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SAN DIEGO (KGTV) — San Diego County officials warn we may officially drop into the dreaded, most restrictive, purple tier next week due to the rising COVID-19 case rate.“This is not a rollback, this is a devastation,” said Jon Weber, co-owner of Cowboy Star Restaurant and Butcher Shop in the East Village. “The same metrics that work in smaller counties don’t necessarily work in larger counties.”Under the state’s purple tier, restaurants would have to close indoor dining and move outside. Right now, in the red tier, they’re allowed to operate inside at 25% capacity.“We’re on 10th Avenue, we don’t have any space to put any outdoor seating, we’re on a busy street,” said Weber, who got through the first shutdown with PPP money, which is now gone.“If we close, we may never open again,” he said. “The idea of laying off 50 employees right before the holidays is pretty hard.”Other restaurants able to operate outside worry rain and cold weather will keep customers from dining outdoors.“There’s going to be challenges with cold weather, some of this stuff is just out of our control,” said Cesar Vallin, the managing partner at Cloak & Petal. “If you stay open, now you’re opened illegally, now you open yourself up to lawsuits from staff, ABC can come in and take your liquor license.”Like Weber, Vallin also worries about layoffs when moving from the red to the purple tier.“It’s not a light switch, I have to lay everybody off properly and then bring people back on, and not everybody comes back,” said Vallin. “There’s no support from the government, they’re still asking us for employment taxes, they’re still asking us for sales taxes; It’s a major letdown.”Under the red tier, gyms and fitness centers can operate inside at 10% capacity.Scott Lutwak, the founder and CEO of FIT Athletic Club, said that capacity is already a difficulty at his five locations across the county.“We’re mortified at the concept of moving into that purple tier, which represents us at zero capacity, being closed 100 percent,” said Lutwak.“We’ve been conducting classes outside regardless of weather, but now it gets dark earlier,” he said. “In our facilities, we have millions of dollars’ worth of really extensive equipment that can’t be brought outside because as soon as you bring it outside with saltwater air, you can’t bring it back inside.”He said right now he does not plan on shutting down inside or moving equipment outside.“As long as I feel like I can provide a safe environment for my employees and safe environment for my members, which we have proven we’re able to do so, I think we have every intention on keeping our doors open until we’re forced to do otherwise.”Lutwak said he believes his centers are essential, and therefore should be able to remain open.“We’re providing rehabilitation services, we consider our facilities as essential, and we have sent some letters out to each of the mayors in the cities where we’re conducting business,” he said he has yet to hear back.Besides restaurants and fitness centers, houses of worship, movie theaters, museums, zoos, and aquariums would also have to end indoor operations.San Diego County will find out next week if we have officially moved back into the purple tier. 3240

SAN DIEGO (KGTV) -- San Diego is bracing for yet another heat wave during a summer proving to be record-breaking.High pressure will expand across Southern California Monday and Tuesday, bringing high temperatures to the valleys and deserts, according to the National Weather Service.An Excessive Heat Warning will go into effect Monday morning at 10 a.m. and ends Tuesday night at 8 p.m.RELATED: Excessive heat forces closure of several San Diego County parks in AugustHigh temperatures in the lower deserts could reach 110 to 116 with temperatures expected to be between 102 to 110 in the inland empire and 94 to 104 in the mountains.RELATED: Heat causes SDG&E rate hikes for businessesMonsoonal moisture is set to return Wednesday into the weekend, bringing some relief from the heat. 804

