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LIVE TWEETING OUR HEARING AGAINST JUDGE DAVID M. BYRN.
Court is starting now. Lawyers are introducing themselves. We are represented by the @aclu_mo. Ryan Taylor, MO Attorney General's office, is representing Judge Byrn.
Court is starting now. Lawyers are introducing themselves. We are represented by the @aclu_mo. Ryan Taylor, MO Attorney General's office, is representing Judge Byrn.
Waiting for arguments to begin. More technical difficulties. Luckily, the court has some tech support. Tenants who are facing evictions every Thursday in the 16th circuit court do not have such support. https://twitter.com/KCTenants/status/1323657957343678466
While we wait, here's some context. Judge David Byrn signed an eviction moratorium back in March. He had (and has) the authority to extend it, but he failed to do so. He has allowed his courts to hear evictions since June.
The CDC was unambiguous: ending evictions is a matter of public health. Byrn has allowed landlords to file evictions, and his courts have continued hearing eviction cases in court and by teleconference. Jackson County landlords have filed 938 evictions since September 1.
Judge Howard F. Sachs: "I realize that a prompt decision is needed."
YES! We are seeking immediate injunctive relief to STOP evictions and to ensure Jackson County is acting in accordance with the CDC eviction moratorium.
YES! We are seeking immediate injunctive relief to STOP evictions and to ensure Jackson County is acting in accordance with the CDC eviction moratorium.
Tony Rothert with @aclu_mo is now beginning the arguments from our side. "COVID is spreading across Missouri and it has devastated our economy. We are seeking injunctive relief to pause eviction proceedings in Jackson County."
"We don't believe this action should be necessary, because the CDC already provided an order that limits evictions... but Jackson County has taken state action that violates the CDC order in three ways." @aclu_mo
The CDC order is unambiguous. It prohibits *any action* to evict tenants on the basis of nonpayment of rent. This includes filings, challenging tenants' declarations, and proceeding to judgment. Jackson County is violating each part of this prohibition.
REMEMBER: This zoom proceeding is happening so that everyone on this call-- lawyers, judge, court assistants-- can participate in the comfort/safety of their own homes... while thousands of tenants in Kansas City are being forced OUT of the comfort/safety of theirs. Wild.
Judge is interrupting to gain clarity on state landlord/tenant law.
Tony from the @aclu_mo and the Judge are going back and forth about state/district court jurisdiction. Talking about Shelley v. Kraemer, a landmark United States Supreme Court case that struck down racially restrictive housing covenants.
Bottom line of Tony / @aclu_mo argument: While the CDC moratorium is in place, landlords have no right to seek possession of property from persons covered by the moratorium, so they should not be able to take ANY action against a tenant.
