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SAN DIEGO (CNS) - A train struck and killed a pedestrian in Old Town Thursday, authorities reported.The rail fatality in the 4000 block of Taylor Street occurred about 11:30 a.m., according to sheriff's officials.Details on the circumstances of the death, including the victim's age and gender, were not immediately available.Due to the fatality, Coaster passenger-train service was delayed until further notice, North County Transit District advised. The agency sent buses to its Sorrento Valley Station to help affected commuters reach their destinations.Additionally, San Diego police closed Taylor Street from Congress Street to Pacific Highway to provide full access for investigators and emergency personnel.San Diego Crisis Hotline: 888-724-7240 760

SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862

SAN DIEGO (CNS) - An ex-con dubbed the "Bad Grandpa" bandit because of the disguise he wore while robbing four banks in San Diego is scheduled to be sentenced today at the downtown courthouse.James Saputo, 51, pleaded guilty in June to robbery, attempted robbery and other charges. He faces more than 130 years to life in prison.Saputo was arrested twice in 2016 on drug charges and was out of custody on bail when he committed the bank robberies in San Diego between Feb. 12 and March 30 last year, said Deputy District Attorney Lucy Yturralde.The defendant is also accused of robbing seven banks in Riverside and Orange counties, the prosecutor said.Authorities nicknamed Saputo the "Bad Grandpa" bandit because of the elderly disguise he wore, which included a wig, glasses and a cane.Saputo's criminal record dates back to 1986. He has 14 prior convictions, including bank robberies in Del Mar and San Marcos. 921

SAN DIEGO (CNS) - Mayor Kevin Faulconer announced Thursday a dozen San Diego Public Libraries would reopen for the first time since mid-March, when they were shuttered as part of a state-wide shutdown order."Our libraries offer San Diegans a treasure trove of resources, whether its access to health information, distance learning, job searching or even just a book to pass the time, and we need them now more than ever," Faulconer said. "We're reopening our libraries with health and safety as the top priority while also expanding digital access to give residents more opportunities as we get through this pandemic together."The library locations to resume in-person services include Central, Carmel Valley, Point Loma, Mission Valley, Rancho Bernardo, Malcolm X/Valencia Park, Mira Mesa, Logan Heights, San Ysidro, La Jolla, Mission Hills-Hillcrest and College-Rolando.The libraries will open at 25% capacity starting Saturday from 9:30 a.m. to 5:30 p.m. Monday through Saturday. The facilities will close for cleaning from 1 p.m. to 2 p.m. daily and frequently touched areas will be cleaned hourly and after each usage. Everyone will be required to wear face coverings, have their temperature taken and practice physical distancing when possible."Our libraries have been closed since March 13 and, although we have added pickup service and virtual programming, there is no substitute for welcoming patrons into our buildings," said Library Director Misty Jones. "While we are offering limited services when we reopen, our staff will be working diligently to expand services as quickly and safely as possible."According to the library, in order to protect the health and safety of staff and guests some services may be limited or modified by staff, including time limits for computer use. A full list of in-person rules and requirements can be found on the San Diego Public Library website."The city continues to prioritize the safety of all staff and guests as we fight through this pandemic, which is why we're opening in a phased and thoughtful way," said Joel Day, the city's senior advisor for COVID-19 response and recovery. "With enhanced sanitation protocols for every building, cleaning all equipment after each interaction, enforcing physical distancing and requiring face coverings, we have a plan that will allow residents to access these public resources while staying safe and healthy."With the pandemic shedding light on the urgency of bridging the digital divide, Faulconer also announced "SD Access4All" -- an initiative aimed at tackling digital inequity by expanding broadband access in San Diego. According to city data, an estimated 53,000 San Diegans lack access to reliable internet, a resource that has proven vital for distance learning, employment opportunities and access to public health information.The program creates patio areas at select library locations to offer free WiFi and plastic-coated laptop computers for public use in a physically distanced setting. Capacity and cleaning requirements for the in-person reopening will also apply to all SD Access4All locations.While additional locations are currently being retrofitted for this program, these services are currently offered at the Central, San Ysidro, Skyline Hills and Malcolm X/Valencia Park branches.In May, under the first reopening phase, city libraries began a contact-free pickup service at some library locations. Contact-free pick-up services will be maintained at 24 of the city's 36 libraries. 3508

SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675

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