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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 42 of 45 Page [D#:42 <br /> 1 167. Both on their face, and as applied to SOS, sections 4 and. 8 of the Urgency <br /> 2 Ordinance, sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP <br /> 3 Requirement in Municipal Code § 41-313.5(p) interfere and directly conflict with <br /> 4 Congress's full purpose and objections set forth in §§ 1395x and 254b (as well as the <br /> 5 legislative policy against source of payment discrimination), by placing burdens on <br /> 6 FQHCs that do not apply to private health care providers, because FQHCs are funded by <br /> 7 the government, and because they provide services to homeless and high poverty <br /> 8 populations. <br /> 9 168. Congress had particular purposes and objectives in mind in creating and <br /> 10 funding FQHCs, including the provision of health care to the very populations that the <br /> 11 City is attempting to discriminate against in the Urgency Ordinance and the Permanent <br /> 12 Ordinance. Leaving sections 4 and 8 of the Urgency Ordinance, sections 9 and 16 of the <br /> 13 Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code § <br /> 14 41-313.5(p) in place would compromise those objectives. Furthermore, there is no <br /> 15 reason to believe that Congress anticipated that cities would enact zoning ordinances <br /> 16 expressly discriminating against FQHCs or would be content to let such direct and <br /> 17 intentional interference with its purposes remain in place. <br /> 18 169. By virtue of this conflict with federal and state law sections 4. and 8 of the <br /> 19 Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the <br /> 20 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void in that they <br /> 21 violate the Supremacy Clause in the United States Constitution, and California law. <br /> 22 SIXTH CLAIM FOR RELIEF <br /> 23 (Petition For Writ Of Mandate Under Cal. Code Civ. Proc. § 1085, FRCP Rule .) <br /> 24 170. Plaintiff realleges and incorporates herein by reference each and every <br /> 42 <br /> Complaint of Share Our Selves <br />