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CHULA VISTA (CNS) - A Chula Vista church that challenged California's COVID-19 restrictions in a legal fight that went before the U.S. Supreme Court has filed an amended complaint in its bid to see churches reopened during the pandemic.South Bay United Pentecostal Church and its pastor, Arthur Hodges III, filed the new complaint last week in San Diego federal court, nearly two months after the U.S. Supreme Court ruled 5-4 to uphold COVID-19 restrictions placed on religious gatherings by Gov. Gavin Newsom.At the time, the church accused the state of arbitrarily allowing certain sectors considered essential to stay open, while discriminating against religious institutions, a move they claimed "intentionally denigrated California churches and pastors and people of faith by relegating them to third- class citizenship."California imposed restrictions this month on a number of indoor activities due to a spike in COVID-19 cases, and the church is seeking an injunction that will allow it to open under the same standards as other sectors when those businesses are allowed to reopen.This time, the church renews its objections while also taking aim at alleged favoritism toward the police protests that began in late May following the Memorial Day Minneapolis death of George Floyd."When the public sentiment began to favor race-based political protest instead of compliance with the pandemic restrictions, public officials were all too eager to grant a de facto exception for those favored protestors," the complaint states. "This favoritism has caused amazing harm in the form of a general loss of confidence by the American people in the merits of the pandemic restrictions at all."The church again says that a number of secular industries were allowed to reopen, while alleging they may have presented more of an infection risk than places of worship.It also takes issue with restrictions Newsom placed on churches when they were allowed to reopen, including attendance caps of 100 people or 25% occupancy, and prohibitions against singing indoors. The injunction South Bay United seeks would also prevent California from banning singing or chanting during worship services, or issuing any other "allegedly neutral ban...that clearly targets worship."As in its earlier filings, the church states that indoor services are needed for proper worship and that tele-conferenced or outdoor services are "inadequate substitutes."In the amended complaint, the church states its preference that "the entire congregation meet at once" and that placing capacity restrictions on services "would be like holding a family reunion in three sessions."In its allegations of discriminatory practices, the church alleges "ordering that `worshippers may not gather' is not different than -- and equally repugnant as -- ordering that `African-Americans may not gather' or `Chinese may not gather,"' in addition to comparing the restrictions on worship to "providing specific (mandatory) guidance for heterosexuals, homosexuals and other sexual minorities."The complaint also alleges the state's shutdown orders are too restrictive in the face of a "generally non-lethal disease."South Bay United's attorneys allege that death rates from COVID-19 are declining and that California's death rate "has largely stabilized."While California recently overtook New York as the state with the highest number of COVID-19 cases nationwide, and ranks fourth in total deaths, the church states California has the 30th-highest death rate in the nation, while also alleging that death rates in San Diego County have been low."In a society hostile to religion, banning worship might be justified to prevent deaths, but not common, flu-like symptoms," the complaint states.Both a San Diego federal judge and the U.S. 9th Circuit Court of Appeals rejected the church's challenges, leading to the U.S. Supreme Court's rejection in late May in a 5-4 decision.Chief Justice John G. Roberts wrote in an opinion denying the request that "Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods."The majority opinion noted: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the states to guard and protect."Justice Brett M. Kavanaugh wrote the dissenting opinion joined by Justices Clarence Thomas and Neil M. Gorsuch."I would grant the church's requested temporary injunction because California's latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment," according to the opinion, which also noted that "comparable secular businesses" were not subject to occupancy caps. 5507
CHULA VISTA (CNS) - A man who allegedly stabbed and seriously injured another man with a screwdriver during a San Ysidro street robbery pleaded not guilty Friday to attempted murder, robbery and vandalism charges.Eduardo Hernandez Oliveros, 22, is accused of robbing the victim just before 7:30 a.m. Sept. 17 in the 600 block of East San Ysidro Boulevard.Police said the victim was using his cell phone when Oliveros confronted him on the street and asked to use the phone. Before the victim could react, Oliveros allegedly snatched the phone out of his hand and took off.Deputy District Attorney Daniel Shim alleged the victim chased Oliveros down and a "physical struggle" ensued, culminating in the defendant stabbing the victim in the face and neck with a screwdriver.Bystanders called police, who responded and arrested Oliveros, who faces more than 25 years in state prison if convicted of all charges, according to the prosecutor.The victim, whose name was not released, was hospitalized with serious injuries, according to the San Diego Police Department, which alleged that Oliveros "admitted he was trying to kill the victim."Oliveros has a prior attempted murder conviction for stomping on his girlfriend's head, stabbing her in the leg and telling her he was going to kill her, according to Shim. He was found guilty in 2015 in Riverside County, according to the criminal complaint.Bail was set at million for Oliveros, who is due back in court Oct. 14 for a readiness conference. 1503