SAN DIEGO (KGTV) - San Diego County leaders have stressed education over enforcement regarding the rules and laws surrounding the coronavirus, but there are laws in place to help stop the spread."There is civil liability and criminal liability," says Professor Joanna Sax from the California Western School of Law.Sax says many of the laws rely on a standard called "reasonable care" to determine liability."As long as you are taking precautions reasonably, then it's unlikely that you'll be held negligent. That would be the legal term," Sax says.For businesses, that means following the rules like posting a safe reopening plan and sticking to it to keep customers safe. It can also mean providing PPE and hand sanitizer for employees.But for businesses that aren't using "reasonable care," San Diego officials have shown the ability and willingness to use the laws to force compliance.One of the most prominent cases over the last few months involves Boulevard Fitness in University Heights. According to the city, that gym stayed open for indoor workouts for 45 days, violating the county's rules. City Attorney Mara Elliott threatened Boulevard Fitness with a ,500 fine for each day, citing "unfair business practices."The gym closed after receiving Elliott's letter and has since reopened while obeying county guidelines for capacity and distancing.Sax says those kinds of laws work for extreme cases, but may not apply for smaller violations."If businesses are not behaving reasonably and they are behaving recklessly, and they have no plans, and they're letting people in, maybe they should face liability," Sax says. "Those aren't the businesses that should be open to the public. They're doing a disservice to the rest of the community."As for individuals infecting other people, the California Health and Safety Code has strict standards.According to Section 120290, five things all need to happen for someone to be guilty of "intentional transmission."The Code says: 1988

SAN DIEGO (KGTV) - San Diego Police identified Friday the teenager shot and killed in Chollas Creek. Damien Anthony Feliz, 16, was found lying in the north alley of 5200 Ogden Street about 10:30 Wednesday night. A witness called 911 to report the scene. Police said Feliz had at least one gunshot wound. He was taken to the hospital, where he died. RELATED: 1 dead in shooting in San Diego's Chollas Creek neighborhoodAs officers interviewed witnesses, they received reports that a light-colored sedan was seen in the area the same time shots were heard. Anyone with information was asked to call Crime Stoppers at 888-580-8477. 636

SAN DIEGO (KGTV) — San Diego County Board of Supervisors held an emergency meeting behind closed doors Thursday evening to discuss how to potentially keep businesses open after Gov. Gavin Newsom denied removing San Diego State’s COVID-19 cases from the county’s total case rate.The meeting, though, yielding no new actions by the county.In a statement, Supervisor Nathan Fletcher said since the board took no action, "it would be inappropriate to comment on the deliberation.""In general, I believe we should be fighting COVID-19 and not the state of California. We do not yet know what our case rate will be next Tuesday and will have to evaluate that number in order to understand any possible impact," Fletcher said.The county is now at risk of moving back to the most restrictive purple tier if the case rate is higher than 7.0 by next week. Currently, the county has had a case rate higher than that threshold for one week.“We were all really stunned and caught off guard yesterday during the governor’s press conference when he made a final decision on the SDSU cases,” said County Supervisor Kristin Gaspar.RELATED: Despite Newsom's dismissal, San Diego County wants SDSU's coronavirus cases nixed from case rateThe county had requested that the state remove SDSU’s more than 700 COVID-19 cases from the overall case rate to keep San Diego in the red tier. When asked about the situation during a press conference, Newsom said, “You can’t isolate, as if it’s on an island, the campus community that is part of a larger community. So the answer is no.”The county's public health officer, Dr. Wilma Wooten, said if the school's cases were removed, the county's overall case rate would drop.“Businesses in Carlsbad are going to have to shut down because of an outbreak at San Diego State,” said Supervisor Jim Desmond. “Places throughout the county are going to be very negatively affected by this.”RELATED: What happens if San Diego County moves to California's most restrictive tierThe supervisors will meet to discuss options that could possibly keep San Diego County businesses operating in the red tier.“One option that we will be exploring is a legal action against the state of California, the governor specifically,” said Gaspar.Gaspar explained that option would allow the courts to hear the county’s case about why they believe SDSU’s situation is a special circumstance and not worth shutting down indoor operations again.“They would have the ability to evaluate whether or not SDSU cases should be excluded,” she said. “And in the interim period would allow us to stay in the stage red with the businesses open.”In a statement to ABC 10News, Supervisor Nathan Fletcher said, 2699