The judge in the Butler County-led federal lawsuit challenging Gov. Tom Wolf's business shutdown and stay-at-home orders should consider that events such as county fairs, the Saxonburg Carnival and a campaign visit by President Donald Trump to Gettysburg were canceled due to Wolf's executive orders intended to slow the spread of COVID-19, an attorney for the plaintiffs said.

Butler attorney Tom King, of Dillon McCandless King Coulter and Graham, filed a motion Tuesday asking U.S. District Judge William Stickman IV to consider those cancellations as well as events that were allowed to proceed.

It was one of several motions filed in support of arguments made in the case at a hearing in July.

The motion King filed Tuesday on behalf of Butler, Fayette, Greene and Washington counties, four Republican lawmakers and several small businesses in those counties asks the judge to take judicial notice of adjudicative facts, including that Trump canceled plans to make a speech accepting the Republican Party nomination for a second term in office from the Gettysburg Battlefield due to Wolf's restriction limiting outdoor gatherings to 250 people.

In addition, the judge should consider that the Corvettes at Carlisle car show starting Thursday at the Carlisle Fairgrounds in Cumberland County is being advertised as the world's largest Corvette show and is expected to attract thousands of cars and automotive enthusiasts.

A spring car show at those same fairgrounds was allowed to have up to 20,000 people attend under an agreement event organizers had with the state Department of Health.

“They're doing another one that starts Thursday,” King said.

Kennywood Park in Allegheny County and Hershey Park in Dauphin County are allowed to operate and exceed the 250-person limit, according to the motion.

The judge should also consider that the Pennsylvania Interscholastic Athletic Association is prohibiting spectators, including parents, from attending school athletic events; state Rep. Aaron Bernstine, R-10th, co-sponsored a bill that would allow companies in the event industry to operate at 50 percent capacity; and the Butler, Fayette, Greene and Washington county fairs and the Saxonburg Carnival were canceled.

On Monday, King filed his third brief in response to Wolf's motion to dismiss the suit.

Wolf's motion argues that the end of the waiver program, in which businesses could apply to be open during the shutdown, and the reopening of the state makes the county case moot. “Nothing could be further from the truth,” King said.

The brief argues that the suit should not be dismissed because Wolf can reinstate COVID-19 restrictions as his emergency declaration remains in place.

The brief includes a quote from hearing testimony from Sam Robinson, Wolf's deputy chief of staff.

The quote reads: “It is the case that — it is the case that the governor continues to have a disaster declaration in place; and based on the course and development of the virus, that certain restrictions could be put back in place. But anything beyond that would be speculative, and I think that I would say that, ultimately, obviously the governor retains those authorities under state law, has been upheld by numerous courts at this time, but that we do not have specific plans to reinstate those phases of the reopening at this time, and it's not been discussed.”