An association representing political consultants is asking the D.C. District Court of Appeals to take up its lawsuit to expand federal disaster assistance for the COVID-19 pandemic to lobbying firms and consultants, the news site Law360 reported Wednesday.

The American Association of Political Consultants made the request a day after a U.S. District judge declined to issue a temporary restraining order against the Small Business Administration. The association claims the Trump administration is illegally banning businesses primarily engaged in lobbying and political activities from the Paycheck Protection Program, through which SBA issues forgivable loans to small businesses harmed by the pandemic.

In a statement to Law360, attorney Jason Torchinsky, who is representing AAPC, said "small businesses cannot wait while the government plays favorites."

An SBA spokesperson declined to comment on the litigation.

AAPC claims the agency is violating its members' free speech rights and equal protection principles under the Fifth Amendment. However, in denying a temporary restraining order, U.S. District Judge Royce C. Lamberth noted the law allowing the loans had never been challenged in its 25-year history. He also raised doubts as to whether the association had established injury, which is needed to seek relief from the courts.

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