By Katie Buehler

Law360 (July 21, 2020, 10:54 PM EDT ) The Fifth Circuit has stayed a Texas federal judge's order requiring Houston to hold the Texas Republican Party's canceled in-person biennial convention at a rescheduled date as the city experiences a surge of COVID-19 cases.

Over the weekend, the appellate court granted Houston Mayor Sylvester Turner and convention center operator Houston First Corp.'s stay request as they appeal U.S. District Judge Lynn N. Hughes' Friday order requiring the city to hold the convention on new dates. The convention was scheduled to start July 16, but Houston First canceled at the last minute, invoking the force majeure clause in its contract with the party.

In a scathing opinion, Judge Hughes called Turner's and Houston First's decision to cancel the contract "raw political sabotage." Turner, a Democrat, is not a party to the contract, but had a hand in the cancellation decision, according to court documents.

"The meeting is not a classic-car show nor a quilting exhibition," the judge said. "The Texas Election Code requires it – and requires it now. … Administering the rules in favor of your friends or having no genuine rationale for applications is arbitrary."

Judge Hughes had ordered that the convention be held July 18, 19, and 24. In the meantime, the Republican Party had held a virtual convention after a July 13 decision by the party's executive committee. According to the party's website, the virtual convention was adjourned Monday.

In a petition filed Friday, Turner and Houston First urged the Fifth Circuit to overturn Judge Hughes' order, saying the party and its former chairman James D. Dickey "have five times sought and been refused, in both state and federal court, the same relief requested here based upon the same claims asserted here, including after evidentiary hearings and a trip to the Texas Supreme Court."

Jared Ryker Woodfill of Woodfill Law Firm PC, representing the Republican Party and Dickey, told Law360 in a statement Tuesday that Turner used his office to quash the party's free speech rights under the guise of public safety.

"Judge Hughes rightfully concluded that Mayor Turner worked to cancel the license to the Republican Party under the guise of public safety based off twisted readings of the governor's orders in violation of my clients' rights under the First and Fourteenth Amendments," Woodfill said. "As Judge Hughes concluded, the mayor ran a campaign to disrupt the Republican Party of Texas Convention."

Woodfill alleged that Turner's true goal in canceling the convention was to "create chaos for the Republican Party in an effort to help turn Texas blue and impact the presidential race in favor of his party."

Turner tweeted about the stay on Saturday, saying "in the middle of a pandemic, the doors remain locked." His office did not immediately respond to requests for comment Tuesday.

Houston First Chairman David Mincberg in a statement praised the Fifth Circuit's stay as a way to "potentially save lives."

"As the city of Houston battles with the current spike in COVID-19 cases, now is not the time to risk the health of workers nor attendees of the convention by hosting an in-person convention. While we recognize the critical importance of conducting in-person business, HFC, in this specific case, took the responsible course of action and canceled the convention based on guidance of medical professionals including the city of Houston's Health Authority, Dr. David Persse that holding an in-person convention is a clear and present danger," he said.

Before Turner and Houston First were brought into this federal case, the two faced a state court injunction request by the party after Houston First on July 8 terminated the convention agreement by invoking its force majeure clause, citing "the unprecedented scope and severity of the COVID-19 epidemic in Houston."

The next day, the Republican Party filed for and was denied injunctive relief that would allow the convention to continue as planned. So on July 10, the party petitioned the Texas Supreme Court, requesting a mandamus directing the city of Houston and Houston First to perform their obligations in connection with the convention.

In a per curiam opinion issued July 13, the Texas Supreme Court ruled that it couldn't compel Houston or Houston First to hold the in-person convention because Houston's duty to hold the conference was one under contract, not law.

Following the Texas Supreme Court's decision, Dr. Steven Hotze, a conservative activist, added Turner and Houston First to his 1,300-plus plaintiff federal suit against Texas Gov. Greg Abbott, which originally focused on the constitutionality of contract tracing. This is the case Turner and Houston First are appealing.

Turner is represented by Ronald C. Lewis, Suzanne Chauvin and Collyn A. Peddie of the city of Houston's legal department.

Houston First is represented by Gregory Arthur Holloway and Michael Patrick Morris of Tekell Book Allen Morris LLP.

Abbott and the state of Texas defendants are represented by Todd Dickerson and Emily Laura Ardolino of the Texas Attorney General's Office.

The party and Hotze is represented by Jared Ryker Woodfill of Woodfill Law Firm PC.

The case is In re Mayor Sylvester Turner et al., case number 20-20379, in the U.S. Court of Appeals for the Fifth Circuit.

--Editing by Peter Rozovsky.

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