Montana
Montana Supreme Court denies Democratic Party's request for control of Green Party case • Daily Montanan
A five-justice Montana Supreme Court panel on Tuesday denied the Montana Democratic Party’s request that the court take over its case challenging the appointment of the Green Party’s U.S. Senate candidate, saying the party had not convinced the justices that a lower court erroneously allowed the Green Party candidate onto the ballot.
The decision means U.S. Senate candidate Robert Barb remains on the ballot.
While the court panel denied the party’s request for a writ of supervisory control, it also found that the party had not shown it was likely to succeed on the merits of its argument for a preliminary injunction that would block Secretary of State Christi Jacobsen from certifying the November ballot to include Barb.
The denial of the writ does not outright put an end to the Democratic Party’s case; it has appealed Lewis and Clark County District Court Judge Mike McMahon’s ruling from Sept. 3, which denied the Democratic Party’s request for an injunction to keep Barb off the ballot. Barb is the lone third-party candidate on the ballot alongside Democratic U.S. Sen. Jon Tester and Republican Tim Sheehy.
But the court panel wrote in its opinion Tuesday that it would “reach the same result as that court under a different analysis.”
In a statement, Jacobsen said she was happy with the court’s decision and that her office had followed the law when it certified the November ballot to include Barb’s name.
“I’m pleased that the Supreme Court unanimously rejected this hail Mary attempt to undermine Montana election law,” she said in a statement. “From the start, this lawsuit was a baseless political game from Washington elites that showed complete disrespect for Montana and our election officials.”
The Democratic Party’s attorney had argued in the request for supervisory control that McMahon had incorrectly interpreted statute that involves how a party replaces a candidate on the November ballot when the primary winner drops out of the race or dies prior to the election.
Green Party U.S. Senate primary winner Michael Downey dropped out of the race on the final day he was allowed to, and the party appointed Barb as his replacement just ahead of Jacobsen’s deadline to certify the November ballot. The Democratic Party sued, arguing the party did not follow its bylaws in accordance with the law that concerns how parties replace their candidates.
Lewis and Clark County District Court Judge Kathy Seeley originally granted a temporary restraining order less than an hour after Jacobsen certified the ballot, but after hearing arguments from the three sides in a preliminary injunction hearing a week later, McMahon vacated the restraining order and denied the Democratic Party’s request for a preliminary injunction.
Attorneys for the Democratic Party, Jacobsen and Barb all filed briefs with the court during the past week and a half, and a five-justice panel unanimously decided Tuesday not to grant the writ or preliminary injunction requested by the Democrats.
Much of the argument has involved the words “appointment” and “nomination,” where they are contained in various election and candidate statutes, and whether the Green Party properly followed the law in replacing Downey with Barb.
The court panel found the Legislature had made different procedures for challenging nominations than for appointing a replacement candidate. It also found that interpreting a section of law as requiring a party who wants to challenge the appointment of a replacement candidate to wait until after certification “would be at odds with allowing ballots to be printed and distributed in a timely fashion.”
“Although such would not be an absurd result, it would not give effect to the purpose of the statute, which in part requires political parties to comply with their own bylaws in appointing replacement candidates in the event of the death or withdrawal of a nominee after the primary election,” the court wrote.
But it found that the Democratic Party had not established that it is likely to succeed on the merits of its request for a preliminary injunction, for which four factors need to be met in order for one to be granted.
The court also agreed with the state’s argument that the Democratic Party’s contention that Barb was not appointed in accordance with the Green Party’s bylaws was “merely speculative.”
“MDP has thus failed to demonstrate that it is likely that the Montana Green Party violated its party ‘rules’ when its state central committee appointed Barb to fill the vacancy created by Downey’s withdrawal,” the court wrote.
The panel ruled that while it disagreed with McMahon’s application of a portion of state law, the Democratic Party did not establish it was likely to succeed on the merits.
“MDP has not convinced us that the District Court erred in its ruling in its Sept. 3, 2024 Order, although we reach the same result as that court under a different analysis,” the court wrote. “Since we have not concluded that the District Court is proceeding under a mistake of law, this matter is not susceptible to writ of supervisory control.”
