The Steamboat Springs School District and LIFT-UP of Routt County are seeking a permanent restraining order against a homeless man who frequents the LIFT-UP Food Bank on Aspen Street.
LIFT-UP officials say the man, Herb Allair, hit a LIFT-UP volunteer with a gallon of milk while getting food.
A temporary restraining order was issued Oct. 29 against Allair, who has lived in Steamboat Springs without a home for at least the past five years. Today, Routt County Judge James Garrecht could decide whether that order should be made permanent.
The school district and LIFT-UP filed the case asking for a permanent restraining order after the Oct. 27 incident. The order would bar Allair from going within 25 yards of the area.
The school district owns land enclosed by Seventh and Eighth streets, and Pine and Aspen streets. The school administration building is in the block. LIFT-UP leases space from the district for its food bank. Various other operations such as Stepping Stones, a transition program for students who are physically and emotionally challenged, have space in the same area.
According to a police report, Allair entered the food bank at 1:15 p.m. Oct. 27 and took a gallon of milk. A volunteer scolded him for taking all of the milk, and an argument began, the report states, with Allair reportedly swearing and calling the volunteer names.
The volunteer ushered Allair to the door, then Allair turned around as if he was going to enter the food bank again, the police report states. The volunteer pushed Allair out, and he turned and struck her with the milk jug, according to the police report.
The argument continued, Allair pushed the volunteer and her glasses broke, and she yelled for the manager, the report states. When the manager came, Allair left the building.
No criminal charges were filed.
The volunteer was "terrified and sustained injuries to her face as a result of the attack," according to the court filing that requests a restraining order.
Allair reportedly has verbally abused employees and volunteers of LIFT-UP, court documents state.
Based on the incident and "apparent deterioration" of Allair's mental state, school district and LIFT-UP officials think Allair "poses an imminent danger" to the employees and patrons of LIFT-UP and other organizations on the school district's property, court documents state.
Attorney Michael Holloran, who is representing the school district and LIFT-UP, could not be reached for comment.
David Freseman, executive director of LIFT-UP, said he had no comment on the case, as court proceedings were ongoing.
Steamboat Springs police Cpt. Joel Rae said Allair is Steamboat's only long-term homeless person. Most people who are homeless stay in town a few months and then move on, he said.
LIFT-UP is the only resource for people who need food or other resources, Rae said.
The case is scheduled for 1:15 p.m. today in county court.