This agreement, which follows a federal court ruling granting the shelter a preliminary injunction, marks the end of a prolonged and unnecessary struggle to keep a vital community resource open and operational. The Flathead Warming Center, which provides essential services and shelter for those in need, is grateful for this resolution and looks forward to focusing on its mission without further obstruction.

“This past year has been incredibly difficult for our guests, our staff, and our entire organization,” said Tonya Horn, executive director of the Flathead Warming Center. “But now, with this legally-binding agreement in place, we can finally look ahead with renewed hope. We are eager to work together with the city to serve those in need rather than fighting against unfounded attacks. Addressing homelessness is divisive in our community. We seek reconciliation and collaboration. The work is far from over; we cannot do this work alone. Through this settlement, the relief and joy we feel today are immeasurable, knowing that our constitutional rights have prevailed and that our doors will remain open for those who need us most.” 

“This victory is a shining example of how our Constitution protects real people in real ways,” said Jeff Rowes, a senior attorney at the Institute for Justice. “The city has now recognized that conditional use permits are property rights, and this agreement ensures that the men and women who rely on the Warming Center will have a safe place to sleep without interference. This case proves that the Constitution is not just words on paper—it is a real-world guarantee that protects the rights of all Americans, ensuring that justice prevails.”

The city agreed to:

• Reinstate the Center’s conditional use permit: The city has agreed to “pass a resolution to settle the case, rescind Resolution 6227, and reinstate the CUP without qualification.”
• Establish a city point of contact: The City Manager will serve as the primary point of contact for public concerns regarding homelessness, including for the Warming Center.
• Issue a public apology to Tonya Horn: The city issues the following apology: “The CUP rescission process and litigation has resulted in various accusations, some of which have unfairly landed on the Warming Center’s executive director, Tonya Horn. The City does not believe Ms. Horn committed perjury or lied in the Warming Center’s CUP application process. The City apologizes to Ms. Horn.”
• Pay reasonable attorneys’ fees: As is customary following a win in court, the city will cover the legal costs incurred by the Institute for Justice in its successful defense of the Warming Center’s rights.

The Flathead Warming Center agreed to:

• Maintain an occupancy agreement for guests: The Center will continue to enforce its existing rules for those staying overnight.
• Enhance communication with the community: The Center will maintain phone, website, and email points of contacts for community feedback and respond promptly to concerns. 
• Seek funding for guest transportation: The Center will continue to explore options and funding to providing transportation to and from the Center to better serve those in need across Kalispell.
• Conduct neighborhood cleanup efforts: The Center will organize routine clean-up patrols within a quarter-mile radius of the Center to address litter and maintain a positive relationship with nearby residents and businesses.

[Read the complete agreement.]

While the agreement has been reached in principle between representatives of the Warming Center and the city, including the mayor, it must still be ratified by the Kalispell City Council before the lawsuit is settled. If the city council does not ratify the agreement, the lawsuit will proceed to a trial in March 2026.

“This agreement is a testament to the crucial role that private charities like the Warming Center play in addressing homelessness, particularly at a time when the U.S. Supreme Court has allowed cities to criminalize homelessness in public spaces,” said Christie Hebert, an attorney at the Institute for Justice. “The reality is simple: every human being needs a warm, safe place to sleep. The Flathead Warming Center is a vital part of the solution, and this agreement affirms its rightful place in the community.”

Once ratified by the city council, the parties will submit the agreement to the court as a consent decree. This means that if either party violates the terms of the settlement, the other can ask the court to enforce it, ensuring long-term accountability and stability for the Warming Center’s future operations.

This case is part of the Institute for Justice’s Zoning Justice Project, which seeks to defend the rights of individuals and organizations facing unconstitutional zoning or land use decisions. The project aims to ensure that local governments respect property rights and do not use zoning laws to unjustly restrict or burden private entities that serve the community.