Barb’s attorney, Rob Cameron, said he and his client felt the court got the decision correct that the Democratic Party was not entitled to an injunction.
“We’re gratified and encouraged by the Supreme Court’s prompt ruling here. Of course we agree that the Supreme Court got it right on the law, and that was the important issue – that the Democratic Party did not meet its initial burden of proving a likelihood of success on the merits of the case,” he said.
Cameron said he views the separate appeal as essentially moot because of the time that has passed and the state laws requiring county election officials to mail out ballots to overseas and military voters by Sept. 20 this year.
A spokesperson for the Democratic Party did not respond to a question of whether the party would continue with the appeal.
Robyn Driscoll, chairperson of the Montana Democratic Party, said the party would focus on educating voters about Barb, whom the party contends is a Republican who swore to run as a Green Party candidate in an attempt to sway the Senate race between Tester and Sheehy.
“While today’s ruling is disappointing, the Montana Democratic Party will continue to make sure that voters know the truth about Robert Barb: He is a well-known Republican who shares right-wing conspiracy theories and believes climate change is a ‘B.S. fake narrative,’” Driscoll said in a statement. “We strongly condemn the Montana Republican party’s blatant manipulation of voters and troubling refusal to follow Montana election law, and we will continue to share the truth from now until Election Day.”
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Montana
Glenn Close Is The Latest Celeb Moving To Star-Filled Bozeman, Montana. Could It Be The New LA?
At 77, screen legend Glenn Close is in demand from Hollywood more than ever. Last year, she starred in Netflix’s “Deliverance,” Now she’s on the streaming giant’s “Back In Action,” with Jamie Foxx and Cameron Diaz. However, Close finds solace far from LA, in Bozeman, Montana.
Although Close moved to Montana full-time in 2019, she’s owned real estate there since the 1980s, long before the area became a bolt-hole for fellow Hollywood celebs looking for an escape from the glare of tinseltown. As she explained in an interview with the Wall Street Journal, Close has a deep-rooted connection to the place.
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“Today my home is in Bozeman,” she revealed. “All of my siblings live here. My modest 1892 house has a porch where I can see the mountains and say hi to neighbors.”
Close is also building a new property. “I’m building a larger house about a half-hour outside of town,” she shared. “It’s going to be my Zen farmhouse and our family sanctuary. In back will be a stone cottage, reminding me of the best years of my childhood.”
According to realtor.com, Close purchased her three-bedroom, three-bathroom abode via a trust in 2016 for an undisclosed sum. In a 2021 interview with Mountain Outlaw, she explained that she bought the dwelling to be closer to her sisters, Jessie, who lives next door and Tina, who lives nearby. Her brother Alex also has a home in the area. At one point, Glenn and sister Jessie even owned a coffee shop together in town.
“When I was little, I got solace in nature and that has never changed,” Close said. “I always tried to create that same potential for my family, especially now to come back here and be with my siblings and have a piece of land outside of town that will always be here for my daughter and her children. That’s my legacy.”
Close’s daughter, Annie Starke, debuted her cooking show, Magnolia Network’s “The Mountain Kitchen,” filmed on her mother’s Bozeman ranch.
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Bozeman has greatly changed since Close and her siblings moved there. According to the Daily Mail, house prices have doubled in six years and some locals are even calling it Boz Angeles, due to the number of celebrities who have recently purchased second homes there.
Montana
Obituary for Rebecca " Becky" Chagnon at Holland & Bonine Funeral Home
Montana
A Montana town is waging war on its unhoused citizens. One shelter is fighting back
In Kalispell, in the mountains of northern Montana, unhoused people are not allowed to sleep in their cars. They can’t erect tents in public places or carry “excessive” personal possessions. They can’t sleep on bus benches, because the authorities have removed them. And they are unwelcome in the city’s parks, which no longer have public bathrooms or access to water and electricity.
Which raises the question, where exactly are unhoused people expected to sleep?
When Kalispell’s mayor, Mark Johnson, was asked this recently in a federal court hearing, his first suggestion was that they go to a homeless shelter.
