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Case 8:23-cv-00504 Document I Filed 03/20/23 Page 36 of 45 Page 1D 1#:36 <br /> 1 possibility that this discrimination was negligent or inadvertent. <br /> 2 143. The City Council passed the Permanent Ordinance anyway, in deliberate <br /> 3 indifference to the rights of Turner, SOS, and SOS's patients, and in a manner that <br /> 4 deliberately flouted state law and impermissibly infringed on on (a) SOS's fundamental <br /> 5 right of association and its equitable interest in leasing and using the Main Street <br /> 6 Property as an expanded outpatient clinic; (b) Turner's fundamental right of association <br /> 7 and its equitable interest in purchasing the Main Street Property pursuant to the PSA, <br /> S and leasing it to SOS; and (c)the fundamental rights of SOS's homeless, low income, <br /> 9 immigrant, and Latino patients to pursue their fundamental rights of privacy and <br /> 10 association, and the right to seek health care from an organization willing to provide it, <br /> 11 including the right to seek reproductive health care. <br /> 12 144. SOS is a government-subsidized, not-for-profit, and philanthropic entity <br /> 13 that wishes to operate a medical office in the City's P District, but has been thwarted by <br /> 14 the City's actions, the Urgency Ordinance, and the Permanent Ordinance, as set forth <br /> 15 above. <br /> 16 145. Turner and SOS had a contractual, equitable, and constitutionally protected <br /> 17 fundamental right to purchase, lease, and use the Main Street Property "by right" for <br /> 18 medical office use, according to the same laws applicable to other similarly situated <br /> 19 persons, including the right not to be discriminated against on the basis of the City's <br /> 20 animus toward people who are homeless, low-income, immigrant, and Latino and those <br /> 21 who provide these individuals with health care. Since other similarly situated entities <br /> 22 were allowed to use property in the P District for medical offices as a matter of right, <br /> 23 that right could not be constitutionally denied to Turner and SOS based on a violation of <br /> 24 fundamental constitutional rights and impermissible personal and group animus. <br /> 36 <br /> Complaint of Share Our Selves <br />