Ruling on Quirky Used Books encampment expected next week

Yahoo

01-05-2025

Apr. 30—An impending ruling will determine if a local bookstore will pay thousands of dollars in fines to code enforcement or be allowed to continue sheltering unhoused people in the store's parking lot in Northeast Albuquerque.
Quirky Used Books has been in an ongoing battle with the Albuquerque Code Enforcement Department since July 2024 for allowing the encampment, which the city says is violating the store's mixed-use zoning codes, after the city received numerous 311 complaints from neighboring businesses and residents.
At the end of an administrative hearing Monday, City Hearing Officer Ripley Harwood said he would review the matter and make a ruling by May 9.
During the hearing, Andrew Coon, a managing city attorney, argued the store at 120 Jefferson NE, just north of Central, is in violation of the Integrated Development Ordinance, which includes zoning and subdivision regulations to govern land use and development within the city.
The city alleges the store is violating four ordinances in relation to weed and litter, outdoor storage, camps and tents when the store is not classified as a campsite and allowable use.
Prior to the hearing, the city offered a settlement to Quirky Used Books, which would have given the bookstore two weeks to remove all unhoused people from the property.
Bookstore owner Gilliam Kerley and his attorney, Billy Trabaudo, rejected the settlement. Kerley said he plans to appeal if the hearing officer rules in favor of the city, sending the matter to district court.
"The hearing officer indicated that he did not believe he really had the authority to rule on constitutional issues, but the district court certainly does," Kerley said. "The constitutional issues that we're presenting, including protecting the right of unhoused people to seek and obtain safety and to protect their property ... are issues the district court will be able to review in-depth."
Kerley said the business has had a 50% profit increase from the previous year, but did not say whether that was due to the ongoing legal battle between Quirky Used Books and the city. He added that the bookstore provides water and a restroom for the unhoused people to use, but is not financially at a point to "start directly assisting."
Jude Brunner, a manager at the Firestone Complete Auto Care store just around the corner from Quirky Used Books, said that while the business has not noticed a significant decline in customers, it has affected their ability to do larger jobs because customers are hesitant to leave their vehicles overnight with homeless people milling around Firestone.
Coon said the bookstore owner does "not appear to contest the facts that give rise to the violations."
He added, "In fact, respondents openly admit in their response to the notice of administrative civil enforcement that they are allowing shelters to be set up on the property."
In response to the city, Quirky Used Books said it is not a camping ground and the city does not know what the unhoused people use or don't use on a daily basis and cannot consider their property rubbish.
Trabaudo argued the bookstore didn't get enough time during the hearing to present its evidence.
Coon stated that if the bookstore applies to become a Safe Outdoor Space, they can continue to allow the encampment, but they must go through the proper avenues and approvals. Kerley said becoming a Safe Outdoor Space requires 24/7 onsite support, which could cost the store hundreds of thousands of dollars.