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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 34 of 45 Page ID #:34 <br /> 1 compelling state interest. Indeed, the requirement is arbitrary and not rationally related <br /> 2 to any legitimate governmental purpose. There is no reasonable basis for discriminating <br /> 3 between Medical Offices operated by Non-Profit Entities and Medical Offices operated <br /> 4 by For-Profit Entities. <br /> 5 135. Instead, the CUP Requirement and the related discriminatory conduct by <br /> 6 the City against Non-Profit Entities and the patients they serve are based solely on <br /> 7 personal and group animus against, and malicious intent towards, people who are <br /> 8 homeless, low-income, immigrant, and Latina, as well as against those organizations <br /> 9 that would provide healthcare and other services to these groups of people. <br /> 10 136. Indeed, the respective administrative records for the Ordinances do not <br /> 11 contain any explanation or evidence whatsoever to justify imposing the CUP <br /> 12 Requirement on Non-Profit Entities, but not imposing it on other entities. <br /> 13 137. As a pretextual justification for the discriminatory CUP requirement, the <br /> 14 City's Staff Reports for the Urgency Ordinance and Permanent Ordinance falsely stated <br /> 15 that the zoning provisions for the P District "[did] not currently permit medical uses <br /> 16 operated by government, government subsidized, not-for-profit, or philanthropic <br /> 17 entities." This is untrue. <br /> 18 138. Prior to the adoption of the Urgency Ordinance and the Permanent <br /> 19 Ordinance, the City's Zoning Code allowed Medical Offices in the P District, without <br /> 20 any restrictions or requirements regarding the type of entities that were permitted to <br /> 21 operate those Medical Offices. Indeed, the Hurtt Family Health Clinic, which is a <br /> 22 FQHC, and the St. Joseph Heritage Health Group are prime examples of Non-Profit <br /> 23 Entities that have operated Medical Offices in the P District for many years without <br /> 24 having to obtain a CUP or any other discretionary permit to conduct their operations in <br /> 3 4- _ <br /> Complaint of Share Our Selves T <br />