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.

“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:

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 space.
Please also find details on Safe Outdoor Spaces at: https://www.cabq.gov/planning/documents/cabq-safe-outdoor-spaces-infographic.pdf
SHANNON KUNKEL
Press secretary | Mayor’s office