Alioto's Fish Co. v. Human Rights Commission of San Francisco

Respondents, a group of 14 Fisherman’s Wharf restaurants (hereinafter the Restaurants), instituted this action for writ of mandate and declaratory and injunctive relief against appellants San Francisco Human Rights Commission (hereinafter HRC), San Francisco Port Commission (hereinafter the Port Commission) and their respective commissioners, directors and employees (collectively, the City). The Restaurants sought, inter alia, 1) a peremptory writ ordering the HRC to refrain from enforcing a provision contained in their leases of land from the Port Commission which expressly incorporates into each lease agreement the employment nondiscrimination provisions of chapter 12B of the San Francisco Administrative Code, 2) a declaration that they are not required to enter into an affirmative action agreement proposed by the HRC or to answer an HRC questionnaire regarding their recruitment, hiring and training practices, 3) a declaration that chapter 12B does not apply to those restaurants which signed their leases before chapter 12B was amended specifically to include leases, and 4) an injunction restraining the City from requiring them to enter into the proposed affirmative…