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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 14 of 45 Page ID#:14 <br /> 1 ethnicities,whereas the latter are not likely to be visited by such persons. <br /> 2 44. Because this invidious belief on the part of the City was unquestionably a <br /> 3 motivating factor in adopting the Ordinances and treating Non-Profit Entities, and their <br /> 4 patients, in an arbitrary, discriminatory, and unreasonable manner by (a) depriving them <br /> 5 of the unfettered "right" and benefits enjoyed by For-Profit Entities to freely operate <br /> 6 Medical Offices in the P District and (b) subjecting them to a burdensome and <br /> 7 discretionary CUP process with no guaranteed outcome, the Ordinances are unlawful <br /> 8 and invalid, both facially and as applied, under, inter alia, the U.S. and California <br /> 9 Constitutions. <br /> 10 45. Indeed, there is no compelling governmental interest, much less any <br /> 11 rational basis, for subjecting Non-Profit Entities, and their patients, to such blatant <br /> 12 discrimination, particularly when such discriminatory treatment is intentionally aimed <br /> 13 at, and will have a disparate impact on, protected classes of individuals, i.e., poor <br /> 14 persons of Latino descent whose national origin is the U.S., Mexico, or other countries <br /> 15 outside the U.S. (immigrants) and homeless persons who also belong to various minority <br /> 16 groups (Latino, Black or African-American, Asian, etc.). <br /> 17 46. Notably, the administrative record for the Ordinances is devoid of any <br /> 18 evidence, much less substantial evidence, to support the City's decision to draw such <br /> 19 arbitrary and irrational distinctions between Non-Profit and For-Profit Entities operating <br /> 20 Medical Offices in the P District. That, alone, renders the Ordinances invalid on their <br /> 21 face. <br /> 22 47. Moreover, the Ordinances are also invalid on their face to the extent that <br /> 23 they attempt to impose any restrictions, such as a CUP requirement, on any Medical <br /> 24 Offices operated by any federal, state, or county governmental agencies. Under the <br /> 14 <br /> Complaint of Share Our Selves <br />