Herrera

First Resort, Inc. v. Herrera

Good Law
80 F. Supp. 3d 1043·2015 WL 739512·2015 U.S. Dist. LEXIS 21483
United States District Court, Northern District of CaliforniaFebruary 20, 2015Case No: C 11-5534 SBACalifornia6,932 words

Opinion

Lead Opinion

Armstrong, J.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

Dkt. 84,

Plaintiff First Resort, Inc. (“First Resort”), a pregnancy services clinic, brings a facial challenge to the constitutionality of San Francisco’s Pregnancy Information Disclosure and Protection Ordinance (“Ordinance”), S.F. Admin. Code, ch. 93 §§ 93. 193.5. The Ordinance is aimed at ensuring that indigent women facing unexpected pregnancies are not harmed by false or misleading advertising by certain providers of pregnancy-related services that do not offer abortions or referrals for abortions. Id. §§ 93.3(f), 93.4. As Defendants, First Resort has named the City and County of San Francisco, the San Francisco Board of Supervisors (“Board”) and the San Francisco City Attorney (collectively “the City”).

The parties are presently before the Court on the parties’ respective motions for summary judgment, pursuant to Federal Rule of Civil Procedure 56. Having read and considered the papers filed in connection with these matters and being fully informed, the Court hereby DENIES First Resort’s motion for summary judgment and GRANTS the City’s cross-motion for summary judgment, for reasons set forth below. The Court, in its…

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