“I do find that the plaintiff in this case does have a valid appeal,” said Adams, when issuing the injunction on behalf of Martha’s Kitchen against the city of Temple. “I do find that the plaintiff will suffer some harm. They won’t be able to provide shelter, food and could be ordered closed immediately.”
On June 1, the city’s Building and Standards Commission ordered the 25-year-old shelter to close down its thrift store, furniture warehouse and men’s dorm, and gave the shelter 90 days to make repairs to other structures. Problems the city had with the agency’s structures included electrical, plumbing, structural and safety issues.
Enid Wade of Naman, Howell, Smith & Lee of Waco, had argued for the city that the shelter had no grounds for injunction, saying the shelter needed to provide proof the commission’s decision would cause harm to the shelter, was illegal, and that the shelter needed to provide proof going forward that they could win an appeal.
“We are talking about an injunction. There are very specific elements in order to impose (an injunction),” Wade said during closing arguments.
Following Adams’ decision, Wade said the city still has the option to make an appeal, which she called an “interlocutory appeal” and she would be discussing the issue with city representatives.
Martha’s Kitchen volunteer board chairman Ray Severn said he didn’t know what to expect going into the hearing, but was happy with the outcome, saying business would go on as usual.
“We will continue to feed, cloth and house the homeless,” Severn said following the ruling. “We’re extremely pleased to be able to provide services to the people of this community.”
Adams set an injunction hearing for 9 a.m. Aug. 26 in the 169th District Court. Adams also is currently sitting over the shelter’s appeal with the city. He reminded people in the courtroom that any ruling or judgement as to the appeal could have an impact on the injunction.
Martha’s Kitchen was to close on June 8, but Adams issued a temporary restraining order against the city, allowing the shelter to remain open until a hearing took place.
The ruling came after a unusual break for the day in the courtroom; Adams appeared to continue the hearing until Friday shortly before noon, after nearly three hours of testimony. However, Adams opened space on his docket and attorneys from both parties were called back to the courtroom, along with the media after a 2½-hour break.
Wednesday’s activities included the end of testimony from Severn, who was shown pictures used as evidence that were also shown during a city Building and Standards Commission earlier this month. The pictures contained images of holes in the walls, depressed ceilings, and electrical and plumbing issues.
“Some of the repairs that were requested from us were pretty broad,” said Severn, being questioned by Wade.
Severn continuously stated the shelter had made repairs to most of the 68 items the city requested be repaired. However, when Severn was questioned about how the city would know if the repairs were made, he admitted that “no inspection” had been performed regarding the repairs.
Severn said the shelter had performed many of the repairs prior to the commission hearing, although they didn’t have any building permits.
Wade questioned Severn about not getting permits to do the work, because the shelter has been denied them by the city due to the fact they have not performed a state-mandated asbestos survey. Severn has said the asbestos survey has been a key cog in the shelter’s ability to make repairs, saying in past interviews it could cost “hundreds of thousands of dollars.”
“We’re trying to get permits and we can’t - that’s the situation we’re in right now,” Severn said.
During the hearing, Severn said he wasn’t sure what would happen to the male residents should the city condemn the buildings. “I don’t know where they’d go,” he said. “I know there are other agencies that have been trying to place them since the decision, but we’re still operating with 50 residents per night.”
Also testifying was Richard Therriault, the city’s director of construction safety. Therriault described the city’s decision to step up code enforcement along Avenue G as part of its strategic investment zone initiative, started more than a year ago to crack down on code violations.
“A committee determined which areas were the worst, and we did walkthroughs on all of the buildings in those areas,” Therriault said.
Therriault defended the city’s decision to close the buildings, and said he was responsible for the decision to deny the shelter permits, citing the state mandates for asbestos surveys.
Following the ruling, Severn said the issues with the asbestos survey were now in the hands of his attorneys, Jack R. Crews and Daniel Cunningham of Temple.
“That’s something I’m sure we’ll be discussing,” Severn said. “For now though, we’re going to comply with the city, and only make repairs that we don’t need permits for.”
