MISSOULA — The Flathead Warming Center had its day in federal court on Oct. 25, 2024, in Missoula as the center looks to stay open overnight during its legal battle against the City of Kalispell.
The Kalispell City Council revoked the Flathead Warming Center’s conditional use permit in September. Losing the permit means the shelter can no longer let people sleep there.
While the Warming Center has sued the city over that decision, they're seeking a preliminary injunction to remain open overnight while the lawsuit moves through the courts.
During Friday's preliminary injunction hearing, attorneys for the City of Kalispell argued the Warming Center did not uphold being a good neighbor over time — which was one of the conditions of receiving a permit to operate.
Kalispell Mayor Mark Johnson took the stand and said businesses and residents around the center are concerned about the conduct of the center's patrons and that removing the center removes a catalyst for negative neighborhood impacts.
However, attorneys for the Warming Center said it tries hard to help its guests who have limited resources.
“What the Warming Center promised to do was [to] do everything it can on its property to make sure that it's a good neighbor and if anyone tells the Warming Center someone has caused a problem, the Warming Center will exclude them, but that's all it can do. It can't control the behavior of adults off its property," Senior Attorney for the Institute for Justice Jeff Rowes told MTN.
Mayor Johnosn to comment after the hearing ended.
Judge Christensen will issue a ruling on the preliminary injunction at a later date.
