Press Conference
When
Wednesday, October 9th, 2024 at 11:00 AM
Where
Flathead Warming Center
889 N Meridian Rd
Kalispell, MT
KALISPELL, Mt.—Today, the Institute for Justice (IJ)—a nonprofit, public interest law firm—partnered with the Flathead Warming Center to file a federal lawsuit against Kalispell, Montana. Across 106 pages, the lawsuit spells out how the city violated the Center’s constitutional rights by revoking its conditional use permit. With freezing temperatures just days away, the lawsuit asks the court for an emergency order to keep the Center open while the legal battle unfolds, ensuring that those most vulnerable are not left out in the cold.
“Kalispell’s decision to shut down the Flathead Warming Center without citing it for breaking any law is not just heartless—it’s unconstitutional,” said Jeff Rowes, senior attorney at the Institute for Justice, which represents the Center. “The Center has a vested property right to continue serving the homeless, and the city is scapegoating the Center because it doesn’t want to deal with the realities of homelessness. Shutting down the Warming Center is needlessly cruel and illegal, especially when the city is resorting to baseless accusations to try to justify its unconstitutional actions.”
Kalispell revoked the Warming Center’s permit last month following complaints from residents about the presence of homeless individuals in the area. However, 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. Many of the complaints occurred miles from the Center. The lawsuit argues that the city has trumped up accusations that the Center lied on its 2020 permit application—accusations that are baseless and only brought up because the city had no legal justification to shut the Center down.
“Winter is coming fast, and for many people in our community, the warming center is the only thing standing between them and the deadly cold,” said Tonya Horn, executive director of the Flathead Warming Center. “The city is treating us like we’re the problem, but we’re part of the solution. We provide a safe, warm place for people to stay in an emergency. Without us, they have nowhere else to go. It’s inhumane to shut us down just as temperatures are about to plummet.”
Horn continued: “Shutting down emergency services to address homelessness is like shutting down a hospital to cure a disease. Shutting the Center does nothing to stop people from falling into homelessness. It defies logic to remove the very resources designed to mitigate the problem, and only exacerbates the crisis by pushing vulnerable individuals further into desperation without providing any real solution.”
The lawsuit highlights how the city’s decision violates both the U.S. and Montana Constitutions. The Warming Center has a vested property right to continue operating, and the government cannot simply change its mind and revoke its permission to operate without legal cause. The lawsuit also asserts that the city is unfairly targeting the Warming Center because it serves homeless individuals, a group the city is actively trying to push out of town. The United States and Montana Constitutions do not permit zoning laws to be used as a weapon against unpopular or marginalized groups.
“The government can’t act as judge, jury, and prosecutor to strip the Center of its property rights, just because it doesn’t like what an owner is doing,” added IJ Attorney Christie Hebert. “Kalispell is scapegoating the Warming Center for serving the homeless when it should be supporting its mission. Shutting down the Center won’t make the homeless disappear—it will only make the problem worse. Thankfully, the courts have a long history of rejecting such blatantly unconstitutional and heartless actions, and we’re confident that the law is on our side.”
The Institute for Justice has requested an emergency temporary restraining order to prevent the closure of the Warming Center while the lawsuit proceeds. If granted, the restraining order will allow the Center to remain open and continue providing critical services as winter sets in. Without intervention, many of Kalispell’s homeless residents will face life-threatening conditions as the temperature drops.
This lawsuit is part of the Institute for Justice’s Zoning Justice Project, which seeks to protect the rights of property owners and nonprofit organizations against unconstitutional zoning regulations that restrict their ability to serve their communities. IJ has a long history of defending individuals and organizations across the country who use their property to help those in need, winning similar cases that challenge government overreach. As part of that, IJ believes that individuals and organizations can offer private solutions to public problems. From fighting for homeless shelters to supporting small businesses, IJ has consistently secured victories that uphold Americans’ rights to use their property for charitable and humanitarian purposes.