Warming Center Legal Showdown, Lake Rescues, Fatal Crash, and E. Coli Outbreak
Join Daily Inter Lake reporter Taylor Inman as she covers this week’s biggest headlines for northwest Montana. In this episode, we delve into the legal conflict between the Flathead Warming Center and the Kalispell City Council. Attorney Michelle T. Weinberg warns that revoking the shelter's permit would violate state and federal laws, potentially leading to litigation. We also cover the allegations against the shelter and the council's decision to delay action for 60 days. Additionally, hear updates on recent local incidents including a tragic accident in Glacier National Park, a hypothermia rescue on Flathead Lake, and an E. coli outbreak linked to a Kalispell meat processing company.
Read more of this week’s stories:
Flathead Warming Center attorney warns permit revocation could lead to lawsuit
Kayakers rescued from turbulent Flathead Lake
Man dies after being ejected from vehicle on Going-to-the-Sun Road
Connected to deadly E. coli outbreak, Lower Valley Processing recalls products
Read more local and state coverage:
Tester maintains cash advantage over Sheehy
Trinity Lutheran’s Susan Junk named Best Teacher in the Flathead
Election officials in Lincoln County want to break off from Clerk and Recorder's Office
Tuesday rainfall could end Kalispell's dry streak
Specialist helps young patients cope during hospital treatments
A big thank you to our headline sponsor for the News Now podcast, Loren's Auto Repair! They combine skill with integrity resulting in auto service & repair of the highest caliber. Discover them in Ashley Square Mall at 1309 Hwy 2 West in Kalispell Montana, or learn more at lorensauto.com.
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A big thank you to our headline sponsor for the News Now podcast, Loren's Auto Repair! They combine skill with integrity resulting in auto service & repair of the highest caliber. Discover them in Ashley Square Mall at 1309 Hwy 2 West in Kalispell Montana, or learn more at lorensauto.com.
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Don't miss our featured event - Whitefish’s Huckleberry Days Arts Festival, August 8th–10th at Depot Park! Enjoy local art, food, and family-friendly fun all weekend long — and admission is free, thanks to the Whitefish Chamber of Commerce. Learn more at https://www.whitefishartsfestival.org
Whether you’re chasing huckleberry ice cream or headbanging in the mountains, we’ve got the full rundown of can't-miss moments. Check out https://www.dailyinterlake.com/events for the full rundown.
A big thank you to our headline sponsor for the News Now podcast, Loren's Auto Repair! They combine skill with integrity resulting in auto service & repair of the highest caliber. Discover them in Ashley Square Mall at 1309 Hwy 2 West in Kalispell Montana, or learn more at https://www.lorensauto.com.
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TRANSCRIPT
Hello and welcome to News Now, I’m your host Taylor Inman. We’re going over the week’s biggest headlines and what’s coming up for northwest Montana.
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An attorney for the Flathead Warming Center has warned Kalispell City Council that revoking the homeless shelter's permit would violate state and federal law, and result in litigation.
Michelle T. Weinberg, hired by the Warming Center in June, asserted in a July 12 letter to Council that the shelter has not violated any of the nine conditions included in its conditional use permit, which was first approved in 2020 and amended in 2022.
City officials began raising the specter of revoking the low-barrier North Meridian Road shelter’s permit in the spring, citing complaints from nearby residents and businesses.
Those allegations included a spike in homeless people in the surrounding neighborhood, an increase in law enforcement service calls and a failure of shelter leaders to be responsive to neighbors’ concerns.
In a series of meetings in late spring and early summer, Council reviewed the allegations, took public comments — both for and against the shelter — and analyzed emergency call data. Councilor Chad Graham, who led the effort, charged that shelter officials misled officials in their application materials for the permit.
The effort culminated with a formal hearing on July 15-16. Council ultimately opted to delay action on the permit, giving shelter leaders 60 days to work out disputes with its neighbors. Council is expected to revisit the vote in September.
BUT WEINBURG told the Daily Inter Lake that revoking the Warming Center’s permit would violate its procedural and substantive due process under the Fifth Amendment because Council made “vague and conclusory allegations” at the Warming Center for being untruthful and for threatening the Warming Center with unreasonable action.
Weinberg said the Warming Center would be entitled to compensation should its permit be revoked. She indicated that the shelter has spent over $800,000 on the facility since receiving its permit.
