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prohibit the City, as a recipient of federal funding, from engaging in discriminatory conduct. The Ordinance is discriminatory on its face in that it subjects FQHCs, like SOS, to unlawful disparate treatment based on the fact that it primarily serves racial and ethnic minority patients. In that regard, the Ordinance is also discriminatory in that it will have a disparate impact on such racial and ethnic minority populations served by SOS. 5. A local police power ordinance is invalid if it is arbitrary, discriminatory, unreasonable, oppressive, not substantially related to the public health, safety or welfare or only marginally serves legitimate purposes while infringing on personal interests protected under due process standards. Federal and state law provides that cities and counties may not, under the guise of the police power, impose restrictions that are unnecessary and unreasonable upon the use of private property or the pursuit of useful activities. Given that the operation and control of FQHCs are legitimate activities in which the federal and state have a considerable interest, the City's unilateral efforts to restrict those activities pursuant to the Ordinance is an improper exercise of its police power and amounts to bad faith. 6. The Ordinance impermissibly discriminates on the basis of disability and violates the Americans with Disability Act in at least three ways: (a) by distinguishing between medical offices specializing in treatment of addiction and all other forms of medical treatment, and imposing special burdens on medical treatment for addiction not applicable to other forms of medical treatment, (b) by preventing disabled individuals who, due to their disability, are reliant on government or charitable assistance from accessing health care on the same terms and in the same medical offices as other patients, and (c) by effectively prohibiting medical offices that have not obtained CUPs from assisting disabled patients who, due to their disability, are reliant on government subsidized forms of payment. 7. The Ordinance impermissibly discriminates on the basis of age, because individuals over 65 qualify for Medicare, and the Ordinance imposes special burdens on facilities that will accept Medicare payments, and prevents medical offices that have not obtained a CUP from serving patients paying through Medicare (i.e. virtually everyone over 65). Share Our Selves 7 1 P a g e