Ohio Pastor Arrested For Not Letting Unhoused People Freeze To Death
For what you do for the least of these ... hey stop that!
It’s been cold as hell in the Midwest for the last week — hell, it’s been freezing cold all over. We’re now back up to a balmy 22 degrees in here in Chicago, but it’s been below zero for days and thus pretty hard to not think of the fact that not everyone has a place to stay warm. So far there have been eight reported deaths from hypothermia in Oregon, at least five in Seattle, four in Chicago, three in Milwaukee — and those are just the ones that made the news.
In other news: Chris Avell, a pastor in Bryan, Ohio, was arraigned last week for letting people stay at his church, Dad’s Place, instead of suffering out in the cold and possibly dying. Avell kept Dad’s Place open 24/7 to allow unhoused people to come in from the cold and get warm.
Via Milwaukee Journal-Sentinel:
According to the city, Avell was sent a letter on Nov. 3 informing him the homeless were prohibited from sleeping at the church overnight. Avell ignored the letter, and during a New Year’s Eve service, police arrived and issued violations.
“Many of these people have been rejected by their families and cast aside by their communities. So, if the church isn’t willing to lay down its life for them, then who will? This is what we’re called to do,” Avell said in a Fox News interview.
Jeremy Dys, Avell’s attorney, called the city’s actions “unconscionable.”
“The city would rather kick these folks to the curb in the cold outdoor months of December and early January than allow the church to remain open 24/7 to those who need it the most,” Dys said.
The reason the city gave was that Dad’s Place is on the first floor in a business district, and Ohio does not allow first floor residences in business districts. The church is actually located next to a shelter and takes in some of the people that the other shelter can’t help.
Avell pleaded not guilty at his arraignment and says that for now the judge will allow the people to stay, and that he plans to keep Dad’s Place open throughout the rest of the winter.
Avell told Action News 13, “This is how I worship my God,” so hopefully all of the “religious freedom” types can take time out from their busy gay bashing schedules to help this guy exercise his. Hmm?
In 2009’s Martin v. Boise, the Ninth Circuit Court found that it is illegal for cops to do “sweeps” of the unhoused if there are not enough beds for all of them in the city (and in 2019, the Supreme Court chose to let that decision stand). In other words, they can’t kick people out when there is literally no other place for them to go.
Chris Avell was trying to give people a place to go — and the same principle that applied in Martin v. Boise should apply here. If those people have no place else to go, their interests and right to exist have to come before “zoning laws.”
In fact, there is a discussion to be had about whether or not the existence of these zones are hurting or helping. Cities all over are filled with empty storefronts in these districts, because zoning laws bar ground-floor apartments and there are not enough retail outlets, restaurants and salons to fill up every single storefront in these districts. So maybe these zoning laws need to be adjusted to allow Dad’s Place to continue operating and helping people.
PREVIOUSLY:
At what point does necessity/defenese of other become a workable defense in US law? Since these are apparently civil violations rather than criminal, does that prohibit the necessity defense in US law? If so, the USA has a fucked up interpretation of equitable remedies.
Slippery slope: it all starts with housing the homeless, and before you know it you're feeding the hungry and healing the sick.
Can't have that kind of thing going on in America; we're a Christian nation for God's sake.