Daniel B. Heid, the city attorney who wrote the response brief, also addressed claims made by Yakama Nation Tribal Chairman Gerald Lewis. Lewis had alleged that Heid, in his first week on the job in November, had not engaged in good faith discussions regarding the city’s concerns. Heid rejected this assertion.
On November 27, Judge Dimke ruled in favor of the Yakama Nation, granting the temporary restraining order and a preliminary injunction, which allows the shelter to operate while the dispute continues. The judge cited the risk of harm posed by freezing weather and determined that the shelter would be necessary for public welfare.
The judge’s decision, which blocks the city from preventing the Yakima Valley Farm Workers Clinic from hosting the shelter, will remain in effect until December 18, when a hearing on the matter is scheduled.
The Yakama Nation argued that it had satisfied the four requirements for a temporary restraining order, as outlined by the U.S. Supreme Court in Winter v. National Resources Defense Council Inc. (2008). These factors include likelihood of success, irreparable harm, the balance of equities, and public interest.
