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SAN DIEGO (KGTV) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938

SAN DIEGO (KGTV) - By the time polls close Tuesday night at 8 p.m., the San Diego County Registrar of Voters could have already processed more than 1.1 million ballots. Registrar Michael Vu says it's possible the first results of the night, released sometime before 9 pm, could account for up to 70% of the total vote.Those numbers will include more than a million mail-in ballots that the Registrar has already received and processed, as well as any in-person votes cast between Saturday and Monday.But those early numbers may not provide clarity."In our world, nothing is over until the election is certified," says Vu.Certification doesn't happen until December 3. And mail-in ballots can still arrive at the Registrar's office as late as November 20th to be counted, as long as they were postmarked by November 3."There's 196 contests on the ballot," says Vu. "For some it will show really wide gaps. And in others, it will show like it's neck and neck and it will continue all the way through until we certify the election."For races that may be close, like the San Diego Mayor's race, those late arriving ballots could be the difference between winning and losing."When you have such a close race at the local level, 10,000 or 20,000 votes left to be counted could be quite significant," says Evan Crawford, Assistant Professor of Political Science at University of San Diego.Crawford says it's common for local races to have changes after election day, noting that early results aren't official until every ballot is counted."We might have to prepare ourselves to not know on election night," says Crawford.He points to the June Primary election for Mayor, where City Councilman Scott Sherman led Barbara Bry for the second spot in the November election. As more ballots went into the final numbers, Bry overtook Sherman to advance.Thad Kousser, the Political Science Department Chair at UC San Diego, says voters should use patience when looking for a clear winner."Even though the game ends on election night when the polls close, no one can cast a ballot after that, it's going to take a while to tally the points for both sides," Kousser says. "And those results are also going to be misleading because there were really strong partisan differences this year in who wants to cast a ballot through what means."That extends to the Presidential race as well. Kousser says states that process mail-in ballots early, like Florida, could see a large Democratic lead in the first round of numbers released. He says Republicans have traditionally preferred to vote in person.Conversely, Kousser says states like Pennsylvania, where mail-in ballots can't be processed until polls close, may see the opposite.Either way, both Kousser and Crawford say accuracy is the most important focus of election officials."Getting it right is more important than getting it quickly," says Kousser. "And making sure that no one claims a quick victory, when a close margin could be overturned by legitimate votes that have a right to be counted.""We have these local election officials," says Crawford. "They're doing the job. They're doing the work. At a certain point, we just have to remind ourselves of that and have some trust in that." 3236

SAN DIEGO (KGTV) – At least 10 people were arrested during demonstrations in downtown San Diego Wednesday night that were sparked by the grand jury decision in the Breonna Taylor case.ABC 10News learned there were initially two separate protests planned in the downtown area. Eventually, the two groups joined together.Protesters marched through downtown chanting and holding signs demanding justice for Taylor. The demonstration made its way to San Diego Police Department headquarters on Broadway.Shortly after 10 p.m., SDPD tweeted that there were acts of violence and vandalism and declared the protest outside headquarters “an unlawful assembly.”According to the tweet, the crowd was ordered to disperse or face arrest. In response to acts of violence & vandalism, the protest in front of the SDPD Headquarters building (1401 Broadway) has now been declared an unlawful assembly.Demonstrators are ordered to immediately disperse. If you do not do so you may be arrested. pic.twitter.com/coUlOTVZ6p— San Diego Police Department (@SanDiegoPD) September 24, 2020 ABC 10News confirmed with police that at least 10 people were taken into custody during the protest, but officials did not disclose what charges the arrestees face.Taylor, a 26-year-old emergency medical worker, was shot and killed by Louisville police officers during a botched drug raid on her home in March. The warrant used to search her home was connected to a suspect who did not live there, and no drugs were found inside.A grand jury in Louisville on Wednesday decided that no officers will face charges for Taylor's death.Prosecutors argued the two officers who fired at Taylor were justified in using force to protect themselves after they were shot at by Taylor's boyfriend.The officer who fired the fatal shot and another officer who fired his weapon at Taylor face no charges, but former Louisville Metro Police Department Detective Brett Hankison was indicted with three counts of wanton endangerment for firing shots that went through Taylor's apartment and into an adjoining unit.City News Service contributed to this report 2118

SAN DIEGO (KGTV) - At St. John The Evangelist's Sunday night service, the pews were packed to hear why their pastoral associate was resigning.Aaron Bianco was asked to come to St. John August of 2016. His work: organizing events, budgets and other behind the scenes tasks. His goal, to build up a more inclusive church.Bianco has been married to his husband for 10 years last month, and once he started at St. John, so did the attacks."They've threatened me from shooting me down across the street, to throwing Molotov cocktails into the church," Bianco said.The hate groups sent emails equating him to a pedophile and threatening him. His tires were slashed, fire thrown at the church doors, the office broken into and spray painted with a gay slur."They're no different from organized crime or a terrorist group. They will continue until they get their way," Bianco said their goal was to force him out. "I'm convinced that the gospel is on my side, and they can spew their hate, but I'm not going to allow them to make me hate them back," Bianco said.Last week his personal information including photos of his family and his home address was published on a conservative Catholic website. Bianco said he saw someone in their yard in the middle of the night  watching the house.Since the threats, he's added security to his home and filed police reports.He realized it was all too much, "My life and those of my family are more important than any job."Bianco addressed the packed church at Sunday night's mass, "when hate rages like a fire, love rains down, and I feel it from so many of you in this room."Bianco told 10News he believes there is more good in the world than bad, explaining he's received encouraging notes from people all over the world.After his speech, the church erupted, "It made me so happy that everybody stood there and clapped for the longest ovation I've ever heard in a church in my life. Letting him know that we love you, we care about you and you're going to be missed," Parishioner Berena Pe?a said.She attended the church a decade prior and stopped coming because she didn't feel welcome as a lesbian. Her friend convinced her to try again two years ago. She said she could feel the difference, and it woke her up.Bianco said this is not the end, and he will keep fighting. He said he will still attend church, hopes these groups stop their attacks and instead come and talk with him. 2524

SAN DIEGO (KGTV) -- At the Sycuan Visitors Center in El Cajon, you'll find pieces of history on display. Tools, clothing, baskets, even instruments, all tracing their origin to the Kumeyaay people."We were very important in shaping this landscape, so we developed the landscape and the landscape developed us," said Ethan Banegas, who teaches Kumeyaay history and is Kumeyaay himself.The Kumeyaay people live on 12 reservations in southern California and six in Mexico. Their history is rooted deeply in the San Diego area."We have old village sites all over. Old Town, where the first mission was, was an old village called Kasoy, " Banegas explained. According to Banegas, at one point, the Kumeyaay people lived from the desert to the mountains to the ocean and numbered between 30 and 50 thousand.RELATED: Native American tribes join to celebrate life and heritage at San Diego powwowBy the late 1800s, historians estimate the Kumeyaay population had dwindled to as low as 1000. Even as numbers started to rebound, the language and music continued to fade. Banegas says at one point traditional singers had all but disappeared. However, there was a resurgence in the 1960s that continues today."We have a whole generation learning these songs that were basically gone."As for the language, there are only about a dozen speakers left in the U.S. and a few dozen more in Mexico. But there's an effort underway to teach young people and keep it alive. Banegas says a turning point for many tribes was gaming, which provided an economic solution to the severe poverty many people experienced on the reservations. Today Banegas and others are using education to keep their culture alive and hope that during this Native American heritage month, San Diegans take time to remember the people who've called this land home for thousands of years. 1849