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SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc
SAN DIEGO — President Donald Trump is scheduled to visit San Diego on Tuesday to speak with military officials — and likely catch a glimpse at samples for his long-promised border wall.Trump has not visited California since he was sworn into office. Since then, he has criticized the state's enforcement of federal immigration laws and "sanctuary state" policies.The visit has been rumored for some time now and occurs a week after Attorney General Jeff Sessions visited Sacramento to announce a lawsuit against the state over immigration policies.Governor Jerry Brown said the lawsuit was the Trump administration's way of "going to war against the state of California."Here's what to expect:WHEN AND WHERE...President Trump is expected to fly to MCAS Miramar before heading to Otay Mesa on Tuesday, March 13.WHAT...While at MCAS Miramar, President Trump is set to speak with Marines. In Otay Mesa, Trump will likely tour the eight constructed border wall prototypes for his long-promised border wall.It's not clear whether the president will meet with Governor Jerry Brown, who sent a letter inviting Trump to the Central Valley to tour California's High-Speed Rail line under construction.PROTESTS...Demonstrators in support of and against the border wall are expected to gather in the allowed zones around the Otay Mesa prototype zone.A list of items will be prohibited by likely demonstrators during the presidential visit in Otay Mesa, including any object that could be used as a weapon. Sheriff's deputies will make anyone in possession of those items return them to their vehicles or dispose of them prior to entering the restricted area.An anti-wall rally is also scheduled to be held near the IRS federal building in downtown San Diego Tuesday. 1798

San Diegans who recently saw Hamilton at the Civic Theater downtown, or had any business at City Hall may have parked in the massive garage that's just steps from both buildings.The city owns that 1,140-space parking garage, called the Evan Jones Parkade - for the founder of Ace Parking.Many city workers also use it daily, since they get an employee discount. But the garage has also become a source of frustration among them - and in some cases, much worse. Numerous city employees told 10News that the elevators often breakdown, especially when it rains. That forces some of them to walk up 10 flights of stairs after a day's work - instead of waiting longer for the elevators that are working.But a notice posted on the city's website paints a much darker picture. It says the city has responded to more than 200 calls for service for the elevators in the last year, and that breakdowns have increased 20 percent in the last six months. "The elevators have now become unsafe," the notice says. "There is the increased possibility of persons being trapped in a broken-down elevator, needing immediate medical attention and not being able to get it."Additionally, the permit posted in one elevator is two years expired."I'm going to zip up there and hopefully everything wil work out fine," said Andy Jones, of Scripps Ranch, who parked on the 10th floor in a visit to City Hall. "That's a lot of stairs to climb."City spokeswoman Nicole Darling said the elevators are safe and routinely inspected. She said the notice is actually an environmental document, and was strongly worded to speed up approval for repairs.The city plans to replace the controls for all four of the building's elevators, for .8 to .2 million, but doesn't have a start date. A spokeswoman for Department of Industrial Relations says the elevator permits actually expired in September, but the city was late on requesting its permit renewal. The city sent the request last week. 2034
SAN DIEGO (CNS) - A 16-year-old boy suspected of stealing a vehicle and leading police in San Diego on a short pursuit was hospitalized Monday evening with a broken hip after being ejected or jumping from the vehicle and being run over before the Jeep struck a traffic signal pole.Officers received information about a 2019 Jeep Compass stolen from the 3800 block of Fairmount Avenue about 7:20 p.m. and spotted the vehicle speeding and attempted to stop it near 54th Street and University Avenue, according to Officer John Buttle of the San Diego Police Department.The driver fled southbound on 54th Street and ran red lights, prompting the pursuit to be terminated, Buttle said.The suspect continued southbound on 54th Street, crossed into the northbound lanes and crashed in the Chollas Creek area into a traffic signal, where he was either ejected or tried to get out of the Jeep before it stopped and was run over, pinning his arm under a tire, Buttle said.Firefighters freed the suspect from under the Jeep and he was taken to a hospital with a fractured hip.Two 16-year-old girls in the Jeep were taken to a hospital to be evaluated, Buttle said. 1161
SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761
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