UPDATE: 4:05 p.m. - February 26, 2025
The Flathead Warming Center will remain open after reaching an agreement with the City of Kalispell.
The agreement followed a federal court ruling, which granted the shelter a preliminary injunction.
The city agreed to reinstate the conditional use permit, establish a city point of contact, issue a public apology to the executive director of the Flathead Warming Center, and pay reasonable attorneys' fees.
The center agreed to maintain an occupancy agreement, enhance communication with the community, seek funding for guest transportation, and conduct neighborhood cleanup efforts.
Click here to read the complete agreement.
Watch related coverage: Reaction to Flathead Warming Center permit revocation
(first report: 1:08 p.m. - February 26, 2025)
An agreement has been announced to allow the Flathead Warming Center to continue to provide overnight services.
The City of Kalispell has agreed to permanently reinstate the shelter's conditional use permit (CUP) as part of a legal agreement reached late on Tuesday night, according to a news release.
The announcement comes after a federal court judge granted the Flathead Warming Center a preliminary injunction in November of 2024 that allowed the shelter to operate overnight while a lawsuit challenging the city of Kalispell’s permit revocation continued in court.
“This past year has been incredibly difficult for our guests, our staff, and our entire organization. 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." - Flathead Warming Center executive director Tonya Horn.
According to the release, the agreement needs to be approved by the Kalispell City Council before the lawsuit is settled.
The lawsuit, filed by the Institute for Justice on behalf of the Flathead Warming Center, came after the Kalispell City Council voted to revoke the shelter’s conditional use permit in September.
Additional information from the news release is below.
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.
Click here to read the complete agreement.
