The filing said that the ACLU was trying to substitute a federal court for “for the democratically elected representatives of the people of the City of St. Louis,” a notion it says has been “repeatedly rejected” by the U.S. Supreme Court in other cases.

The motion, like police witnesses in hearings in 2017, denies police misbehavior. It says that pepper spray was not routinely used and that police took action only to clear streets, rescue officers caught in crowds or defend St. Louis Mayor Lyda Krewson’s house during one protest.

“We’ll be responding, but we see the case differently, of course,” said Tony Rothert, legal director of the ACLU of Missouri. He said some type of motion trying to dismiss a case was common when both sides were nearing the end of exchanging evidence.

Perry ordered the ACLU and the city into mediation, but Rothert said there had not yet been any resolution.