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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page M of 45 Page f D#:38 <br /> 1 and unenforceable, both on their face and as applied to SOS, for the reasons set forth <br /> 2 above, and. the City disputes these contentions and contends that the Urgency Ordinance <br /> 3 and Permanent Ordinance, and section 41-135.5(p) are valid, enforceable, and in full <br /> 4 force and effect. <br /> 5 151. SOS desires a declaration as to the validity of sections 4 and 8 of the <br /> 6 Urgency Ordinance (to the extent such Ordinance is still in effect), ,sections 9 and 16 of <br /> 7 the Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code <br /> 8 § 41-313.5(p), both on their face and as applied to SOS's intended operation of a <br /> 9 Medical Office in the P District. A judicial declaration is necessary and appropriate at <br /> 10 this time so that SOS may ascertain its rights and duties with regard to operating a <br /> 11 Medical Office in the P District. Without such a declaration, it will be impossible for <br /> 12 SOS to obtain a lease or purchase of property in the P District for the establishment of a <br /> 13 Medical Office. <br /> 14 152. In addition, SOS is without an adequate remedy at law, because the <br /> 15 violations of constitutional rights that it and its patients have suffered and continue to <br /> 16 suffer cannot be adequately compensated by money damages. <br /> 17 153. Injunctive relief is necessary and appropriate to prevent the City from <br /> 18 continuing to violate the U.S. Constitution. Unless enjoined and restrained by this <br /> 19 Court, the City will continue to make it impossible for SOS to obtain an expanded <br /> 20 outpatient clinic in the P District to better serve its patients. <br /> 21 154. Accordingly, as a result of the City's violation of the constitutional rights <br /> 22 alleged above, SOS is entitled to ancillary temporary, preliminary, and permanent <br /> 23 injunctive relief enjoining the Defendants from applying, implementing, and enforcing <br /> 24 sections 4 and 8 in the Urgency Ordinance, sections 9 and 16 in the Permanent <br /> _ 38 <br /> Complaint of Share Our Selves <br />