The problem, though, was that Johnson and his city colleagues had just voted to close a privately run cold-weather shelter that offers beds to as many as 50 people a night – close to one-sixth of the city’s estimated unhoused population. Indeed, the hearing centered on the legality of that very decision.
“If sleep is biologically necessary,” US district judge Dana Christensen pressed him, “and homeless people can’t lawfully sleep on public property without permission or on private property without permission”, what options did that leave them?
Johnson’s response: “They will find a place within shrubbery, bushes, somewhere on public property that’s discreet where they can sleep, where they’re not seen.”
Such remarks have turned Kalispell, a city of 30,000 best known as a gateway to the grand mountain vistas of Glacier national park, into a lightning rod in the national debate on homelessness, particularly the question of how much leeway local authorities should have to police the problem as a short-term fix for a much deeper-rooted issue.
Johnson and his colleagues in city and county government have taken a strikingly punitive approach to unhoused residents in a city where house prices have more than doubled in the past five years, rents have rocketed, the cost of living has gone up sharply, and mental health services have been slashed, leading to a crisis on the streets.
They have issued one ruling after another expressly designed to restrict unhoused residents’ access to city services, many of them far-reaching. To stop people sleeping on bus stop benches, they did not just remove the benches. They got rid of every bus stop and switched to a hi-tech public transport system requiring riders to call a bus via an app linked to their credit card. Since unhoused people rarely have fully functional cellphones or credit cards, they were suddenly unable to use the bus system, too.
Politicians say they have taken these measures in response to complaints from their constituents, a number of whom have told them they don’t want to see unhoused people in their neighborhoods, sleeping in their front yards, drinking, taking drugs or defecating in public.
But the result has been that unhoused people, many of them physically or mentally disabled and battling addictions, struggle to find places to go – especially during the bitter Montana winter when they are vulnerable to frostbite and hypothermia, and a night in the open can be a death sentence.
The most desperate among them describe a life with few options outside the Flathead Warming Center, the shelter at the middle of the legal dispute and the only one in the city that imposes no restrictions (other than behavioral rules) on whom it takes in during the winter months. People keep moving from place to place, forever wary of the police and teenage gangs intent on picking fights.
“Everything is fear-driven,” said Tonya Horn, the warming center’s director, who argues that city leaders can’t simply wish the problem out of existence. “The community sees homelessness, but they’re not seeing illness. And we serve people who are ill – I can’t say that enough.”
Kalispell is hardly unique in seeking to keep unhoused people and the public disturbances that come with life on the street as far out of sight as possible. But its leaders have pushed the legal limits so far, and engaged in rhetoric so sharp, that even service providers have come to fear for their safety.
The US supreme court, in its Grants Pass decision last June, gave broad discretion to local authorities to police their public spaces and impose criminal penalties on people who sleep in the open. That discretion has been embraced by city and county governments across the political spectrum.
What makes Kalispell unusual is that the attempt to close the warming center – on the grounds that it has exacerbated the homelessness problem instead of addressing it – infringes on private property rights that even the conservative majority on the supreme court has so far left untouched.
To close a center it does not own, the city has sought to revoke the conditional use permit it granted five years ago when the center was in the planning stages. Such permits, however, typically determine how a structure is built and have no enduring power once the project is completed and approved. It is also far from clear what exactly the warming center has done wrong.
As a lawyer for the center, Christen Hebert, argued in court: “The Warming Center didn’t break the law, and it didn’t violate the conditions of its permit. But it became politically unpopular, a scapegoat for the problems associated with homelessness in Kalispell.”
Kalispell has stood out, too, because of the intensity of local officials’ rhetoric in blaming both the unhoused population and the service providers helping them.
In early 2023, Flathead county’s three commissioners wrote a notorious letter that accused those service providers of creating more homelessness. It mentioned, but did not name, a “low-barrier shelter” that had opened recently – a clear reference to the warming center.
