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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 15 of 45 Page ID #15 1 long-standing doctrine of sovereign immunity, federal, state, and county agencies are not 2 subject to any such land use or zoning regulations. 3 48. In addition, the Ordinances violate the Supremacy Clause of the U.S. 4 Constitution, and California law, and are void to the extent that they stand as an obstacle 5 to the accomplishment and execution of the full purposes and objectives of Congress. 6 As noted above, SOS is a Federally Qualified Health Center ("FQHC") that is funded by 7 the United States government with the express mandate to provide health care services 8 to medically underserved populations. The Ordinances materially interfere with and 9 obstruct SOS's ability to fulfill its federal mandate and thus are preempted by federal 10 and state law. 11 49. Some four decades ago, the California Supreme Court prophetically noted 12 that "In general, zoning ordinances are much less suspect when they focus on the use 13 than when they command inquiry into who are the users." (Emphasis added.) The 14 Ordinances clearly run afoul of this time-honored admonition by unlawfully 15 discriminating against the users of Medical Offices--i.e.,Non-Profit Entities and their 16 patients—rather than focusing on the use, itself, i.e., the provision of medical and dental 17 care to human beings, no matter what their race, color, or national origin is, or whether 18 they are housed or unhoused. 19 50. As such, at a minimum, those portions of the Ordinances that impose a 20 CUP requirement on Medical Offices that are operated by Non-Profit Entities in the P 21 District, including sections 4 and 8 of the Urgency Ordinance (to the extent that 22 Ordinance has not already expired by operation of state law) and sections 9 and 16 of the 23 Permanent Ordinance, must be declared unlawful and be stricken as void and invalid. 24 15 Complaint of Share Our Selves