Southern Alameda Spanish Speaking Organization (Also Known as Sasso) v. City of Union City, California

The principal appellant, the Southern Alameda Spanish Speaking Organization (SASSO), was successful in obtaining the passage of a city ordinance rezoning a tract of land within Union City, California, to a multi-family residential category in order to permit the construction of a federally financed housing project for low and moderate income families. The ordinance was nullified almost immediately by a city-wide referendum. By this action appellants attack the referendum and its results as infringing upon their constitutional rights under the due process and equal protection clauses of the Fourteenth Amendment, and seek injunctive action directing Union City to implement the zoning change notwithstanding the referendum.

In the District Court appellants sought, under 28 U.S.C. § 2281 , an order convening a three-judge court to entertain their constitutional claims. They also moved for a preliminary injunction directing Union City to put the zoning changes into effect pendente lite. The District Court ruled against the appellants on both motions and that order is the subject of this appeal.

As incorporated in 1959 Union City combined two existing communities known as Decoto and…