Boise’s homeless settlement was supposed to fund new shelter space. That didn’t happen
When the city of Boise settled the landmark Martin v. Boise homeless-camping case for $1.3 million, it agreed to several requirements.
The Feb. 8 settlement agreement required the city to invest at least 33% of the money “for the purpose of acquiring and/or rehabilitating shelter infrastructure (i.e. to create or expand available shelter space).”
City Hall acknowledged this requirement in a news release issued the same day.
But the money did not go into creating new shelter spaces. Documents reviewed by the Idaho Statesman show that, while much of the settlement money did go to fund everyday homeless services, none of it was used to create or rehabilitate shelter spaces.
Essentially, the committee allocated the settlement money to fund the day-to-day operating costs of Interfaith Sanctuary expansions that had already taken place.
‘The shelter cannot expand,’ official says
Part of the settlement was used to cover the costs of hotel rooms rented by the Interfaith shelter in 2020 to isolate and prevent the spread of COVID-19, said Stephanie Day, the chair of the Our Path Home executive committee.
Our Path Home, a public/private partnership of organizations including the City of Boise that are seeking to end homelessness, was charged with distributing the settlement money to agencies. Day is the executive director of CATCH, or Charitable Assistance to Community’s Homeless, a Boise nonprofit that works to find stable housing and promote financial independence for people experiencing homelessness.
Maureen Brewer, the city’s Housing and Community Development manager, said the high costs of creating new shelter space led Our Path Home’s executive committee to fund Interfaith expansions that already happened.
“The shelter cannot expand shelter to the degree that they have since March 2020 without the funds to operate such an expansion,” Brewer said in an email.
The settlement came after 12 years of litigation. Seven people experiencing homelessness sued the city for citing them for sleeping on the street when no shelter was available. Among them was Robert Martin, for whom the case is named.
Martin and the other plaintiffs had been cited multiple times under Boise’s camping ordinance, which made it against the law for people to camp in public places.
The 9th U.S. Circuit Court of Appeals ruled in their favor in September 2018. The court said camping ordinances are unconstitutional when no shelter is available. The ruling applies to all states in the 9th Circuit, including Idaho, Washington, California, Oregon, Montana, Nevada, Arizona, Alaska and Hawaii.
Since the ruling, Boise has amended its ordinance and now requires police officers to ensure there is shelter available before issuing a citation.
In March, Our Path Home awarded $894,450 of the $1.3 million — two-thirds of the settlement — to the Boise City Ada County Housing Authority for permanent supportive housing. It awarded $440,550, the remaining third, to Interfaith, which was to fund the creation of the additional shelter space.
Interfaith Executive Director Jodi Peterson-Stigers said the funds made up for fundraising dollars lost during the COVID-19 pandemic and allowed the shelter to pay for essential items.
“It probably saved us in many ways,” Peterson-Stigers said. “In that time of crisis, it was such a gift.”
When Interfaith applied for the money, it never said it would use the funds to create or expand shelter space. Nor did Our Path Home hold it to that requirement. In Interfaith’s applications, Peterson-Stigers wrote that the money would be spent on salaries for staff, transportation and nutrition for shelter guests.
Howard Belodoff, associate director of Idaho Legal Aid who represented the plaintiffs, said his team would need to investigate the city’s compliance with the settlement before commenting.
The $440,550 is not the only money Interfaith has received for the hotels. The Boise City Council approved more than $700,000 for rent and staffing needs at the hotel rooms, saying that it would seek reimbursement from the Federal Emergency Management Agency for the costs.
‘Apprehension’ surrounding State Street location
All this comes as Interfaith readies for a Planning and Zoning Commission meeting on Monday, where Interfaith will seek a conditional use permit to build a new shelter at the old Salvation Army store and office at 4306 W. State St.
Interfaith officials have said their River Street shelter is too small, and a larger location would allow them to meet the needs of more unsheltered people. The new location has drawn strong opposition from some local businesses and residents, who argue it could lead to an increase in crime and a decrease in property values.
None of the Martin settlement money will go to the State Street location. Brewer told the Statesman that optics played a factor in that decision.
“There has been apprehension for all partners about the timing of the city’s settlement with the timing of Interfaith’s proposed new location,” Brewer said.
Day said Interfaith isn’t allowed to use funds for State Street given how the settlement grant is written, though it could be amended later if requested.
Boise City Hall took on other costs from the settlement as well. The city also paid out $435,000 to cover the plaintiffs’ legal costs.
The plaintiffs themselves received far less in compensation. A total of $5,000 was split among the three remaining plaintiffs — Pamela Hawkes, Robert Martin and Robert Anderson — all of whom had been cited by the city between 2007 and 2009 for sleeping on the street.
Hawkes, who now lives in Northern California, said she was pleased to get the settlement money. For her, though, the years of litigation weren’t about money, but making a positive change for those experiencing homelessness in Boise, she said.
“I didn’t care about (money) or anything else,” Hawkes said by phone. “I just wanted a finality to it all.”
What exactly Interfaith spent the funds on is still unknown. Day said a summary report of expenditures will not be submitted until Interfaith has spent all of the settlement funds it received.
She said the Housing Authority hasn’t spent any of the nearly $900,000 it received, as the organization is seeking to use money from federal sources first.
This story was originally published November 12, 2021 at 4:00 AM.
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