The Flathead Warming Center, a facility in Kalispell, Montana, intended to provide lifesaving warmth to homeless and needy, has been ordered shut down by city officials.
It’s because they got complaints from residents, sometimes not even in the neighborhood of the center, about the presence of homeless.
But center officials, who opened with the full permission of the town after meeting all requirements, now are challenging that order as unconstitutional.
Kalispell, in fact, experiences cold weather, especially during the December-February time frame. Below zero readings are not at all unusual, and during those winter months the mercury sometimes hits as low as minus-30, extremely dangerous for those without protection. Frostbite can hit within minutes.
It is the Institute for Justice that has come alongside the Center to go to court, with a federal lawsuit against the town.
“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,” the institute explained.
“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.
“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.”
The permit was revoked “following complaints from residents about the presence of homeless individuals in the area.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,” the IJ explained.
“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.”
The lawsuit charges the city with violations of both the state and U.S. Constitutions.
“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.”
At issue immediately is a request for an emergency temporary restraining order to keep the Center open while the lawsuit progresses.
