Kalispell, Mont.—On Tuesday, a federal judge granted the Flathead Warming Center’s request for a hearing on its emergency motion for a temporary restraining order and scheduled it for 9:00 a.m. on October 25 at the federal courthouse in Missoula. In the meantime, as temperatures continue to drop, the Center announced that it will open during the day to provide a limited set of services.
With the hearing pending, the Center is also asking community members to donate blankets, sleeping bags, and handwarmers for it to distribute to those in need. Click for donation details. (link added)
“The witness testimony and legal argument will explain to the Court why an order is needed allowing the Flathead Warming Center to remain open while this case is litigated, a process that can take years,” said Jeff Rowes, senior attorney at the Institute for Justice. “When constitutional rights are at stake and there is a threat to life and limb, courts regularly stop the government from doing harmful things like shutting down a homeless shelter while a case is pending.”
In its response to the lawsuit, the City of Kalispell confirmed that the shelter is permitted to remain open during the day to provide some services. Specifically, the city told the Court that its permit revocation, “does not prevent Plaintiff from operating the WC [warming center]. The rescission effectively means Plaintiff simply cannot offer overnight lodging. In fact, the WC remained open before and after rescission offering daytime use such as showers, laundry, light food, and other community [resources].”
Following the city’s statement, the Center announced that it will be open from 1pm to 7pm, seven days a week to offer showers, laundry and a safe space for those in need to rest and warm up. The Center’s social workers and Licensed Addiction Counselor will also continue to meet with guests for individualized consultations and continue to link guests to tools and resources to move beyond homelessness. But after 7 pm, the Center will be forced to turn everyone out.
“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 are not being dramatic— Montana winters kill people! We have seen extreme frostbite that leads to amputations almost every year. I have witnessed Warming Center guests remove frozen socks from their feet.” said Tonya Horn, Executive Director of the Flathead Warming Center. “We’ll do our best to outfit those in need with blankets, sleeping bags and handwarmers, but beyond that our hands are tied.”
Kalispell revoked the Warming Center’s permit last month following complaints about behavior attributed to homeless individuals in the area. The Center has never violated any laws, and its permit was granted in compliance with zoning rules. The Institute for Justice, a national nonprofit public interest law firm, is representing the Flathead Warming Center in this case for free to protect the shelter’s rights and ensure it can continue to provide essential services to Kalispell’s homeless population.
The Flathead Warming Center will hold a press conference at 8:00 a.m. on October 25, prior to the hearing, to discuss the case, the upcoming hearing, and the state of affairs in Kalispell. Media are encouraged to attend.