Federal Judge to Hear Flathead Warming Center’s Emergency Request to Reopen
A U.S. District Court judge on Oct. 25 will hear a request for a temporary restraining order that would allow the low-barrier homeless shelter to operate this winter as a lawsuit against the City of Kalispell proceeds
By Maggie Dresser
A federal judge will hear a request next week from the Flathead Warming Center to grant an emergency motion for a temporary restraining order that would allow the low-barrier homeless shelter to operate this winter while a lawsuit proceeds, according to a scheduling order.
U.S. District Court Judge Dana Christensen is set to preside over the hearing, which is slated for Oct. 25 at 9 a.m. at the Russell Smith Federal Courthouse in Missoula.
In a partnership with the Institute for Justice, a Texas-based nonprofit, public interest law firm, the Flathead Warming Center filed a federal lawsuit against the City of Kalispell after officials revoked the shelter’s conditional use permit last month.
The Warming Center remains open from 1 p.m. to 7 p.m. every day for services including showers, laundry and access to the center’s social workers and addiction counselor. After 7 p.m., guests are turned away to comply with the city’s permit revocation.
As temperatures drop and attorneys wait for the decision on the emergency motion, the Warming Center is asking for donations including blankets, sleeping bags and handwarmers for those in need.
“It breaks my heart that the city is forcing us to close our doors through the overnight hours and turn so many vulnerable individuals out onto the streets … We have seen extreme frostbite that leads to amputations almost every year,” Flathead Warming Center Executive Director Tonya Horn said in a press release announcing the hearing. “We’ll do our best to outfit those in need with blankets, sleeping bags and hand warmers, but beyond that our hands are tied.”
Attorneys with the institute last week announced the lawsuit during a press conference at the Flathead Warming Center on North Meridian Road, arguing the revocation was unconstitutional and it violated private property rights.
The Kalispell City Council in September revoked the Flathead Warming Center’s conditional use permit, citing widespread complaints from neighbors and accusing the homeless shelter’s leaders of not following the criteria outlined in the conditional use permit.
IJ attorneys argue the Warming Center has never been cited for violating any laws and its permit to operate was granted in full compliance with the city’s zoning rules.
According to the complaint filed Oct. 8 in U.S. District Court by David Knobel of Crowley Fleck PLLP and Jeff Rowes and Christen Hebert of the Institute for Justice, the Flathead Warming Center alleges the City of Kalispell violated the Civil Rights Act of the U.S. Constitution and the Montana Uniform Declaratory Judgments Act of the Montana Constitution.
The plaintiff seeks declaratory relief, injunctive relief and just compensation, according to the complaint.