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Oklahoma State Supreme Court denies lawsuit appeal to enforce safety measures at Trump rally

Posted at 2:35 PM, Jun 16, 2020
and last updated 2020-06-19 16:26:56-04

TULSA, Okla. — The Oklahoma State Supreme Court denies a lawsuit appeal to enforce safety measures at President Donald Trump's campaign rally on Saturday.

The court says the Tulsa law firm "could not establish clear legal right to the order they were seeking," according to court records.

On Wednesday, Tulsa attorney Clark Brewster made a court appearance before the Oklahoma Supreme Court on Thursday by phone at 3 p.m., according to court records.

Earlier this week, a judge denied a lawsuit from the Tulsa law firm to enforce masks and social distancing at President Trump's rally.

Attorneys Clark Brewster and Paul DeMuro filed the lawsuit claiming the rally will endanger the public's health.

READ MORE: Stormy Daniels hires Tulsa attorney

They argued coronavirus cases in the city of Tulsa and state of Oklahoma increased since June 1. Despite the increase, the Trump rally is bringing thousands of people into an indoor arena.

"All credible, qualified medical experts agree that this type of mass-gathering indoor event creates the greatest possible risk of community-wide viral transmission," said the law firm.

The lawsuit aimed to enforce the use of face masks and social distancing for all guests and employees, abiding by the restrictions the State of Oklahoma has put in place.

Brewster & DeAngelis, PLLC released the the following statement Friday:

The Oklahoma Supreme Court declined to accept jurisdiction to decide whether to impose an injunction halting the Trump rally. Three of the Justices (Rowe, Kauger and Combs) wrote specially in concurring opinions regarding the legal effect of the CDC and Oklahoma OURS guidelines. The written concurrences expressed that such social distancing and safety measures were not issued as Governor’s or Mayor’s executive Orders and thus were discretionary upon the “business owner.”

On behalf of our clients, who as plaintiffs filed this action and sought protection from the Supreme Court of Oklahoma, we are deeply disappointed that the Court could not, amongst themselves, reach the merits of the plaintiff’s claims. Such a technical application of the law potentially leaves many citizens who participate, or who later closely associate with attendees, exposed to the COVID-19 viral spread, illness and death. No further appeals will be pursued due to the closeness of time to the start of the Trump rally.
Clark O. Brewster

The "Make America Great Again" rally is planned for Saturday, June 20 at the BOK Center with overflow audiences going to the Cox Convention Center.

The BOK Center released this statement:

BOK Center is operated on behalf of its owner, the City of Tulsa, and the Tulsa Public Facilities Authority, in accordance with applicable rules, regulations and protocols. The Oklahoma “Open Up and Recover Safely” (OURS) guidelines, under which entertainment venues reopened as of May 1, 2020, indicate that business owners or local officials should determine event configurations. Government officials have advised that the campaign rally as planned is consistent with the guidance for the OURS plan for entertainment venues, however, in the event that the governing authorities impose new restrictions, we will notify the event organizers immediately.

Trump's campaign said each person entering the arena is getting their temperature checked, and they plan to provide every person entering with masks and hand sanitizer.

Attorneys Paul DeMuro and Clark Brewster say the lawsuit was not about the president, or shutting down the rally.

"This is going to be the first massive indoor event that I'm aware of in the country where there's tens of thousands of people gathered in an indoor arena since the pandemic. The BOK Center has not even permitted events like this to take place until the end of July," DeMuro said.

They want people to remain safe in Oklahoma.

"This is a super-spreader event in downtown Tulsa and those of us who work and live within blocks and miles of this building are scared," DeMuro said.

On Monday, President Trump tweeted over one million people requested tickets for the rally.

Those who attend the event are required to sign a liability waiver, to acknowledge the COVID-19 risks.

Trump supporters are camping outside the BOK Center, hoping to be first inside on Saturday.

“It’s just an effort to show support for President Trump. It gives him fuel to continue the work that he’s doing for the American people,” Johnathan Munfo, Trump Supporter from Massachusetts said.

Watch press conference below:

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