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SAN DIEGO (KGTV) — An appeals court Friday granted a stay against a San Diego judge's recent ruling allowing strip clubs and restaurants to reopen despite the state's coronavirus restrictions.The decision by the Fourth District Court of Appeals, District One, freezes an earlier ruling, forcing restaurants to again only offer takeout and delivery service, per California's recent health order. Any opposition to the state's filing must be submitted by noon Wednesday.Lawyers for the state argued against the Superior Court ruling, saying it was overreach since no restaurants were parties in the suit filed by two strip club operators.RELATED: San Diego County to appeal ruling on strip clubs, restaurants amid health ordersCounty Supervisor Jim Desmond said in a statement the decision one day after some restaurants reopened was "tragic." "Today's decision to close restaurants one day after they were allowed to open is tragic for San Diego's workforce. The seesawing of people's livelihoods one week before Christmas is devastating," Desmond said in a statement.Supervisor Nathan Fletcher said in his own statement that the appeals court made the right call as cases surge."This is the right decision to protect our communities given the severity of cases and hospitalizations we are experiencing in San Diego County. Everyone should stay home unless it is absolutely essential," Fletcher said. This week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThat ruling protected strip clubs and "San Diego County businesses with restaurant service.""The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said San Diego Superior Court Judge Joel R. Wohlfeil.The county's Board of Supervisors voted Friday to appeal the ruling but said the county would only argue against the provisions that allow strip clubs to operate and indoor dining amid California's regional stay-at-home order."The Board voted to appeal the order. But the Board directed County Counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining. We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there. Please continue to cover your face, wash your hands and avoid gatherings," Chairman Greg Cox said in a statement.The recent restaurant closures come after the regional dipped under the state's ICU bed capacity threshold. The Southern California region, which includes San Diego County, hit 0% capacity on Thursday and sat at that availability on Friday.Friday, San Diego County set a record for daily coronavirus cases, reporting 3,611 new cases. 3375

SAN DIEGO (KGTV) -- A school bus crashed into a San Diego Center for Children dormitory Wednesday afternoon, creating a massive hole in the side of the building.Officials say a San Diego Unified School District bus driver lost control of the bus on the 3000 block of Armstrong Street, causing the bus to collide with the building.No children were inside the building or the bus at the time of the crash. The bus driver was taken to the hospital as a precaution.Contractors have responded to the scene of the crash to assess the damage to the building. Officials with the center say all eight rooms in the dormitory are unusable following the incident. 659

SAN DIEGO (KGTV) -- A second lawsuit has been filed by family members of a mother and daughter killed by a YouTube star in a deadly wrong-way crash last year.18-year-old Trevor Heitmann, known as McSkillet on YouTube, drove his McLaren the wrong way on I-805 in August 2018. The crash killed Aileen Pizarro and her 12-year-old daughter Aryana. This latest lawsuit was filed August 22nd by Angelo Pizarro and Arcelio Garcia. Pizarro is one of the sons of Aileen Pizarro. Garcia is the father of Aryana. A lawsuit earlier this summer was filed by Aileen Pizarro's other son, Dominic, and her father. The lawsuit claims wrongful death and negligence by the City of San Diego and the County of San Diego. The family is also suing Heitmann’s estate. It states that San Diego police received a “mental case” call that Heitmann was “screaming, paranoid and delusional and threatening to harm his mom.”Police were advised by a licensed psychiatrist that Heitmann needed to be “possibly placed on a 5150 mental hold,” according to court records. However, officers did not speak to or evaluate Heitmann to determine if he was a danger to himself or others. The lawsuit also states that “one or more of the Police Officers represented or implied that they were part of a San Diego County Psychiatric Emergency Team.”Team 10 reached out to both county and city officials. As of Wednesday afternoon, there was no comment regarding the lawsuit from the city. A county spokesperson said they have not seen the lawsuit yet. Cynthia Chihak, the attorney for Pizarro and Garcia, sent Team 10 a statement which reads in part:"I am privileged to represent Angelo Pizarro, the son of Aileen Pizarro, and Arcelio Garcia, the father and sole heir of twelve year old Aryana Pizarro, who were killed on August 23, 2018 when their car was struck head-on by a McLaren automobile driven by Trevor Heitmann... This family is not excusing Mr. Heitmann’ s reckless behavior, but believe this tragic loss of three lives could have been prevented if the City of San Diego has taken seriously earlier reports of his violent and dangerous behavior. The loss suffered by this young man Angelo, of his mother and sister and the loss to Mr. Garcia of his daughter can never be rectified. But with this lawsuit they hope to bring to light the inaction of the City and prevent any other family from suffering their grief."10NEWS RELATED COVERAGE:Popular YouTuber identified in wrong-way I-805 crash that killed mother, 12-year-old daughterYouTuber's parents requested psychiatric evaluation before deadly I-805 crashNeighbor says police were called to YouTuber's home the day he died in wrong-way freeway crashHow YouTuber in I-805 crash made small fortune with gaming videosSon remembers mother and sister after release of driver's autopsy in deadly 805 crash 2829

SAN DIEGO (KGTV) - A San Diego veteran and father is defending his son's right to sit during the national anthem.Ray Everett is responding to a letter sent to Lincoln High School's principal, complaining that students on the basketball team were sitting and talking during the national anthem.The man who wrote the letter is a U.S. Air Force veteran and grandfather to a player on the opposing team. Another parent who was offended used her phone to film the students sitting."At the end of the day our students do not have to stand," said Everett. "But you will not make them feel like they did something wrong. They did not harm anyone and they did not break the law."Everett was in the U.S. Army for 15 years. He says he served his country in order to protect the rights of Americans, including the right to sit during the national anthem.Everett's brother-in-law, Antoine Jarvis, says while he was offended by the letter he respects everyone's right to their own opinion. "I think that the biggest challenge in voicing your opinion is when you're close-minded to other's opinions," said Jarvis. "When you're close-minded to their beliefs."Jarvis says he no longer stands during the national anthem after learning more about its history. He only asks that others respect his right to do so.The principal of Lincoln High School, a veteran himself, has been responsive to complaints and plans to sit down with the veteran who wrote the letter about the student's actions.On Thursday the San Diego Unified School District sent a statement to 10News:Public school districts do not have the authority to require students to observe patriotic or religious rituals in the classroom or at school functions. We believe in our students right to free-speech, but also encourage students to be respectful in the way they choose to exercise their rights.School Administration is reaching out to the students involved and taking the opportunity to use this as a teachable moment. 1986

SAN DIEGO (KGTV) -- A street in San Diego’s Gaslamp Quarter is shutting down starting Thursday for bars, restaurants and other businesses to create more space for customers.From Thursday to Saturday, Fifth Avenue will be closed between G and L streets as a way to help break up potential overcrowding as downtown businesses reopen.The street closure will start at 11 a.m. on Thursday and Friday, with “Curbside Gaslamp” running from 3 p.m.-12 a.m. on both days. 469

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