The city of Kalispell has tentatively agreed to settle a lawsuit brought by the Flathead Warming Center after its conditional use permit was revoked last year. The settlement, which still needs to be approved by the city council next week, calls for Kalispell to pay $140,000 for the warming center’s legal fees and publicly apologize to its executive director, who had been falsely accused of misleading city officials.
The proposed settlement ends a long-running dispute between the city and the center regarding its operations.
“This past year has been incredibly difficult for our guests, our staff, and our entire organization,” said Tonya Horn, executive director of the Flathead Warming Center, in a press release. “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.”
The Flathead Warming Center opened in 2019 and is one of two shelters in Kalispell. As a low-barrier shelter, it does not turn away people who may be using drugs or have a criminal background. The shelter is open from October to April and initially had 20 beds but has since expanded to 50. Horn said those beds are full almost every night, and the shelter has had to turn people away in the past.
The shelter initially operated out of a church on Kalispell’s east side but moved to a building along North Meridian Road in 2020. Following the move, however, neighbors began to complain about its operations. During a hearing last year, City Council President Chad Graham said he had heard from constituents who had found human waste and drug paraphernalia in their neighborhood. He also alleged that the warming center was attracting more homeless people to the area, although officials with the Flathead Warning Center refute that claim.
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In the decision, Judge Dana Christensen wrote that Kalispell had used a “subjective, nebulous, and thus a meaningless basis” for rescinding the permit. The injunction will allow the warming center to operate until there is a final decision on the case.
In September, the Kalispell City Council voted to revoke the Flathead Warning Center’s permit, arguing that it had failed to adhere to a condition that the operation of the warming center would have little impact on nearby residents and businesses. Shortly after that decision, the warming center and the Institute for Justice, a national nonprofit public interest law firm, sued the city, stating it had violated the shelter’s property rights. In November, a judge issued a preliminary injunction allowing the shelter to reopen.
On Feb. 25, attorneys for the city and warming center agreed on a settlement. As part of that settlement, the city will reinstate the warming center’s conditional use permit, establish the city manager as a primary point of contact for public concerns regarding homelessness and pay attorney’s fees. It will also issue an apology that reads, “The (conditional use permit) 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.”
For its part, the warming center will continue to enforce existing rules for those staying at the shelter, enhance its communications with community members and promptly respond to neighborhood concerns, seek funding for guest transportation and organize neighborhood cleanup efforts.
Mayor Mark Johnson and City Manager Doug Russell have backed the settlement. However, if the city council does not ratify it at its next meeting, the lawsuit will go to trial next year.
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