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Case 8;23-cv-00504 Document 1 Filed 03/20/23 Page 37 of 45 Page ID #:37 <br /> 1 146. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, <br /> 2 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement <br /> 3 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of <br /> 4 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the <br /> 5 Fourteenth Amendment to the United States Constitution. <br /> 6 147. As a direct, foreseeable, and proximate result of the imposition of the <br /> 7 discriminatory CUP Requirement in the Urgency Ordinance and. the Permanent <br /> 8 Ordinance, SOS lost the opportunity to lease, and Turner lost the opportunity to <br /> 9 purchase the Main Street Property, as well as deposits paid to the Seller to extend the <br /> 10 PSA, and SOS's patients have lost the opportunity to exercise their fundamental rights <br /> 11 of privacy and association and the right to seek health care at the expanded SOS <br /> 12 location. <br /> 13 148. 7n addition, SOS and Turner incurred fees and costs in connection with the <br /> 14 proposed purchase and remodeling of the Main Street Property which have now gone to <br /> 15 waste as a proximate result of the City's wrongful and discriminatory conduct as alleged <br /> 16 above. Such conduct has caused SOS and Turner to suffer monetary damages in an <br /> 17 amount to be determined at trial, but in no event less than $500,000. <br /> 18 149. Turner has assigned all of its claims against the City to SOS to pursue in <br /> 19 this Action. SOS has standing to assert discrimination against it based on the identities <br /> 20 of its patients for the reasons set out above. <br /> 21 150. An actual controversy has arisen and now exists between SOS and the City <br /> 22 relative to their respective rights and duties in that SOS contends that ,sections 4 and 8 of <br /> 23 the Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the <br /> 24 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void, invalid, <br /> 37 _ <br /> Complaint of Share Our Selves <br />