Man given permanent restraining order |

Man given permanent restraining order

Susan Cunningham

A longtime homeless man has been ordered to stay away from the LIFT-UP Food Bank and other property owned by the Steamboat Springs school district in the 300 block of Seventh and Eighth streets.

Routt County Judge James Garrecht issued the permanent restraining order Tuesday.

The school district and LIFT-UP requested the order after Herb Allair allegedly hit a food bank volunteer with a milk jug Oct. 27.

The order means Allair cannot go within 25 yards of the school district’s property enclosed by Seventh and Eighth streets, and Pine and Aspen streets. LIFT-UP leases space from the district for its food bank.

Michael Holloran, the attorney representing the school district and LIFT-UP, said in court that there were alternative ways to get Allair food. One option, he said, is that another person can pick up food from the food bank for Allair.

Allair represented himself. He came dressed in multiple layers of clothes and left his large backpack outside the courtroom.

Garrecht asked whether Allair objected to the restraining order, to which Allair said that he liked to show up as soon as the food bank opened to get the “first choice of things.”

“I would like to be reinstated over there, because that’s how I receive food,” Allair said.

Allair agreed to the restraining order, though he acknowledged he did not know who would pick up food for him.

Allair asked whether he would be allowed outside the buildings, to which Holloran explained the 25-yard requirement.

“We’re trying to keep him away from the building,” Holloran said. Teenagers who are emotionally or physically challenged participate in Stepping Stones, which is in the same area, and small children often are nearby for other purposes.

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 reportedly began, with Allair swearing and calling the volunteer names.

The volunteer ushered Allair to the door, and then Allair turned around as if he were 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 report.

The argument continued, and Allair reportedly pushed the volunteer. Her glasses broke, and she yelled for the manager, the report states. When the manager came, Allair reportedly left the building.

No criminal charges were filed.

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.

“It reached the point where it just needed to happen,” said David Freseman, executive director of LIFT-UP. “We’re going to work with Herb to be able to get some food supplies to him.”

— To reach Susan Cunningham, call 871-4203 or e-mail

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