CHULA VISTA (CNS) - A gunman wearing a clown mask robbed a mini-market Saturday, police said.The robbery happened at 1:05 a.m. at an AM/PM convenience store in the 3100 block of Main Street. The suspect entered the store wearing a clown mask, pulled out a gun and demanded cash, beer and cigarettes.The gunman fled the store in an unknown direction.Medics were called to the scene after the clerk complained he was suffering from anxiety because of the robbery, police said. 482
Children of the world can rest easy. The global pandemic won’t stop them from tracking Santa Claus’ progress as he delivers gifts around the globe on Christmas Eve.The North American Aerospace Defense Command has announced that NORAD will track Santa on Dec. 24, just as it has done for 65 years. But there will be some changes: Not every child will be able to get through to a volunteer at NORAD’s call center to check on Santa’s whereabouts, as they have in years before.Normally, 150-160 volunteers crowd into a conference room at Peterson Air Force Base in Colorado Springs, taking two-hour shifts to answer the phones as eager children call to see if Santa and his sleigh have reached their rooftops. All together, 1,500 people over 20 hours have participated in the call center in the past, fielding more than 130,000 phone calls, beginning at 6 a.m. Eastern time on Christmas Eve.This year, due to safety restrictions forced by the COVID-19 pandemic, the number of volunteers has been drastically cut to what NORAD expects will be fewer than 10 people per shift.“We understand this is a time-honored tradition, and we know undoubtedly there is going to be some disappointment,” said NORAD spokesman Preston Schlachter. “But we’re trying to keep it safe for everyone involved.”So, some callers may be able to once again get through to a member of the military or other volunteer when they dial the NORAD Tracks Santa toll-free number, 1-877-Hi-NORAD. But others will get a recorded update on Santa’s current location.Schlachter said NORAD will largely be limiting volunteers to people who already work there and their immediate families. But that could be expanded a bit as the time gets closer. He said that this year volunteers will answer health questions and have their temperature checked when they arrive, and a cleaning crew will wipe down surfaces throughout the day. There will be wipes and other supplies available, and between shifts the entire calling area will be sanitized before the next group comes in.Faced with concerns about the virus, officials at NORAD have worked for weeks to figure out a way to ensure that the much-beloved tradition could go on.The military command has been fielding calls since 1955, when Air Force Col. Harry Shoup — the commander on duty at NORAD’s predecessor, the Continental Air Defense Command — fielded a call from a child who dialed a misprinted telephone number in a newspaper department store ad, thinking she was calling Santa.A fast-thinking Shoup quickly assured his caller that he was. And the tradition began.Today, most early calls come from Japan and Europe, and as the day goes on the callers from the U.S. and Canada climb.Besides the call center, the NORAD Tracks Santa website — noradsanta.org — as well as social media pages, Amazon Alexa, Onstar and a new mobile app will still be available with up-to-the-minute details on Santa’s location. A social media team will operate from a separate conference room at the base.The tracking Santa apps will soon be available on Google Play and the Apple App Store. 3085
CHULA VISTA, Calif. (KGTV) -- The Port of San Diego and City of Chula Vista reached a milestone today, approving the financial agreement for the Chula Vista Bayfront resort hotel and convention center project."It's taken us 30 years to get to this day, and it's certainly worth it," Chula Vista Mayor, Mary Casillas Salas said. Officials also authorized a revenue-sharing agreement between the two agencies.The entire project will cost .1 billion. Of that, RIDA Developement will invest 5 million. The city and the port authority will pay for a combined 0+ million. Port commissioners said it is a large investment for an even larger long-term reward. "As far as what we'll get back, we will see an immediate impact by the fact that it's going to create 10,000 construction jobs, and it's going to put about a billion dollars in the local and regional economy," Moore said. RELATED: South Bay residents get an idea of massive bayfront developmentIn August of 2017, the City gave residents a better idea of what the Bayfront will look like in the next 20 years.The anchor for the Bayfront is set to be a .1 billion resort hotel and convention center that the city says will be built by Houston-based RIDA Development.The current Chula Vista RV Park will also move roughly a mile away to make room for construction. The Port of San Diego is also finalizing plans to replace it with a new RV park.RELATED: First new development in decades expected on Chula Vista's Bayfront?According to the city, the project is entitled for 600,000 square feet of restaurant, retail and marina use and nearly 3,000 hotel rooms.The city says the Bayfront is also designed to create new public parks. Planned improvements include 70 acres of new parks, 120 acres of open space and shoreline promenade.Watch a video of the planned development in the player below:Check out the timeline below to see some of the big events in the history of the proposed development: 2007