AIDS Healthcare Foundation, Inc. v. City & County of San Francisco

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PETITION AND COMPLAINT

I. INTRODUCTION

This suit is the latest development in an on-going land-use dispute between Plaintiff AIDS Healthcare Foundation, Inc. (“AHF”) and the City of San Francisco (“the City”). AHF claims it was unconstitutionally targeted by San Francisco city legislators for taking a public and unpopular position in opposition to a HIV/AIDS medication known as pre-exposure prophylaxis (“PrEP”). AHF avers that, in retaliation for its stand on PrEP, the city legislators passed new zoning rules to delay its proposed building project in the Castro neighborhood. AHF previously sued the City in a related case alleging the new zoning rules violated its constitutional rights. The Court dismissed that complaint with leave to amend. AHF then requested a stay to seek conditional use authorization from the San Francisco Planning Commission in order to proceed with its project under the new rules.

On January 28, 2016, the Planning Commission disapproved AHF’s conditional use application. In response, AHF filed this new complaint and petition. AHF argues that the Planning Commission acted…