Case docket
American Association of Political Consultants v. U.S. Small Business Administration — D.D.C., No. 1:20-cv-00970-RCL
American Association of Political Consultants, et al. v. U.S. Small Business Administration, et al. — 6 court filings in the archive from U.S. District Court for the District of Columbia, filed between April 13, 2020 and April 21, 2020. Among them: 1 complaint and 1 order.
Case facts
| Court | U.S. District Court for the District of Columbia |
|---|---|
| Filings | 6 public filings |
| Filed | 2020-04-13 – 2020-04-21 |
| Document types | complaint (1), order (1) |
| Original PDFs | 6 of 6 |
Case summary
The American Association of Political Consultants, on behalf of its members, and Ridder/Braden, Inc. brought this action for declaratory and injunctive relief in the U.S. District Court for the District of Columbia, No. 1:20-cv-00970-RCL, against the Small Business Administration and Administrator Jovita Carranza in her official capacity. The first amended verified complaint challenges 13 C.F.R. § 120.110(r), which it calls the Political Speech Prohibition, under which businesses primarily engaged in political or lobbying activities are ineligible for Paycheck Protection Program loans, as a violation of the First Amendment and of equal protection principles in the Fifth Amendment's Due Process Clause. After argument by teleconference on April 20, 2020, the court denied the plaintiffs' motions for a temporary restraining order and a preliminary injunction on April 21, 2020.
Case at a glance
| Parties | Plaintiffs: American Association of Political Consultants, on behalf of its members, and Ridder/Braden, Inc. Defendants: United States Small Business Administration and Jovita Carranza, in her official capacity as Administrator of the SBA |
|---|---|
| Court and docket | U.S. District Court for the District of Columbia, Civil Case No. 20-970 (1:20-cv-00970-RCL), Judge Royce C. Lamberth |
| Program | Paycheck Protection Program (PPP) under section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136; the opinion records that the Act provided the SBA with $349 billion |
| Claims | That 13 C.F.R. § 120.110(r), making businesses primarily engaged in political or lobbying activities ineligible for SBA loans, violates the First Amendment as an unconstitutional restriction on political speech and the equal protection principles contained in the Fifth Amendment's Due Process Clause; the complaint seeks declaratory and injunctive relief |
| Disposition or status | Injunctive relief denied. In an order of April 21, 2020 accompanying a memorandum opinion, the court denied the plaintiffs' motions for an emergency temporary restraining order and a preliminary injunction. No later filing is on this page |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What did the court decide?
It denied the motions for a temporary restraining order and a preliminary injunction. The memorandum opinion records that the court heard oral argument by teleconference on April 20, 2020, that the defendants argued the regulation is constitutional and that the plaintiffs had failed to make the requisite showing for injunctive relief, and that the regulation is twenty-four years old and, to the court's knowledge, had not previously been challenged on these grounds.
What does the complaint allege?
That the CARES Act provided relief to small businesses through the PPP with some loans eligible for forgiveness, but that under 13 C.F.R. § 120.110(r) businesses primarily engaged in political or lobbying activities are ineligible for PPP loans, and that denying such relief on the basis of political or civic involvement violates free speech and equal protection.
What else is on this page?
Exhibits A to F to the motion for a preliminary injunction, including the SBA's interim final rule on temporary changes to the business loan program for the Paycheck Protection Program, Docket No. SBA-2020-0015, and the defendants' memorandum of April 17, 2020 in opposition to a preliminary injunction.
Summary written from the documents on this page; every sentence is sourced.
Filings
6 public filings from this case, in filing-date order.
- Court — American Association of Political Consultants v. U.S. Small Business Administration (Dkt. 2, D.D.C.)Dkt. 2 · PDF
- Court — American Association of Political Consultants v. U.S. Small Business Administration (Dkt. 7, D.D.C.)Dkt. 7 · PDF
- First Amended Verified Complaint — American Association of Political Consultants v. SBA (D.D.C.)Complaint · PDF
- Defendant's Memorandum in Opposition to Preliminary Injunction — AAPC v. SBA (D.D.C.)PDF
- Memorandum Opinion — American Association of Political Consultants v. U.S. Small Business AdministrationPDF
- Order — American Association of Political Consultants v. U.S. Small Business Administration (D.D.C.)Order
Court, dates and docket numbers are as recorded on the filings.