Sassman

MEMORANDUM AND ORDER

William Sassman (“Plaintiff’) initiated this action against Edmund G. Brown, Jr., Governor of California, and Jeffrey A. Beard, Secretary of the California Department of Corrections and Rehabilitation, in their official capacities (collectively “Defendants”), and Does 1-10. Plaintiff claims Defendants’ exclusion of men from California’s Alternative Custody Program (“ACP”), as authorized by California Penal Code section 1170.05, violates the Equal Protection Clause of the Fourteenth Amendment. Presently before the Court is Plaintiffs motion for a preliminary injunction by which he seeks to enjoin Defendants from continuing to exclude Plaintiff and other male prisoners from the ACP because of their gender. The Court heard argument from counsel for both *1244 sides on Wednesday, October 1, 2014, at 9:30 a.m. Upon consideration of the materials in the record, as well as the arguments of counsel in open court, Plaintiffs motion was DENIED; 1 this written order follows.

BACKGROUND

Senate Bill No. 1266, adding California Penal Code section 1170.05, was signed into law on September 30, 2010. It provided for the implementation of the ACP, “a program under which…