ABQ asks for immediate removal of encampment at Quirky Books

The city of Albuquerque says a homeless encampment outside Quirky Used Books & More needs to be removed immediately, just two days after a fatal shooting outside the store.

On Monday, the city requested a preliminary injunction that would put an end to all camping activities on the property, according to a city news release.

“The emergency filing argues that the city and nearby residents will suffer irreparable harm if the property continues to operate,” the release states.

The request comes two days after Gregory Antone, 28, was gunned down outside the business on Jefferson, near Central.

“For more than a year, the city has documented a persistent pattern of criminal activity, public safety hazards and code violations associated with the encampment operating on the property owned by Jefferson LLC and Gillam Kerley,” the release states.

“Despite repeated notices, hearings and fines, the property owners have continued to allow individuals to camp at the location, creating escalating harm to adjacent businesses, residents and the broader community.”

The bookstore owner said the business will fight the city in court.

“What the city is alleging, once again, are things which have nothing to do with the people who are camping here, but reflect issues with homelessness and crime in this part of the city in general,” Quirky Used Books owner Gillam Kerley said in a phone interview. “So, we will be vigorously opposing this and expect that the court will deny the request for a preliminary injunction.”

Early Saturday morning, the Albuquerque Police Department responded to a call of a shooting at the property. When officers arrived, they found Antone’s body, the release states.

According to the city, Antone got into an argument with people at the encampment before being fatally shot.

“The homicide this weekend underscores exactly why the city cannot allow this illegal operation to continue,” City Attorney Lauren Keefe said in a statement. “The neighboring properties have had to deal with drug activity, litter and violence. We are taking decisive action to protect this community.”

Within the past year, APD has responded to 235 calls for services in the area of the property, according to the city. The property had been previously cited for violating ordinances, including the city’s prohibition on outdoor storage and restrictions on overnight camping, the release states.

“It (is) disappointing that the city is exploiting a tragic act of violence in order to escalate their case against us, a case against people who are not responsible for that violence or the other issues that neighboring businesses complain about,” Kerley said.

The fatal shooting happened over a week after city officials asked a judge to declare the bookstore a “public nuisance” because of health concerns and alleged illicit drug use by unhoused people staying in the parking lot, the Journal reported.

If the court grants the city’s public nuisance request, city code enforcement will be allowed to enter the property and evict the people living there. The city also asked 2nd Judicial District Judge Daniel Ramczyk to grant the city permission to petition a judge to sell the property to a new owner if the property remained a public nuisance.

“The city maintains that shutting down the illegal activity at this property is necessary to prevent additional violent incidents, ongoing code violations, and restore safety to the area,” Monday’s news release from the city states.