Government & Politics
KC Tenants disrupts eviction court, demands relief for tenants during COVID crisis
All spring, as KC Tenants demanded relief for Kansas Citians left vulnerable by the coronavirus pandemic, its activist members promised “if we don’t get it” to “shut it down.”
On Thursday, they organized — virtually and in person — to shut down the state eviction court proceedings at the Jackson County Courthouse.
More than a half-dozen protesters took turns entering several downtown courtrooms to say that “evictions are an act of violence,” and one-by-one they were removed from the 7th floor. Most were never taken into custody, and some returned just moments later to continue their protests. But two were arrested, according to KC Tenants.
Judges interrupted by protesters while hearing cases via conference call muddled through the noise and attempted to carry on.
Outside after the court ended, KC Tenants leaders pledged to keep shutting down the eviction docket until they see action to protect vulnerable residents.
“If our so-called leaders continue to lead our tenants into death digitally, online, via phone or even in person, we are going to continue to shut it down until we get what we want,” Mason Andrew Kilpatrick said in front of the courthouse.
Dozens of indignant Kansas City tenants gathered outside to demand officials reinstate the eviction moratorium that was in place at the beginning of the COVID-19 pandemic. Those cases resumed this spring at Jackson County Circuit Court. Protesters also demanded that Kansas City cancel rent to help struggling tenants.
A spokesman for the Jackson County Sheriff’s Office did not immediately provide a comment on the two arrests.
In a statement, the Jackson County Circuit Court said it was “compelled to protect the rights of all parties in cases filed here.”
“If the executive or legislative branches of government decide to change those existing laws or procedures, the Court will enforce and give effect to those new laws and procedures, too,” the statement said.
The court said members of the public have the right to contact elected officials and protest.
“However, those persons who disrupted today’s court proceedings, although ultimately unsuccessful in their attempt to keep the hearings from occurring, actually interfered with the rights of the parties who were attempting to participate in those proceedings – including attorneys who were there representing the rights of the very tenants for whom those protesters were purportedly advocating,” the court said.
Evictions ‘left and right’
Mayor Quinton Lucas said the city must “continue doing all we can to protect vulnerable populations.” He said the city had allocated $1 million in rental and utility assistance in Clay County and hoped to provide support to Jackson and Platte counties using federal CARES Act funds. The city also allocated $9 million in federal Community Development Block Grants and Emergency Solutions Grants, he said.
“While the city cannot freeze or cancel rent due to state law, we have worked with our counties to halt evictions up until this point, and will continue urging them to maintain eviction freezes,” Lucas said. “We continue our work to steer funding toward rental assistance for those in need.”
KC Tenants message was that evictions, especially during a pandemic, are violent and will lead to tenants’ deaths.
Jenay Manley, a leader of the group, was arrested in the courthouse, the group said. Kevin Jean Paul read a statement for her that said evictions, like police brutality, disproportionately affect Black people.
“Black lives matter in our homes,” Paul said for Manley, one of the two arrested for disrupting the proceedings. “Black lives matter at our jobs. Black lives matter before we are dead.”
Gina Chiala, executive director of the Heartland Center for Jobs and Freedom, which provides free legal services to low-income tenants facing eviction, said she’s seeing evictions “left and right.”
“The most vulnerable population, people of color, poor people, are being forced to come to court and subject themselves to high-risk conditions just in the process of trying to maintain their homes.
“And of course, if they are evicted, they go into homeless shelters, they go into the streets, they go into cars, they go double up with families in a way that causes the virus to spread and threatens public health,” Chiala said.
Tenants may attend court proceedings via conference call. Chiala has previously noted that some tenants may not have access to reliable phones or internet service to take advantage of the virtual proceedings.
Tiana Caldwell, a cancer survivor, and her family have been evicted before. They spent much of last year homeless before finally finding a landlord who would rent to them despite an eviction in their background. This spring, she got laid off because of the pandemic. She said it hit her hard, but now she’s “furious.”
Caldwell got caught up on her rent, and the case has been dismissed. But she said she can’t pay rent on Aug. 1. And her previous bouts with cancer means she is at high risk if she catches COVID-19.
“Evictions will kill people like me — period, and our blood will be on the hands of politicians at every level of government who fail to act. My blood will be on the hands of everyone who stood in the way of canceling rent.”
Judges struggle to be heard
In a statement, Stacey Johnson-Cosby, president of the KC Regional Housing Alliance, said she felt an eviction moratorium would “harm the very tenants that it is purported to help.”
“Instead of spending so much energy and time on the back end and stopping evictions which is merely a symptom, we need to focus on solving the problem and pointing them towards resources that are out here to help them pay their rent and keep their families stabilized in their homes — especially during the pandemic,” Johnson-Cosby said.
Since the moratorium ended, judges have been handling landlord-tenant cases both in-person and online. Courtrooms Thursday were sparsely populated with masked tenants, landlords and attorneys, but many attended online.
Chiala said she does not believe tenants have adequate due process because of the arrangement.
For those who might not have the tools to access court online, “they’re being given the choice to come to court and risk their health or stay away from court and have an automatic judgment against them for eviction, and that’s no choice at all,” Chiala said.
On Thursday, KC Tenants sought to shut down the remote proceedings, too.
“Tenants on the line, This is not your fault,” a protester said over the line as Judge Janette Rodecap’s 9 a.m. proceedings began following the roll call of cases. “You deserve a decent home. You deserve shelter during the pandemic. You are not alone. KC Tenants has your back.”
“No one should be evicted during a pandemic. This is not justice, this is not due process. This is violence. All evictions must end or people will die,” another voice said.
Rodecap ended the call early, unable to speak over the protesters. She called tenants and landlords directly, and the court said in a statement she was able to finish her docket.
“The tenants also have a right to speak.” Judge Mary Weir said, attempting to speak to the tenants over protesters at her 9:30 a.m. docket. “You have the right to represent yourself. You have the right to hire a lawyer.”
The Heartland Center for Jobs and Freedom asked the protesters to stop their comments for a moment so they could list off their legal help number. The protesters complied, then immediately started up again.
“What you’re doing is interfering with these people’s rights to speak,” Weir said, as she began roll call over the protesters.
After Weir called one person’s name, a woman apologized, saying she couldn’t hear her at first. They were eventually successful in setting a September date over the protesters as Weir pushed on.
“Listen, you guys, I understand you have the right to protest, you are injuring these people’s rights to be able to speak under oath and you don’t represent them,” Weir said. “So I would encourage you not to interfere with these people’s rights.”
“If you want to offer your help to these people, you’re not doing it by interfering with their right to speak,” she continued.
“Come on, come on, don’t say anything,” one caller said, the plea seeming to be directed at the protesters.
Weir eventually got through the docket. She asked if any other plaintiffs were on the line. They only response she received was from the protesters.
“Judge Weir, you are complicit with every eviction you hear,” one said. “You are making people homeless during a pandemic. You are killing people. It doesn’t have to be this way. You have a choice. End evictions or people die.”
“I heard ya,” Weir said. Then she ended the call.
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