BRYAN, Ohio — (AP) — For more than a year, a pastor who opened his church around the clock to shelter and give hope to homeless people has been at odds with an Ohio city over the building housing his ministry.

On Tuesday, a city judge found Pastor Chris Avell guilty of violating zoning and fire codes in a criminal case. But his battle is not over. His attorneys, who last year filed a federal lawsuit accusing the city of harassing and humiliating the church and its congregants, have vowed to appeal the conviction.

The church, called Dad's Place, remains open to temporarily shelter people while it also appeals a separate civil case allowing the city of Bryan to enforce its zoning and fire codes on the building.

Bryan Fire Chief Douglas Pool says the city’s main concern is that the building does not have the proper permits for people to be sleeping inside Dad’s Place.

Inspectors first noticed people sleeping in the church a year ago after earlier finding a mix of code violations. Some of the issues have been fixed, but the city says the church still lacks a permit that would allow people to stay overnight. Securing the permit would require costly improvements, including fire sprinklers.

The fire chief says the city is obligated to enforce the codes, otherwise it could be at fault if disaster strikes.

“If we don’t do anything, who’s going to get blamed?” Pool said. “We’re in a position where we need to enforce the code.”

Attorneys for the church argue the Constitution protects churches helping those in need and that a federal law shields religious institutions from being discriminated against in zoning decisions.

Dad's Place's lawyers also say the city has unfairly singled out the church, carrying out a string of surprise inspections to intimidate the people who are seeking shelter.

They say the city's three hotels and two other shelters are not required to have sprinklers. The city says those places were in operation before the state fire code began requiring sprinklers in residential buildings.

“In a very real way, this city is trying to criminalize compassion,” said Jeremy Dys, a lawyer with First Liberty Institute, which is representing the church. “If this place goes away, people are very much going to be out in the cold.”

This week as temperatures dipped into the single digits, about 14 people stayed at the church, which sits next to another shelter and a block from Bryan's town square and county courthouse.

The city is home to just under 9,000 residents. The surrounding county has low unemployment along with some of the area's lowest rents, according to a 2023 housing study.

But there is a scarcity of available housing across all income levels and the number of new homes and apartments has not kept up with demand over the past two decades, said Dawn Fitzcharles, who works on housing issues for the county.

“It’s compounded the issue of homelessness as well as the working homeless,” she said.

The judge in the case has issued a 30-day stay in his $200 fine against the pastor because of the expected appeal. Avell anticipates the church will continue operating the shelter while the legal fight continues.

“Our calling and our mission hasn’t changed so far throughout this process. Nothing has changed it,” he said Thursday. “We just continue to do the work God’s called us to do, and trust him with the outcome."

The people they serve, he said, “don’t just need a place to lay their head, but where they can actually find hope and transformation.”

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Seewer reported from Toledo, Ohio.

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