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Case 8:23-cv-00504 Document 1-4 Filed 03I20123 Page 7 of 10 Page ID #:149 public hearing. As such, the Ordinance violates the equal protection clauses of both the U.S. and California Constitutions to the extent that it discriminates between similarly- situated medical offices (for-profit and non-profit) for the illegitimate purpose of regulating how, when, and where non-profit FQHC's, like SOS, can serve poor and homeless minority clients. 2. The Ordinance's unequal treatment of for-profit and non-profit medical offices clearly shows that the ordinance improperly targets the client base served by non-profit entities like SOS. A neutral law found to have a disproportionately adverse effect upon a minority classification will be deemed unconstitutional if that impact can be traced to a discriminatory purpose, i.e., an intent to discriminate against a. particular individual or class of individuals. Discrimination that involves a suspect class requires the City to show a compelling governmental interest to justify such action and the Ordinance points to no such interest. 3. City staff has publicly reported to the Council that the reason for requiring a non- profit medical office to obtain a CUP is so that the City can "ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods." Obviously, the City does not feel that for- profit medical offices raise the same kinds of concerns and thus such businesses do not need to apply for a CUP. The clear implication, therefore, is that non-profit medical offices tend to attract a certain type of"clientele" that the City views as not being "compatible"with "character" of surrounding neighborhoods. That implication has racial and ethnic overtones, considering that the clients that would potentially be served by SUS at the new location in Santa Ana would be mainly persons identifying as Hispanic/Latino; African-American, or other ethnic minorities. Those overtones, in turn, would constitute invidious discrimination in violation of the U.S. and California Constitutions, 4. As a community health center, SOS is one of the intended beneficiaries of a multi-million, multi-year grant from the U.S. Department of Health and Human Services, Office of Minority Health for"Advancing Health Literacy to Enhance Equitable Community Responses to COVID-10." The City also receives funds from the federal government relating to various federal programs, including, but not limited to, the Community Development Block Grant Program, and the Home Investment Partnerships Program. The express terms of these federal grants, as well as other federal laws, including 42 USC §2000d ("Title VI") and the Civil Rights Remedies Equalization Act Share Our Selves 6 1 p a g e