The commissioners argued that homelessness was a problem rooted in liberal coastal cities, and its spread the result of travellers from San Francisco or Seattle seeking to export their “homeless lifestyle”. One Flathead county commissioner, Brad Abell, suggested in an interview that the root cause of homelessness was the breakdown of the American family. “And that began with Black families,” he said. “It started with the Black population of the United States.”
The warming center and its allies say such arguments are both offensive and deliberate misinformation. Worse, they believe the startlingly strong rhetoric, coming from elected officials, has given license to acts of violence against unhoused individuals.
Six months after the commissioners’ letter was published, teenagers with neo-Nazi associations were filmed beating a 60-year-old unhoused man to death in a parking lot behind a gas station. At least seven other unhoused men in Kalispell claim to have been jumped, beaten or, in one case, run over around the same time.
The hostility has continued. Many unhoused citizens report being taunted and targeted with paintball guns, firecrackers and cinder blocks thrown at their tents. Some described in interviews how they had taken to carrying knives, machetes, axes and the occasional pistol to protect themselves. They also try to stick together rather than risk being picked off one by one.
“The commissioners set the path and gave a platform for hate in this community,” Horn, the warming center director, charged.
“There’s a eugenics movement just below the surface,” added Jenny Ball, a prominent local social worker who was herself almost run down by a truck that, she believes, targeted her. “They want people to die.”
Ball called the commissioners’ letter a “dog whistle” that immediately set her and her clients on edge. “I would feel watched,” she said. “I’d be followed everywhere by people on foot or in trucks. Especially in the parks, I’d have a lot of eyes on me. People would come up angrily and ask: ‘What are you doing?’”
The county commissioners have consistently rejected any link between their letter and the ensuing violence. “I don’t believe we advocated violence against anybody,” commissioner Abell said. Johnson, the mayor, and Chad Graham, another city council member who has pushed to close the warming center, did not respond to interview requests.
At first glance, the hostility seems out of place in a city that prides itself on its neighborliness – “We take care of each other in the Flathead”, a local saying has it – and would much rather be in the business of ferrying tourists to Glacier national park or the ski slopes above Whitefish, a half-hour drive to the north.
In the last five years, though, the city has been rocked by overlapping crises that have greatly increased both the number of people living on the street and the severity of their problems. This, in turn, has hardened local attitudes toward what Horn, quoting the Gospels, calls “the least of these”.
In 2020, the Covid pandemic prompted an influx of relatively wealthy residents from California, Texas and other states who were working remotely and could stretch their money much further in north-west Montana. The population jumped more than 25% over the next four years, landlords evicted thousands of people so they could sell their properties or convert them into short-term rentals, and many of their tenants found they either could not afford a new place or even find one.
At the same time, mental care facilities started closing because of devastating budget cuts mandated by the Montana state legislature, pushing dozens of people with schizophrenia and other serious mental health conditions on to the street. Finally, property speculation led to the closure of two of Kalispell’s lower-income residential hotels, leaving several dozen of the city’s neediest with nowhere to go.
Ryan Hunter, a city council member with a background in urban planning, pushed hard to spur construction of affordable housing after he was elected in 2019 and warned his council colleagues that simply policing the new wave of unhoused citizens would not solve the problem. “The kneejerk response is always the criminalisation response,” he said. “But it doesn’t work. It just pushes the problem someplace else.”
Hunter, though, was roundly ignored, especially after a man living in a camper in a gym parking lot shot and killed an employee who told him he could no longer come in to take showers and exercise. Social media soon filled with accounts of unhoused people shooting up in parks, leaving garbage and human waste in their wake, and sleeping in tents on public trails.
At the same time, law enforcement was overwhelmed, since there was no appropriate place to take mentally ill people experiencing a crisis. People would end up bouncing among the police station, the emergency room and overnight shelters including the warming center, then be back out on the street.
Soon, the same city council members who had approved plans for the warming center in 2019 were distancing themselves from it. Another shelter in town, Samaritan House, saw a spike in crimes and other disturbances in its immediate vicinity but was not publicly accused of being responsible for it the way Horn and her colleagues were.
