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Case 8:23-cv-00504 Document I Piled 03/20/23 Page 32 of 45 Page ID #:32 1 based on damage inflicted on its own business due to unlawful discrimination and 2 violation of the rights of its patients. Second, SOS has standing to assert constitutional 3 violations of its patients' rights because: (1) SOS itself has suffered a substantial injury- 4 in-fact, in the form of the loss of the right to purchase the Main Street Property, as well 5 as the loss of significant funds spent in developing the Property and extending the PSA, 6 thereby giving SOS a sufficiently concrete interest in the outcome of the issue in 7 dispute, (2) SOS has a close enough relationship to its patients to justify standing, and 8 (3) the patients themselves are unable and unlikely to assert claims against the City 9 relating to its zoning ordinances because (a) most lack sufficient financial resources to 10 fund litigation, (b) many of the potential patients that could be served in the P District 11 are as yet unknown, and (c) the Ordinances have an indirect effect on their rights and the 12 existing ordinances are likely unknown to them. 13 FIRST CLAIM FOR RELIEF 14 (Violation of the Fourteenth Amendment to the United States Constitution-- 15 Substantive Due Process, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) 16 128. Plaintiff realleges and incorporates herein by reference each and every 17 allegation contained in paragraphs 1 through 127, inclusive, as set forth above. 18 129. The Urgency Ordinance, the Permanent Ordinance, and Municipal Code § 19 41-313.5(p), on their face and as applied, impose the discriminatory CUP Requirement 20 on Medical Offices operated by Non-Profit Entities in the P District, while not requiring 21 a CUP for Medical Offices that are operated by For-Profit Entities in that same District. 22 130. Based on SOS's preliminary estimate, there appear to be at least 42 For- 23 Profit Entities that are currently operating Medical Offices in the P District. 24 131. The salient characteristic of Non-Profit Entities that is not shared with For- 32 Complaint of Share Our Selves