Judge Allows Flathead Warming Center to Reopen Amid Legal Dispute

Judge issues preliminary injunction allowing Flathead Warming Center to reopen, citing unfair permit revocation.
Flathead shelter to reopen after judge issues preliminary injunction

The Flathead Warming Center will reopen Thursday night after a U.S. District Court judge issued a preliminary injunction against Kalispell’s decision to revoke the shelter’s permit. Judge Dana Christensen criticized Kalispell’s basis for the permit withdrawal as “subjective, nebulous, and thus a meaningless basis.” This ruling allows the warming center to operate until a final decision is reached.

Flathead Warming Center’s executive director, Tonya Horn, expressed gratitude, stating, “We’re elated that we can keep helping people through the worst of the winter.” With community backing, the center aims to provide warmth and safety to vulnerable individuals amid expected harsh winter conditions, ensuring homeless residents stay safe and warm.

Kalispell’s decision to revoke the low-barrier shelter’s permit followed a lengthy debate. The center, operational since 2019, is located near downtown and serves as the only low-barrier shelter, unlike other facilities like the Samaritan House, which impose restrictions on drug use and criminal histories. Initially offering 20 beds, it expanded to 50 beds, often reaching full capacity nightly.

The shelter’s North Meridian Road location has faced complaints since 2020. City Council President Chad Graham voiced concerns from residents about issues like human waste and drug paraphernalia, and alleged that the shelter attracted more homeless individuals, a claim center officials deny. The original permit stipulated minimal impact on nearby areas.

Despite the council’s 6-3 vote on Sept. 16 to revoke the permit, the Institute for Justice filed a lawsuit, arguing the city violated the center’s property rights. During an Oct. 25 hearing, attorneys emphasized that the center would not have purchased the building without the right to operate there. Jeff Rowes from the Institute stated, “The court’s decision will protect the homeless this winter and reinforce that the Constitution protects all of us, even those with the least power and influence.”

Read more about the shelter’s ongoing challenges.


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