CHARLOTTE, N.C. (AP) — An abortion protester is suing the city of Charlotte and Mecklenburg County after being arrested for exceeding a 10-person limit imposed to fight the spread of the coronavirus.

The Alliance Defending Freedom said Saturday it filed the lawsuit in federal court in Charlotte on behalf of protester David Benham and two antiabortion groups.

Benham is one of several protesters who were arrested April 4 outside A Preferred Women's Health Center in Charlotte after authorities say the protest exceeded the 10-person limit imposed under a joint proclamation by the city and Mecklenburg County.

The lawsuit accuses authorities of singling out the protesters for enforcement. It also states that the protest is outdoor activity that should be considered “essential activity” that is permitted under the rules.

Police have said that about 50 protesters were gathered at the clinic and that eight were arrested.