Weinberg asserted in the letter that the city cannot prove that the Warming Center increased homelessness in the surrounding area or that increased loitering, law enforcement calls and other criminal activity is attributable to the shelter.
A letter sent by City Attorney Johnna Preble to Warming Center staff in May alerting them to the possibility of revocation referenced call data analysis performed by city officials. That analysis showed a 90% increase in calls for trespass, disorderly conduct, welfare checks and criminal mischief in a half-mile radius around the shelter since it opened.
Kalispell saw a 50% increase in those types of calls citywide during the same period, according to the data presented.
Weinberg described the analysis as “intentional manipulation” to blame the Warming Center for problems stemming from the Flathead Valley’s population boom and housing crunch.
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Two kayakers suffering from hypothermia were rescued Thursday, July 25 from rough water on Flathead Lake.
Lake County dispatchers received a call at about 5 p.m. from the two people requesting assistance, according to a press release from the Lake County Sheriff's Office.
One of the two had gone in the water prior to the 911 call. By the time a search and rescue team reached the pair, they were both in the water. It was approximately 40 minutes before the kayakers could be taken out of the water, and by then they were suffering effects of hypothermia, the release stated. Both people were wearing a personal flotation device.
The Sheriff’s Office cautions boaters to wear PFDs and to be aware that conditions on Flathead Lake can change rapidly, "turning a pleasurable day into a sudden nightmare."
On June 27, a Missoula man became separated from his boat and drowned in the lake.
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A 34-year-old man from Washington is dead after a wreck on the Going-to-the-Sun Road in Glacier National Park near St. Mary on Tuesday morning.
The motorist was heading westbound at about 12:06 a.m., July 30 when he failed to negotiate a left-hand curve and drove off the right side of the road, according to Montana Highway Patrol. He was ejected from his Honda CR-V, which rolled several times before coming to a rest in the westbound lane, authorities said.
He was transported by ambulance to Browning Community Hospital but succumbed to his injuries.
Investigators said the man, from Ashford, Washington, was not wearing a seatbelt. Alcohol and speed are suspected factors in the fatal wreck.
Authorities described road conditions as dry when the crash occurred.
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A Kalispell meat processing company is recalling some products after being linked to a deadly E. coli outbreak in the Flathead Valley, said officials with the state Department of Livestock on Tuesday.
Lower Valley Processing is voluntarily recalling all non-intact, raw products — like ground beef — produced from animals slaughtered on June 5. That meat may contain E. coli, state officials said.
Meat from the processing facility was sent to local restaurants, where several people became sick from E. coli. The recent outbreak has led to one death and caused 13 others to become ill, according to the Flathead City-County Health Department.
The potentially affected Lower Valley Processing products were labeled with “Lower Valley Processing, Co.,” establishment number “EST. 007” inside the Montana mark of inspection on the product labels, and lot numbers 1398, 1399 and 1400.
The source of the E. coli contamination has not been identified, officials said.
All potentially affected products have been removed from the marketplace by public health officials, the Department of Livestock and Lower Valley Processing. Some products may have been sold direct to consumers prior to discovery of potential contamination, according to authorities.
Lower Valley Processing has contacted all known recipients of direct-to-consumer sales. Officials warned any customers who may have these products in freezers or refrigerators against consuming them. Those products should be thrown away or returned to the place of purchase and refrigerators thoroughly cleaned to prevent cross-contamination.
The problem was discovered when Flathead City-County Health Department was alerted to illnesses associated with E. coli. A traceback investigation conducted in collaboration with the Montana Department of Public Health and Human Services determined that affected individuals consumed potentially undercooked Wagyu burgers at various restaurants. Sampling of product labeled as lot 1400 confirmed the presence of E. coli.
Lower Valley Processing Owner Jeremy Plummer echoed what state officials said in their release. He said they’ve been cooperating with authorities as they investigate the source of the contamination, which remains undetermined.
Officials encouraged anyone concerned about illness to contact a health care provider. E. coli is a naturally occurring bacteria in the digestive tracts of animals commonly consumed by people. It can be introduced into food products through cross-contamination and/or failure to meet sanitary requirements, according to state officials.
Consumers with questions regarding the recall can contact Lower Valley Processing at 406-752-2846.
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Everybody stay safe and have a great week!