A federal judge denied a request for an injunction by the ACLU of Missouri Foundation that would have halted evictions during the pandemic.
“After careful review of the pleadings and oral argument, I determined that federal court intervention in this matter would be extraordinary, and plaintiff’s motion for a preliminary injunction is denied,” wrote U.S. District Judge Howard Sachs in his Nov. 30 decision.
The ACLU, on behalf of tenants rights group KC Tenants, sued Jackson County Circuit Judge David Byrn on Sept. 30, alleging that his administrative order, issued by the 16th Judicial Circuit Court, conflicts with a federal moratorium on evictions ordered by the CDC in response to the coronavirus by depriving tenants of temporary immunity for nonpayment of rent.
“The Administrative Order and its implementation deprive Plaintiff and its members of this temporary immunity from eviction actions without adequate procedural due process protections,” stated ACLU attorney Anthony Rothert in the complaint. “Specifically, Defendants do not provide KC Tenants and its members with adequate notice and opportunity to be heard prior to Defendants’ acceptance of eviction filings in violation of the Moratorium’s language and purpose.”
Judge Sachs' opinion could be overturned on appeal to the United States Court of Appeals for the Eighth Circuit if the plaintiffs choose to further litigate. But Chesterfield attorney Ronald J. Eisenberg believes that if the government is expecting a moratorium on evictions then it should mandate compensation for landlords as well.
“If somebody is not able to pay rent and they're staying there, and you’re allowed to sue them but not force them out and the government's using its authority to do that, I think that's wrong,” he said.
The ACLU and KC Tenants argued that the public health consequences of eviction and housing instability are even greater during a pandemic.
“Displaced tenants face a heightened risk of contracting, spreading, and suffering complications from COVID-19,” their complaint states.
But Eisenberg remains unconvinced about a federal moratorium without compensation to landlords.
“From a health perspective, I don't know that allowing the evictions to go forward would have a negative impact on the spread of COVID,” he said.
Statewide, there are 302,691 coronavirus cases and 4,006 deaths, according to the Missouri Department of Public Health COVID-19 dashboard.