CHARLOTTESVILLE, Va. (WVIR) - The man who wants to hold another white nationalist rally in Charlottesville is now suing the city.

Jason Kessler is vowing to hold another Unite the Right rally in Emancipation Park on the anniversary of last summer’s deadly violence.

The lawsuit stems from Charlottesville City Hall's denial back in December of Jason Kessler's permit request to hold another Unite the Right rally on August 11 and 12.

Kessler's permit was denied, along with a handful of other requests for that same weekend.

In the federal lawsuit, Kessler claims the city and city manager are denying his First and 14th Amendment rights in the U.S. Constitution.

Last August, Kessler and others attempted to rally in Emancipation Park. Police declared an unlawful assembly about 30 minutes before it was supposed to start due to violence.

The Rutherford Institute isn't a part of this lawsuit, but it says the city has options.

"What you're going to see here is that the city's gonna have to present evidence why it can't allow this,” says John Whitehead of the Rutherford Institute. “The answer is prove a clear and present danger why Kessler can't exercise his First Amendment right and the police, in my opinion, probably before the court will have to demonstrate why they can't protect these demonstrating."

Elmer Woodard is representing Kessler in this legal matter. Woodard has represented a number of white supremacists including the so-called "Crying Nazi" Christopher Cantwell.

Kessler had no comment to make on Wednesday, Mach 7, and his attorney hasn't returned a message.

The city isn't commenting on the lawsuit either, and City Councilors are also quiet likely because last time some of their comments were used against them during a federal court hearing the day before the rally.