News
Kalispell and Flathead Warming Center Reach Agreement, Ensuring Center’s Permanent Operation
Legal battle ends with the city agreeing to reinstate the shelter’s permit, affirming the constitutional right to serve those in need.
The Flathead Warming Center secured a major victory in its fight to remain open. Following a months-long legal battle, Kalispell agreed to permanently reinstate the shelter’s conditional use permit (CUP) as part of a legal agreement reached late last night.
This agreement, which follows a federal court ruling granting the shelter a preliminary injunction, marks the end of a prolonged and unnecessary struggle to keep a vital community resource open and operational. The Flathead Warming Center, which provides essential services and shelter for those in need, is grateful for this resolution and looks forward to focusing on its mission without further obstruction.
“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. “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.”
“This victory is a shining example of how our Constitution protects real people in real ways,” said Jeff Rowes, a senior attorney at the Institute for Justice. “The city has now recognized that conditional use permits are property rights, and this agreement ensures that the men and women who rely on the Warming Center will have a safe place to sleep without interference. This case proves that the Constitution is not just words on paper—it is a real-world guarantee that protects the rights of all Americans, ensuring that justice prevails.”
Federal Judge Dana Christensen issued a preliminary injunction allowing the shelter to operate its essential overnight services while the lawsuit challenging the city of Kalispell’s permit revocation continues in court. The court found that Kalispell’s process was “subjective, nebulous, and thus a meaningless basis for rescinding the” permit. This decision, which means the shelter can continue to provide lifesaving warmth and safety to the homeless throughout the winter, will remain in effect until a final decision in the lawsuit.
With Winter Coming,
We Will Fight To Stay Open
On September 16, 2024, the Kalispell City Council voted 6-3 to revoke the Warming Center’s permit, even though it has never been cited for breaking any laws. Now, the people that the Warming Center serves may have nowhere to go during the coming cold winter nights. To fight for its right to remain open and serve the community, the shelter has partnered with the Institute for Justice to file a federal lawsuit to vindicate its right to help those most in need. This case is part of IJ’s broader efforts to support private solutions to public problems, like homelessness, ensuring that charitable organizations are not unjustly shut down when they provide vital services to vulnerable populations.
To Share with You
On April 1, 2024, the City Council asked for a working session to discuss the Conditional Use Permit that allows the Flathead Warming Center to exist in our current location at 889 North Meridian. In that initial request, six points of contention were listed. The Executive Director has written a response to those six matters. Copies of that response were handed out at the working session that took place on May 13, 2024. For anyone that would like to read it, a link to that response has been provided below.
990 Form
The link below is to our most recently completed 990 form, the tax document we file each year. We will update this with the most current version each year as it is completed.