(42 U.S.C. § 1983 and Ex Parte Young—Equal Protection)   (42 U.S.C. § 1983 and Ex Parte Young—Due Process)   79.  Rivas Sports brings this action pursuant to Federal Rule of Civil  Procedure 23(a), (b)(1)(A), (b)(2), and (b)(3) on behalf of itself and all others  similarly situated.  The proposed class is defined as follows:  All retailers at Del Amo Fashion Center that do not have an exterior  entrance and are not “Essential Businesses” as defined in the County of  Los Angeles Health Officer’s Order, titled “Reopening Safer at Work  and in the Community for Control of COVID-19,” and last revised on  September 4, 2020, and that thus must remain closed to the public for  in-person shopping under the terms of that Order.   80.  The proposed class is so numerous that joinder of all members is  impractical.  According to Simon’s records, Del Amo has over 150 interior retailers  that are not Essential Businesses.  Many of them are small businesses that have  experienced severe financial hardship due to prolonged closures amid the COVID- 19 pandemic, and are unable to institute suit on their own behalf.  In addition, the  County Order was just issued, and immediate relief from it is necessary.  There is  insufficient time to join all members of the proposed class.   89.  All of the foregoing paragraphs are incorporated as though fully set  forth herein.   90.  The Fourteenth Amendment to the United States Constitution forbids  Defendants from “deny[ing] any person . . . the equal protection of the laws.”  The  basic principle animating this command is that the government must treat similarly  situated persons similarly; “[w]hen those who appear similarly situated are  nevertheless treated differently, the Equal Protection Clause requires at least a  rational reason for the difference.”  Engquist v. Or. Dep’t of Agric., 553 U.S. 591,  602 (2008).   91.  Under the County Order, many businesses—including big-box retailers  like Walmart and Target, large department stores located in malls that have exterior  entrances, and small businesses like barbershops with exterior entrances—are  allowed to open to the public.  Yet similarly situated non-essential businesses located  in indoor malls and shopping centers cannot open to the public for in-store shopping  at all—just because of their interior locations.  And even the operations of essential  businesses located in indoor malls and shopping centers are restricted by comparison  with like businesses not located in indoor malls or shopping centers.  County Order  ¶ 9(d); see Appendix E.   COUNTY OF LOS ANGELES  BOARD OF SUPERVISORS; DR.  MUNTU DAVIS, individually and in  his official capacity as County of Los  Angeles Health Officer;  DR. BARBARA FERRER, in her  official capacity as Director, County of  Los Angeles Department of Public  Health; and ALEX VILLANUEVA, in  his official capacity as Sheriff, County  of Los Angeles,  Defendants.   CASE NO. 2:20-cv-08312  Plaintiffs Have Safely Operated Retail Stores Inside  Shopping Malls During The COVID-19 Pandemic  