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A judge on Tuesday denied an emergency motion to stop President Donald Trump’s campaign rally in Tulsa, Oklahoma, on Saturday.

The decision came after local lawyers asked the court to block the event unless organizers agreed to take steps to adhere to the administration’s own social distancing recommendations to limit the spread of coronavirus. Paul DeMuro, one of the attorneys on the lawsuit trying to block the rally, said that — despite the emergency motion to block the rally being denied — the case will head to the state Supreme Court.

“The lawsuit is still intact and moving forward,” DeMuro told CNN. “We will continue to fight in the Oklahoma Supreme Court.”

Visit CNN’s Election Center for full coverage of the 2020 race Citing Tulsa health department statistics showing that the highest new coronavirus case count occurred this Monday, the lawyers are suing the parent company of the Bank of Oklahoma Center, the venue slated to host the rally, alleging “despite this alarming uptick in COVID-19 infections in Tulsa County, ASM Global plans to bring tens of thousands of people into an enclosed arena in downtown Tulsa for a political rally on June 20, 2020 … without putting precautions in place to prevent the spread of the virus.”

“As currently planned, the Rally will endanger not only the health of the guests in attendance, but the entire Tulsa community and any community to which the guests may afterward travel. If ASM Global moves forward with the Rally without adequate review, planning, training, protective equipment, and safeguards, cases of COVID-19—and the unavoidable attendant deaths—will rise,” the petition states.

DeMuro told CNN that the decision to sue to stop the rally was not political.

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