By Nathan Hale

Law360 (July 10, 2020, 6:33 PM EDT) -- With COVID-19 cases skyrocketing in Florida, seven Jacksonville residents and business operators have asked a state court to block or significantly restrict plans to hold the Republican National Convention at the city's VyStar Veterans Memorial Arena in August, saying a large crowded event would threaten their health, welfare and property rights.

The plaintiffs — who include two lawyers, a pastor and owners of a barbershop and a hair salon within the "convention zone" around the arena — asked the state circuit court in a complaint filed Wednesday either to order that the arena remain closed, as it has been for months during the pandemic, or to limit attendance to 2,500 people, one-sixth of its capacity, and require precautions such as social distancing, frequent disinfecting and mask-wearing to help reduce the spread of the disease.

"Unless restricted by the court, the congregation of thousands of people in close proximity for extended periods of time will constitute a nuisance and result in massive spread of COVID-19 among the persons in attendance and throughout the city of Jacksonville and northeast Florida and interfere in plaintiffs' use and enjoyment of their property and right to be free of infliction of disease and death," they say.

The plaintiffs — Dexter V. Davis, Thomas A. Delegal III, Curtis L. Booker Sr., Albert L. Buckner III, Jack Meeks, Dana Miller and Robin Wallace — filed the suit on behalf of the state of Florida, which the complaint says any citizen can do under state law to stop the creation of a nuisance — defined as anything that "tends to annoy the community [or] injure the health of the community."

The complaint names the city of Jacksonville, arena operator ASM Global Parent Inc., the Republican National Committee and President Donald Trump's reelection campaign as defendants.

The campaign and the RNC originally planned to hold the Aug. 24-27 convention in Charlotte, North Carolina, but moved a portion of the event, including Trump's speech to accept the party's nomination, to Jacksonville after North Carolina's governor would not commit to allowing a full capacity crowd without social distancing and other precautions, the complaint says.

The Republican Party of Duval County, where Jacksonville is located, has said it expects 12,000 to 15,000 people inside the VyStar Arena, including delegates from all 50 states, the complaint says. Thousands of volunteers are also being recruited, according to the complaint.

The suit also cites Trump's repeated refusal to wear a mask in public — a practice he continued Friday during a visit to Miami despite high numbers of new cases in the area — and photos of Vice President Mike Pence not practicing social distancing with campaign workers. It also references recent rallies the president has held in Tulsa, Oklahoma, and Tucson, Arizona, along with events over the July 4 weekend where attendees were congregated close together and few were wearing masks.

The plaintiffs say the RNC and Trump campaign took steps to protect themselves by making attendees of the Tucson rally waive the right to claim liability in the event they got infected with COVID-19 there, but that does not waive the rights or ameliorate the harm to health care providers, restaurant and hotel workers, and residents and essential workers in the surrounding neighborhood who come into contact with event attendees and get infected.

Booker, the pastor of God's Way Living International Church, and Miller, who runs Man Cave Barber Shop, both say they would have to close during the convention because they are near VyStar Arena.

"This action is brought to protect the interests of plaintiffs and the public and is not a political matter," the plaintiffs say.

"The National Convention envisioned by Mr. Trump and defendant will result in a previously unprecedented super spreader event," they added, again predicting a high number of infections in both attendees and people nearby.

The RNC expressed confidence Friday that it can hold a safe event that it said will "fully comply with local heath regulations in place at the time."

"The event is still almost two months away, and we are planning to offer health precautions including but not limited to temperature checks, available PPE, aggressive sanitizing protocols, and available COVID-19 testing. We have a great working relationship with local leadership in Jacksonville and the state of Florida, and we will continue to coordinate with them in the months ahead," RNC spokesperson Mike Reed said in a statement sent to Law360.

Representatives for the Trump campaign, the city, the arena operator and the state did not immediately respond to requests for comment on the suit. Counsel for the plaintiffs declined to comment beyond the complaint.

The complaint also suggests that the open-air TIAA Bank Field, home of the NFL's Jacksonville Jaguars, could provide a safer alternative venue. The stadium is a few blocks from VyStar Arena and could seat 12,000 to 15,000 people while maintaining social distancing and fresh airflow, which health experts have said helps reduce the risk of infection.

"However, President Trump has made it clear that he wants an indoor, enthusiastic 'packed house,'" the complaint says. "This creates a public image and personal gratification desire by Mr. Trump."

The plaintiffs are represented by William C. Gentry, C. Rufus Pennington III, James C. Blecke of The Haggard Law Firm and Craig A. Gibbs.

Counsel information for the defendants was not immediately available.

The case is Florida ex. rel. Davis et al. v. City of Jacksonville et al., case number 16-2020-CA-3854, in the Fourth Judicial Circuit of the State of Florida.

--Editing by Brian Baresch.

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