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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 40 of 45 Page 1D #:40 <br /> 1 FOURTH CLAIM FOR RELIEF <br /> 2 (Violation of the Article I, §§ 1, 1.1, & 7 Of The California Constitution —Equal <br /> 3 Protection, Under Cal. Code of Civ. Proc. § 1060 & 28 U.S.C. § 2201.) <br /> 4 159. Plaintiff realleges and incorporates herein by reference each and every <br /> 5 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth <br /> 6 above. <br /> 7 160. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, <br /> 8 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement <br /> 9 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of <br /> 10 SOS, Turner, and SOS's patients to, equal protection of the law as guaranteed by the <br /> 11 California Constitution. <br /> 12 FIFTH CLAIM FOR RELIEF <br /> 13 (Supremacy Clause and State Law Preemption 28 U.S.C. §§ 1331 & 2201) <br /> 14 161. 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 /> 15 <br /> above. <br /> 16 <br /> 162. By openly discriminating against FQHCs, like SOS, section 4 and 8 of the <br /> 17 <br /> Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the <br /> 18 <br /> 19 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) stand as an obstacle <br /> 20 to the accomplishment and execution of the full purposes and objectives of Congress. <br /> 21 163. More specifically, as an FQHC, SOS is funded by the United States <br /> 22 government to provide health care services to medically underserved populations. <br /> 23 FQHCs were established by Congress in 42 U.S.C. § 1395x, and are funded by grants <br /> 24 under 42 U.S.C. § 254b. Section 254b specifically allows for grants that take into <br /> _ 40 <br /> Complaint of Share Our Selves <br />