A lawsuit against four purported Antifa members was allowed to move forward on Tuesday after a Tarrant County district judge denied the defendants’ motions to dismiss.

Benjamin Song, Meghan Grant, Christopher Guillott, and Samuel Fowlkes were all scheduled to appear before Judge Chris Taylor of the 48th District Court. The four defendants, along with multiple John Does who have yet to be identified, are accused of battery, assault, stalking, and conspiracy.

The “Antifa militia” group Elm Fork John Brown Gun Club (EFJBGC) is also listed as a defendant in the suit, which stemmed from an incident outside a “family-friendly” drag show held at Fort Brewery and Pizza on April 23. In total, there were about 15 alleged members of EFJBGC present on the day of the incident, The Post Millennial reported.

According to the suit, three members of the New Columbia Movement were protesting the drag show via prayer when Fowlkes allegedly began pepper spraying them. The lawsuit states that the plaintiffs received “immediate and painful injuries from the spray, including temporary blindness, burning in the eyes, mouth, and nose, irritation of the skin, swollen eyes, difficulty breathing and residual pain.”

Footage released by the Fort Worth Police Department shows several EFJBGC members approaching the protesters before the alleged assault, as previously reported by The Dallas Express.

Officers attempted to apprehend Fowlkes, who allegedly resisted arrest and attempted to evade officers. Guillott allegedly struck an officer in the face with an umbrella, and Grant allegedly pushed officers during the incident. Song was arrested for aggravated assault.

At Tuesday’s hearing, attorneys representing Song filed a motion to dismiss, which was denied by Judge Taylor.

Grant and Guillott both represented themselves and also requested the suit be dismissed, citing the Texas Citizens Participation Act (TCPA), claiming that the lawsuit infringes on their First Amendment rights.

However, the plaintiffs’ attorney, Tim Davis, explained that the TCPA does not apply to litigation stemming from personal injury because there is no First Amendment right to commit violence. Judge Taylor subsequently denied the defendants’ motions.

Fowlkes was not present at the hearing but had also filed a motion to dismiss, which was likewise denied by the judge.

At the end of the hearing, Judge Taylor discussed the possibility of the defendants’ liability for Davis’ legal fees. Since he did not view Grant, Guillott, and Song’s motions to dismiss as being presented in “bad faith,” the judge opted not to assess the three with Davis’ legal fees. However, he assessed Fowlkes with the fees based on his absence that day.

A temporary injunction hearing is currently scheduled for August 28.