Laserfiche WebLink
Case 8:23-cv-00504 Document I Filed 03/20/23 Page 39 of 45 Page ID ##:39 <br /> 1 Ordinance, and the discriminatory CUP Requirement in Municipal Code § 41-313.5(p). <br /> 2 SECOND CLAIM FOR RELIEF <br /> 3 (Violation of the Fourteenth Amendment to the United States Constitution —Equal <br /> 4 Protection, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) <br /> 5 155. Plaintiff realleges and incorporates herein by reference each and every <br /> 6 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth <br /> 7 above. <br /> 8 156. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, <br /> 9 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement <br /> 10 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of <br /> 11 SOS, Turner, and SOS's patients to, equal protection of the laws as guaranteed by the <br /> 12 Fourteenth Amendment to the United States Constitution. <br /> 13 THIRD CLAIM FOR RELIEF <br /> 14 (Declaratory And Injuntive Relief For Violation of Article I, §§ 1, 1.1, 7 Of The <br /> 15 California Constitution -- Substantive Due Process, Under Cal. Code Civ. Proc. § <br /> 16 1060 & 28 U.S.C. § 2201) <br /> 17 157. Plaintiff realleges and incorporates herein by reference each and every <br /> allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth <br /> 18 <br /> above. <br /> 19 <br /> 158. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, <br /> 20 <br /> 21 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement <br /> 22 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of <br /> 23 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the <br /> California Constitution. <br /> 24 <br /> _ 39 <br /> Complaint of Share Our Selves <br />