A recent ruling from the Supreme Court seems to support their argument:
Helping the NAA's case is a U.S. Supreme Court decision in the Cedar Point Nursery case handed down in June. That decision found that a California law requiring employers to give union organizers access to their property was a taking, and thus entitled those employers to compensation."The Supreme Court gave a big boon to challenges to these moratoria on Takings Clause grounds," said Blevins. "All you have to show is that the government has authorized a temporary invasion of private property and this really does look like that. The CDC moratorium, even though it's temporary, requires landlords to allow a tenant who's in breach of the lease agreement because of nonpayment to occupy the premises."
There's going to be a lot of demand for U-Haul trucks this weekend.