested in March 2022 amid efforts to feed the hungry in an Arizona park. She's now locked in a legal battle to challenge an ordinance that "criminalizes charity."
This originally appeared on The Washington Times.
Christians are called to be the proverbial “hands and feet of Jesus,” feeding, clothing and assisting the less fortunate.
Yet legal stalemates between faith-filled ministries and local governments — quagmires over zoning laws and other preclusions that thwart Christians’ efforts to serve the poor and homeless — are rampant roadblocks to such efforts.
Some of the stories surrounding these debacles have been quite shocking. Elderly grandma Norma Thornton was arrested in March 2022 amid efforts to feed the hungry in an Arizona park, for example.
Ms. Thornton, who has long helped the poor, has since been locked in a legal battle to challenge an ordinance that she and her attorneys believe “criminalizes charity” — a regulation mandating a permit for the sharing of prepared foods for “non-social gatherings.”
Another yearslong battle that came to a close last year centered on St. Timothy’s Episcopal Church and its dispute with Brookings, Oregon, officials who created an ordinance church leaders said restricted their ability to provide meals and other services to the poor.
St. Timothy’s Episcopal Church sued in 2022 after the ordinance limited meal services in residential areas to three hours per day, two days each week. The house of worship won its lawsuit on the basis the government made it difficult for leaders to practice their religion — and Brookings agreed to pay out $400,000 in legal fees.
These are just two such cases. The most recent to dominate headlines involves an Ohio pastor’s ongoing legal fight to keep his church open to serve the homeless 24 hours a day, seven days a week.
Pastor Chris Avell of Dad’s Place Church has been locked in a yearlong scuffle with officials in the city of Bryan, Ohio. The preacher was recently found guilty of a criminal charge and given a suspended 60-day jail sentence and a $200 fine over a failure to comply with city fire codes.
The ruling has been stayed for 30 days while Mr. Avell’s attorneys with First Liberty appeal, with both sides offering passionate defenses for their actions.
“I never thought I’d live to see the day where a city would try to throw a pastor in jail for simply trying to help those who need temporary shelter,” Jeremy Dys, senior counsel for First Liberty, said in response to the ruling.
So, where did this crisis begin? Dad’s Place was told to stop housing people in late 2023 on the basis that allowing the homeless to stay around the clock violates zoning regulations as the church lacks an automatic sprinkler system, among other issues.
The Bryan Fire Department’s chief has said the house of worship needs state permits to become a residential facility, and officials say the current dynamic is a safety issue for people living above and around the church — and for the homeless themselves.
But Ohio Attorney General Dave Yost has stepped into the matter to defend Mr. Avell and Dad’s Place, citing religious freedom and encouraging city officials to back down. Bryan Mayor Carrie M. Schlade has called Mr. Yost’s involvement “interference.”
While we can all certainly appreciate the need to abide by certain fire regulations and recognize how complex these situations can be, cases like this prompt some monumentally important questions. Mainly, at what point is the government simply wielding power rather than seeking viable solutions?
There’s a lot of hubbub about whether Bryan officials are restricting religious liberty and First Amendment freedoms. Considering that Mr. Avell believes he is commanded to serve the poor as part of his religious practice, this is a notable argument.
However, Ms. Schlade has made it clear officials have “no interest in restricting anyone’s religious freedom” and that safety issues and police reports of alleged activity surrounding Dad’s Place have driven much of the concern.
“The City of Bryan has consistently emphasized that public safety regulations, including fire codes, must be adhered to, regardless of any other circumstances,” Ms. Schlade said in one statement. “This decision follows earlier rulings by three separate courts that found no violation of religious freedom rights in this case.”
The case remains in limbo. A December court order demanded the church evict residents, but a more recent panel of judges permitted Dad’s Place to continue sheltering the homeless as the appeal forges on.
Regardless of the finer details at the core of the case, stopping churches from serving seems like a problematic — and expensive — hill for towns, cities and broader government bodies to die on.
After all, there’s a dramatic increase in need in many areas of the country and willing bodies to meet it. Wouldn’t it be in the best interest of all parties to come to a resolution, even if that means bending, breaking — or even amending — the rules?
While there are certainly other issues at play, it’s hard to overlook the fact that Dad’s Place is being held to this standard while two other nearby shelters, motels, many apartment buildings and other commercial structures reportedly aren’t forced into the same fire-code rules.
Why, you ask? Because these shelters and businesses opened before 2017 state code changes went into effect. And with one estimate to add sprinklers coming in at $50,000 — and no other nearby buildings able to accommodate the church’s needs — one can understand why Dad’s Place is frustrated over the matter.
So far, Mr Avell is refusing to stop helping the homeless, and the city seems intent on digging in its heels. But at what cost? Time, effort and money is being spent on a battle that simply shouldn’t be happening. Dad’s Place certainly has more pressing work and the government could undoubtedly be spending its time and resources on more essential matters.
Rather than setting up roadblocks, the government should be fostering solutions and coming alongside establishments such as Dad’s Place, helping implement safety measures and paving a path toward resolution so that the broader community can be assisted.
When faced with a choice between allowing people to remain in the cold or giving them a place of warmth, solace and physical and spiritual nourishment, it’s in everyone’s best interest for the city to find some way to take the lead on settling this battle.