A Dayton’s Bluff drop-in day center for homeless and low-income residents is suing the city of St. Paul in hopes of overturning a series of restrictions on its hours and capacity.

Attorneys for Maria Avenue-based Listening House — the “Living Room of the Homeless” — filed a lawsuit on Monday asking the Ramsey County District Court to force the city to lift 14 restrictions imposed by the St. Paul Planning Commission on Oct. 20.

Listening House previously appealed the restrictions to the St. Paul City Council, which voted 5-2 on Dec. 13 to support the commission’s decisions, with one exception.

The city council chose not to limit the number of homeless guests served each day to 20, as the commission had required, until April 2. The exception allowed Listening House to continue to open its doors to dozens of visitors through the winter.

Officials with the organization said at the time that it serves 35 to 100 visitors per day and called the new cap prohibitive and discriminatory.

The lawsuit notes that the city council did not forward the decision to the mayor’s office until Feb. 7, after a new mayor took office, and that St. Paul Mayor Melvin Carter did not sign it at the time or veto it.

Carter on Tuesday declined to comment on pending litigation.

Under city code, it went into effect anyway in late February, giving Listening House less than six weeks to comply.

“We’re challenging the legality of the whole resolution, really,” said Eric Galatz, an attorney for Listening House. “We have objections to the way the city process worked. We’re challenging the whole set of ordinances. There are only three or four that are truly problematic, but we’re challenging the manner in which the city proceeded.”

Among the 14 conditions, Listening House must inform the city if it serves more than 20 guests in one day on two occasions within the same month.

And it must work with the city on a response plan if it exceeds the cap four times in a month.

In its history, the shelter has served up to 300 people in one day. Additional rules prohibit outdoor patios and require staff on site two hours before opening and two hours after closing.

The suit does not ask for monetary damages, but it does ask for all 14 restrictions to be overturned.

“What we’re asking the court to do is to find the resolution is invalid,” Galatz said.

The Listening House lawsuit against the city of St. Paul: https://t.co/mS9RrtEOl1 — FredMelo, Reporter (@FrederickMelo) April 3, 2018

APPEALS FOUR MONTHS TOO LATE?

Listening House has been providing day services since 1983, including snacks, creative writing groups and other activities for the poor and homeless.

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How Mayor Carter’s proposed budget will impact libraries, Fire Dept., Public Works Its location within Mary Hall on downtown St. Paul’s Ninth Street was recently torn down to make room for an expansion of the former Dorothy Day homeless shelter.

The day center relocated to the basement of First Lutheran Church in Dayton’s Bluff in June 2017.

Since then, neighbors have complained of public urination and defecation, loitering, individuals appearing visibly intoxicated in the street and other difficult encounters.

A call to city council member Jane Prince, who represents the area, was not immediately returned Tuesday.

The relocation to Dayton’s Bluff made sense to city officials at the time, given the church’s history of community service, including free mental health counseling, clothing and housewares, and massage, and its proximity to Swede Hollow Park, where many homeless residents camp out.

The suit notes that Prince and officials in former Mayor Chris Coleman’s office offered their verbal support in meetings.

In March 2017, the city’s zoning administrator issued a statement determining that Listening House was comparable to other “accessory church uses,” though it would be subject to the same restrictions as a home business. Listening House then obtained a building permit and spent more than $250,000 to outfit the church basement as a day center.

Neighbors began raising concerns about Listening House even before it opened, according to the suit, and said the city failed to inform them it was moving in.

They’ve been photographing guests, calling police and contacting City Hall ever since. Related Articles Listening House appeals restrictions to Dayton’s Bluff drop-in center

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On July 3, city officials informed Listening House and the neighborhood district council that the city would accept appeals of the March 2017 determination of similar use for 10 days. The suit states that city ordinances require such appeals to be filed within 10 days of a determination, and that the city operated outside that window.

“The city’s letter and the resulting appeal submitted on July 13, 2017 were submitted nearly four months after the decision,” states the suit. “The appeal was untimely and should not have been heard by the Planning Commission or any other city department.”