Lorena Cason, a single mother with two children, came to the Toledo Legal Aid Society on the day the Supreme Court left a federal eviction moratorium intact in Washington.

It was her last resort. She was subject the next day to physical removal from her home, because Toledo followed an earlier ruling by the U.S. Sixth Circuit Court of Appeals that lifted the Centers for Disease Control and Prevention’s eviction moratorium.

Her defense lawyers hoped that because her situation was similar to the matter brought before the Supreme Court, Toledo Municipal Court Judge Joseph Howe would uphold the eviction moratorium locally and allow Ms. Cason to keep her home. But Judge Howe disagreed, writing in his decision that the Supreme Court was acting in its capacity to assist the District of Columbia Circuit appeals court, not establishing a nationwide ruling.

“[Ms. Cason] and her two children would be homeless,” Alicia Kingston, staff attorney for Legal Aid of Western Ohio, said of the consequences of the eviction moratorium continuing to be lifted. Ms. Kingston plans to appeal.

Toledo Housing Court stopped honoring the federal eviction moratorium in late March after the Sixth Circuit ruled the CDC lacked authority to implement the stay on evictions. While some hoped the Supreme Court’s ruling would overturn that decision, Judge Howe told The Blade that its ruling Tuesday did not apply to cases arising outside of the D.C. Circuit.

“That case was not overruled or touched or even discussed by the Ohio Supreme Court,” he said, adding that there are no new ramifications for Toledo residents pertaining to the Supreme Court’s decision.

Ms. Kingston and others at Legal Aid, however, are urging the public to file a CDC declaration if they think that the moratorium applies to their situation and to contact Legal Aid if the court or their landlord chooses not to enforce it.

“We’re looking at strategies for a broader approach, but we haven’t made any decisions yet,” said Veronica Martinez, managing attorney for Legal Aid of Western Ohio said.

It’s not just defense lawyers who are strategizing. Douglas Wilkins, a lawyer representing multiple landlords in housing court, continued one of his cases until after July 31, the date when the federal moratorium is now set to expire so as to avoid any potential defense appeals.

On a call with The Blade, Mr. Wilkins later explained that because it is difficult to get cases dismissed once an appeal is filed, he and his client decided that it would be best to “prevail without a battle.”

“That’s what my client and I decided to do, and I thought it was a smart decision,” he added.

Before the hearing, however, Mr. Wilkins was slightly less restrained — he walked into the courtroom, threw up his hands, and announced, “Well, the moratorium is back.”

First Published July 2, 2021, 1:02 p.m.