On Rosemary Williams' Birthday, Friends and Neighbors Pack Housing Court; Trial Postponed

(Video is from 4/22 press conference and hearing) After receiving an eviction notice taped to her door last week at the end of the six month redemption period on her foreclosed home, Rosemary Williams showed up at Housing Court at the Hennepin County Government Center Wednesday morning - along with about 50 of her friends and neighbors.

As the defendant at the preliminary hearing, Rosemary was represented by Jordan Kushner and Bruce Nestor of the National Lawyers Guild, who prepared to argue that in addition to disputing some facts of the complaint against her, the eviction would cause a public nuisance to the community and should therefore not be permitted to continue.   This experimental legal defense was met with skepticism by the housing court referee - but a trial was scheduled to begin Tuesday, April 28 at 9am at the HCGC.  The trial has since been rescheduled for May 26.

The plaintiff, GMAC Mortgage LLC, was represented by attorney Robert Williams. The attorney was forced to make his case opposite two seasoned lawyers and about 50 supporters who crowded the courtroom, standing in the aisle and outside the door along with other landlords, attorneys and residents due to appear in court later in the morning.

For the unique defense, organizers from the Poor People's Economic Human Rights campaign had solicited dozens of signed statements from area residents and organizations testifying that the eviction would constitute nuisance due to the large number of foreclosed homes in the surrounding area and the stability that Rosemary's presence has provided to neighborhood relations for the last 55 years.  At a press conference before the hearing, activists from PPEHRC, the MN Coalition for a People's Bailout, the Central Area Neighborhood Development Association (CANDO), and other groups spoke to this effect and displayed photos of what other foreclosed homes on the block have become.

When it came time to bring up the nuisance argument, attorney Kushner was met with resistance from the housing court referee, who pointed out that hearings such as this are intended for speedy resolution, and the motion may be better suited for District Court. "I understand that the scope of housing court is very narrow, in order to make it easy for landlords to take the property," Kushner replied.  He drew a comparison to discrimination statutes as a similar situation that the housing court has in the past addressed on its own.

"You're not going to be foreclosed from arguing that in front of the judge," the referee said.

Organizers made a final effort to reach out to neighbors on Wednesday night and Thursday, so that as many statements as possible can be included in the discovery for the case due on Friday.  Volunteers can show up at the PPEHRC office at Sabathani Community Center, 310 E 38th Street.

Last Saturday, about 60 people showed up at Sabathani for a civil disobedience training in anticipation of the trial's possible outcome.  If Rosemary loses the case, plaintiff attorney Williams stated that he will argue for a writ forcing her eviction within 24 hours.  If that happens, Rosemary's home will be out of the hands of the courts and thrown into the forces of the political climate.

The friends and neighbors who sang "Happy Birthday" to Rosemary in the courthouse lobby show no signs of allowing an eviction to occur.

Related from Twin Cities Daily Planet: Birthday Eviction Hearing for Minneapolis Woman