Hearing set for emergency order to reopen Flathead Warming Center

A hearing that will decide whether to reopen the Flathead Warming Center in Kalispell has been set for late October. In the meantime, the homeless shelter is handing out blankets for people sleeping outside in the Flathead Valley.

Last week the Flathead Warming Center partnered with national law firm Institute for Justice to sue the city of Kalispell , which revoked the center's permit to operate in September.

The center, which has been open since 2019 and only operates during winter months, has capacity to sleep up to 50 people each night and relies on donations from the community.

Residents in the neighborhood around the shelter have complained about negative effects, claiming an uptick in drug use, loitering and other issues , leading the city council to pull the center's overnight shelter permit.

U.S. District Judge Dana Christensen is presiding over the case. The hearing is set for Oct. 25 and will focus on an emergency order to reopen the center for overnight shelter this winter as the larger lawsuit plays out.

The hearing will include oral arguments from lawyers for both the Institute for Justice and the city of Kalispell, as well as witnesses for both parties. After the hearing, Christensen could rule whether the shelter can immediately reopen.

The Institute for Justice argues in its emergency order request that the city would create irreversible harm to the center by not allowing the homeless to sleep there overnight.

"The loss of the Warming Center's fifty beds as a nightly option for the homeless in the Kalispell community during winter means that there will be more homeless individuals sleeping on the streets, in parks, and in public spaces overnight," the brief from the Institute for Justice said.

Lawyers for the city of Kalispell filed a response to the lawsuit last week claiming the local government has the authority to revoke a permit for not following the rules around the shelter, specifically for not being a "good neighbor" to the surrounding community.

The city argues that the process was done correctly by working though its city council.

"There is no evidence the (center) was intentionally treated differently from others similarly situated," the response said. "Council heard substantial public concern regarding adverse effects the (center) had on the surrounding neighborhood during periods in which overnight stays occurred, as supported by law enforcement records."

Despite currently not being able to operate overnight, the shelter has been able to provide services during the day as the case plays out, according to Executive Director Tonya Horn.

She said the center has been handing out blankets, sleeping bags and backpacks to help homeless people sleep outside. During the day the center can still provide meals, showers and other supplies as well.

"This is a time when we will continue our relationship with our community's most vulnerable," Horn told the Missoulian. "It's heartbreaking that people can't stay at the shelter."

Service provider leaders previously told the Missoulian the loss of the warming center will likely leave more homeless in the streets of Kalispell in the winter, while also stressing capacity at other western Montana shelters.

Griffen Smith is the local government reporter for the Missoulian.

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