Kalispell’s homeless numbers were markedly down in counts conducted in 2023, shortly after the commissioners’ letter was published, and again in 2024 – a phenomenon that service providers said had less to do with the real numbers than the fact that many of the city’s unhoused people were afraid to come out of hiding to be counted because of the rancid political environment.
In his interview, Abell had a different explanation. As he sat beneath a large mule deer head erected as a hunting trophy on his office wall, he congratulated himself for putting out-of-town “homeless lifestyle” advocates on notice and effectively scaring them away. “Other states spend billions on homelessness … but homelessness has increased as they spend,” he argued. “We reduced it by 30% and didn’t spend any taxpayer money to do it.”
Homeless advocates are cautiously optimistic that a new $300m state funding stream for mental health services might one day translate into new services in and around Kalispell. But Abell and another county commissioner, Randy Brodehl, showed little sign that they were pushing for it, saying only that it was not their responsibility.
“We would rather put our resources into areas that are more effective for us, from basic law enforcement to snow plowing to road maintenance,” Brodehl said. “[Our] responsibility doesn’t include being altruistic. It doesn’t include doing things that feel good. We are here to do what’s right with the funding that the taxpayers give us. It’s not necessarily to solve people’s mental health and behavioral health issues.”
The warming center has managed to push back against this prevailing tide, in large part because its plight attracted the attention of a national group of public interest lawyers, the Institute for Justice. Weeks after the Kalispell city council voted to close the center down, IJ filed a complaint in federal court alleging that the move was illegal. Weeks after that, Christensen granted a preliminary injunction allowing the warming center to stay open while the case proceeds.
In his ruling, the judge described the city’s reasons for rescinding the center’s zoning permit as “subjective, nebulous, and … meaningless” – language seen by lawyers and the local media as devastating to the city’s legal position.
Whether the characterisation will shift public attitudes, though, is harder to say. “The community is told we are doing it wrong,” Horn lamented. “The community is told we are the problem.”
On a recent Monday night, with snow flurries in the air, two dozen men and women stood in line outside the warming center, behind a fenced enclosure so the neighbours couldn’t see them, in anticipation of the 6pm opening time. Staff was on hand to have them sign an occupancy agreement and place any pocket knives in a plastic bucket. (Firearms are forbidden.)
Inside, a meal awaited them – bean-and-ham soup, a choice of beef stew or sandwiches, potato chips and cake – as well as access to showers, toilets, laundry machines, a refrigerator and computers. The guests, as the center refers to them, were then assigned bunk beds, each with a plastic mattress and basic linens and blankets.
The center offers a range of services, including haircuts and medical care, and works diligently with each resident on ways to rebuild their lives – anything from obtaining an identity card to applying for lower-income housing. Many of the regular residents volunteer to help with the newcomers, sign up for chores or even work shifts.
They describe the center as a welcome reprieve from the hostile environment outside. “We deserve to be treated with respect until we disrespect you,” said Will Brown, a resident in a cowboy hat who has worked in the past as a wildland firefighter.
Still, it is hardly a comfortable place. The bunk room, which once served as a car repair shop, has no windows and gets hot as it fills. People snore, or have night terrors. “We’re the last resort,” Horn said, “but by no means are we a resort.”
The center does not hesitate to throw out guests who break the rules – proof, in Horn’s mind, that it upholds basic standards of orderly behavior. But those standards have also been turned against the center whenever unhoused people who were not admitted, or did not try to be, cause trouble elsewhere in the city. One of the main charges against Horn and her staff is that they have failed to be “protective of … the neighborhood” – a charge they say unfairly suggests they should somehow be responsible for policing large parts of the city.
Even when the warming center is full, many hundreds more unhoused men and women are left looking for shelter in and around Kalispell. Some, their advocates say, sleep in abandoned buildings, or in holes they dig near railroad tracks, or under a heating vent near the Kalispell police station when they can sleep unobserved. Some break city rules by sleeping in their cars, knowing the police will move them on after a few hours at most.
All sides agree this situation is intolerable. Blaming the warming center, though, strikes Horn and others as perverse and counterproductive. “When you bring people inside to warmth and safety,” she argued, “you make the community safer. They get their basic needs met. You have to start there.”
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