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Judge rules Flathead Warming Center can reopen as lawsuit over city permit proceeds

Tonya Horn, Flathead Warming Center Director, announces a lawsuit against the city of Kalispell, MT at a press conference on October 09, 2024.
Aaron Bolton
Tonya Horn, Flathead Warming Center Director, announces a lawsuit against the city of Kalispell, MT at a press conference on October 09, 2024.

Earlier this year, the Kalispell City Council revoked the Flathead Warming Center’s permit. Council members argued that the shelter increased homelessness and crime in the surrounding neighborhood.

The Warming Center sued in federal district court. It asked the judge for a preliminary injunction that would allow it to shelter unhoused people overnight while the case carries on. The judge agreed.

Director Tonya Horn says the shelter is reopening immediately so people no longer suffer in the cold.

“The way they would feel safe and stay the warmest is by continuing to walk around the community throughout the night because they haven’t been able to have shelter," said Horn.

The city council relied on undisclosed comments from residents to revoke the shelter’s permit, saying it wasn’t being “a good neighbor.”

Missoula District Court Judge Dana Christensen called that “subjective, nebulous and thus a meaningless basis.” Christensen said the city appeared to “pre-judge” the issue and set up an unfair hearing. She also said the city and residents would likely suffer more harm if the shelter stayed close as more people would be on the streets.

The city declined to comment, citing the ongoing litigation.

Aaron joined the MTPR team in 2019. He reports on all things in northwest Montana and statewide health care.

aaron@mtpr.org or call/text at 612-799-1269
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