Press Conference Information
Today, November 7th at 3:30pm (MST)
https://ij-org.zoom.us/j/94226187630
Today, the Flathead Warming Center won a critical early victory to keep its doors open overnight—when temperatures are forecast to drop into the 20s. This afternoon, Federal Judge Dana Christensen issued a preliminary injunction allowing the shelter to operate its essential overnight services while the lawsuit challenging the city of Kalispell’s permit revocation continues in court. The court found that Kalispell’s process was “subjective, nebulous, and thus a meaningless basis for rescinding the” permit. This decision, which means the shelter can continue to provide lifesaving warmth and safety to the homeless throughout the winter, will remain in effect until a final decision in the lawsuit.
The shelter will open tonight for overnight stays. A team of shelter staff and volunteers are already working to spread word that the Warming Center will be open tonight.
“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. “The facts section of Judge Christensen’s decision is a devastating account of the injustice the City inflicted on the Warming Center and on the homeless people it serves.”
A preliminary injunction prevents a likely injustice from worsening while a lawsuit unfolds. This type of ruling requires showing a likelihood of success on the merits of the case. Here, Judge Christensen found the Warming Center demonstrated that likelihood, noting that the city’s resolution—which was previously claimed to allow daytime operations—would in fact prevent the Center from fulfilling its core mission of providing safe, overnight shelter.
“We’re elated that we can keep helping people through the worst of the winter,” said Tonya Horn, Executive Director of the Flathead Warming Center. “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 lawsuit, filed by the Institute for Justice on behalf of the Flathead Warming Center, stems from Kalispell’s decision to revoke the shelter’s conditional use permit (CUP) in September. For years, the Center operated under the CUP without issue, but earlier this year the city council targeted the Center by revoking its right to offer critical services during the freezing winter months. The lawsuit argues that the city’s decision violates the Center’s rights under the Constitution, jeopardizing the safety and well-being of the area’s homeless residents.
“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,” said IJ Attorney Christie Hebert. “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.”