Federal Judge Allows Flathead Warming Center to Reopen Amid Lawsuit
U.S. District Court Judge Dana Christensen granted the 50-bed, low-barrier homeless shelter a preliminary injunction, allowing the facility to remain open this winter as the lawsuit proceeds
By Maggie Dresser
The Flathead Warming Center will open its doors tonight after U.S. District Court Judge Dana Christenen issued a preliminary injunction to allow the 50-bed, low-barrier homeless shelter to operate overnight amid a lawsuit challenging the City of Kalispell’s permit revocation, according to a press release.
Beds will remain open for guests throughout the winter and the remainder of court proceedings after Judge Christensen found Kalispell’s process “subjective, nebulous, and thus a meaningless basis for rescinding the permit.”
“The court’s decision will protect the homeless this winter and reenforce that the Constitution protects all of us, even those with the least power and influence,” said Institute for Justice (IJ) Senior Attorney Jeff Rowes, who represents the Flathead Warming Center.
According to the motion, Christensen wrote that the “Warming Center has established that it will suffer irreparable harm absent an injunction” and the “balance of hardships tips sharply in favor of the Warming Center.”
“We’re elated that we can keep helping people through the worst of the winter,” Flathead Warming Center Executive Director Tonya Horn said. “With this decision, we will be here to provide warmth, safety, and support to those who need it most. We plan to do so with our community’s continued support as we work with everyone to take care of our most vulnerable neighbors. This winter is expected to be harsh, and we’ll do everything we can to keep our community’s homeless residents safe and out of the cold.”
The Texas-based Institute for Justice filed the federal lawsuit in a partnership with the Flathead Warming Center last month after the City of Kalispell in September revoked the homeless shelter’s conditional use permit, citing widespread complaints from neighbors.
Councilors accused the homeless shelter’s leaders of not following the criteria outlined in the conditional use permit. The permit allows the 50-bed center to operate on North Meridian Road in neighborhood business zone B-1.
Proponents of the revocation have blamed the Warming Center for attracting homeless individuals to the neighborhood where, according to complaints, many of the clients exhibit frequent disruptive behavior including public defecation, drug use, mental health episodes and criminal activity.
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 and their accusations are baseless.
“The judge recognized that there are serious problems with what the City did and that irreparable harms would likely occur if the Center can’t provide overnight shelter,” IJ Attorney Christie Hebert said. “We look forward to working with the City as the case progresses to find a way forward that balances the needs of the community with the shelter’s essential mission. The Warming Center remains committed to serving Kalispell’s homeless and being a good neighbor, within the limits of what it can do.”