Latest news with #QuirkyUsedBooks
Yahoo
02-05-2025
- Business
- Yahoo
Ruling: East Central bookstore must remove encampment or face hefty fine
May 1—A hearing officer ruled that Quirky Used Books must remove a homeless encampment from its parking lot in two weeks or pay a fine of $1,500 to the city of Albuquerque. In the written ruling issued Thursday, City Hearing Officer Ripley Harwood stated he would only impose fines tied to one of several ordinance violations brought against the bookstore, that which prohibits camping on public property, including the use of tents. Harwood dismissed the other violations, which involved weeds and litter and outdoor storage. The dispute dates back to July 2024, when Quirky Used Books began allowing 18 unhoused people with 12 tents to stay in the store's back parking lot at 120 Jefferson NE, just north of Central. After the city received various 311 complaints — at least one from a neighboring business — Code Enforcement issued the violations, leading to an administrative hearing on Monday. Gillam Kerley, owner of Quirky Used Books, said he was "disappointed" the hearing officer could not rule on whether the violations aligned with the New Mexico Constitution. Harwood said, in his decision, that he considered constitutional arguments "to be outside the scope of my review." In his ruling, Harwood said the case is not about the rights or risks of homeless people occupying public property, but rather "a case about the limits of the rights of private property owners to the allowable uses of their property." Kerley said he will be seeking a stay on the enforcement of the ruling pending an appeal to the 2nd Judicial District Court. He said they were appealing to get a ruling "on whether the New Mexico Constitution's right to seek and obtain safety and the right to preserve one's property essentially outweigh the language of the zoning code." The bookstore owner added that he does not expect the decision to be reversed during the appeal. The city's Code Enforcement Department said they were pleased with the ruling. "We're happy with the decision because it moves Quirky Books towards remediation, which is what we always wanted," said Tim Walsh, public information coordinator for the city of Albuquerque Planning Department. "We just want them to come into compliance and hopefully this will get them there." The city plans to stay in contact with the bookstore to ensure they come into compliance. Code Enforcement has another hearing pending with Quirky Used Books over similar violations, but said they will drop the case if Quirky Used Books comes into compliance in the next two weeks. A hearing on that matter has not been scheduled yet. Kerley said he was glad the hearing officer did not agree with a majority of the proposed violations, including the accusation of litter and filth in the parking lot. In his ruling, Harwood left a glowing review of Kerley's character, calling him an "altruistic idealist." "Were the world full of idealists such as Gillam Kerley, humanity would likely solve the broad-based societal problems without the need for the blunt instrument of government," Harwood wrote. "The reality is that Quirky Books cannot solve the enormous public problem of the homelessness and in trying to do so, they have merely caused other harms. The homeless problem is for governments to solve."
Yahoo
01-05-2025
- Business
- Yahoo
Ruling on Quirky Used Books encampment expected next week
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.
Yahoo
29-04-2025
- Business
- Yahoo
Albuquerque bookstore pushes back against plans to remove homeless camp on property
ALBUQUERQUE, N.M. (KRQE) – An Albuquerque bookstore owner is going head-to-head with the city, over whether he can have a homeless encampment on his store's property. Now, a city hearing officer is deciding whether the camp can stay or the owner will face thousands of dollars in fines. The owner of Quirky Used Books near Central Ave. and Jefferson St. said he's just trying to help people affected by Albuquerque's homelessness crisis, but the city said he's going about it the wrong way. Story continues below Community: NM Dancewear closes its doors for good, leaving hole in dance community Food: Los Ranchos restaurant named best spot for brunch in the state by Yelp Crime: ABQ woman frustrated, two vehicles stolen from hospital parking lot days apart Film: Do you recognize these 'El Camino: A Breaking Bad Movie' filming locations? 'So, we think overall what we're doing is a benefit for the city as a whole. And we wish the city would recognize that,' said Gillam Kerley, owner of Quirky Used Books and More. The business, between Nob Hill and the International District, also serves as a safe haven for a handful of homeless people living in tents. Kerley said he started allowing the tents almost a year ago. 'People need a safe space to stay, and the city's escalating encampment sweeps and the criminalization of the presence on public property,' said Kerley. In July 2024, the business received a notice from the city's code enforcement that the camp is violating the zoning code. 'The shelter on the property constitutes an encampment in violation of the city integrated development ordinance and they're a hazard the communities health and welfare,' said Andrew Coon, managing attorney for the City of Albuquerque. The city does allow sanctioned camps, called 'Safe Outdoor Spaces' but organizations must apply for a permit and provide bathrooms, showers, and more, requirements Kerley said are burdensome. 'The cost of doing that, of providing 24/7 on-site support, would be over $100,000 a year in operating expenses,' said Kerley. Kerley and his attorneys were in front of a hearing officer Monday afternoon to argue his case. 'He is exercising his rights under the state and federal constitution, including his right to property and his right to provide safety to those who seek it,' said Billy Trabaudo, attorney representing Kerley. Kerley said he vets the people living on his property. Currently, there are 12 tents and 18 people residing in the parking lot. He plans on appealing if the hearing officer rules in favor of the city. A ruling is expected by May 9. The mayor's office sent KRQE News 13 a statement below: 'We want more Safe Outdoor Spaces in our city and welcome any business, church, or nonprofit that can help our unhoused. There is a city ordinance that requires safe, sanitary living conditions, and we encourage Quirky Books to follow the law and become a true safe outdoor also find details on Safe Outdoor Spaces at: SHANNON KUNKELPress secretary | Mayor's office Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
