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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 firefighters found themselves in an unusual position Thursday, battling flames inside a city water tower. The fire broke out as crews were demolishing the tower on federal property in Point Loma. Officials said some of the materials the demolition team was using to cut the tank apart caught the scaffolding on fire. “The wind today drove that fire and blew it very quickly,” a firefighter told 10News. With much of the tower covered in plastic, firefighters had to go inside, climbing through scaffolding with their hoses. “The potential for three rescues and the hook and ladder trucks out here, I thought maybe this is a serious event but they seem to have it completely under control,” said neighbor Casey Schnoor. Firefighters spent the afternoon hosing down the rest of the tower as a precaution. 839
SAN DIEGO (KGTV) — San Diego Mayor Kevin Faulconer, Police Chief David Nisleit, and city councilmembers announced Monday that police would stop the use of a hotly criticized use-of-force technique.Nisleit says he will direct officers in a memo Tuesday to end the use of the carotid restraint procedure, following a weekend of nationwide protests against police violence.“It’s the right thing to do for the community and it’s the right thing to do for our officers," Chief Nisleit said. “Some will say it’s taking away a tool, I say it’s adding a layer of protection."According to the City of San Diego, the department joins a growing number of agencies throughout the nation that have halted the use and training of the carotid restraint. RELATED STORIES: Gov. Newsom condemns looters taking advantage of legitimate protestsLooters smash windows, rob stores in downtown San DiegoCities throughout San Diego County enforce curfew following La Mesa riots “I started evaluating this policy last week following the terrible events in Minneapolis, and believe now is the right time to make this change. Effective immediately, I have placed a stop on the use of the carotid restraint among our Police Department. I have heard from the community and the department wants to work toward strengthening our community partnerships to keep all San Diegans safe," Chief David Nisleit added.When asked if the San Diego Sheriff's Department would follow the same move, Sheriff Bill Gore told 10News that the department would continue to allow the restraint method."I want to give me deputies as many less lethal options as I possibly can. And I'm reluctant to take an option like that away because when it's applied properly, it's probably one of the most effective tools we can use out there," Sheriff Gore said. "The alternative would be a use of force impact weapon, like a club, Tazers — which carry with their own danger with them ... I think it's frequently confused when you see incidents like in Minneapolis."Councilmember Monica Montgomery applauded the move as a much-needed first step in action to provide police reforms.“I am thrilled with this tangible action taken by Mayor Faulconer and Chief Nisleit to ban the use of the carotid restraint. The in-custody death of George Floyd, that sparked nationwide outrage and protest, has further underscored the need for accountability and transparency measures," Montgomery said. "Community organizations, such as the Racial Justice Coalition, the NAACP and the Coalition for Police Accountability and Transparency have long advocated for the ban on this — sometimes deadly — use of force."Mayor Kevin Faulconer has also directed three city advisory bodies to hold emergency meetings to discuss the strengthening of community and police relations. The bodies will also discuss de-escalation policies, according to the city. “We are watching the hurt and pain so many people are expressing after the tragic death of George Floyd, and are committed to taking new actions to make sure something like this doesn’t happen in San Diego,” Mayor Faulconer said.“That starts today with the police chief’s decision to immediately stop this particular restraint that has led to so much concern and frustration by many in our minority communities. I want to thank Chief Nisleit for listening to those demanding justice and doing the right thing," he added. The news comes after protests turned to riots in both San Diego and La Mesa over the weekend. Of the 97 people arrested at San Diego protests Sunday, Nisleit said about a quarter of the individuals were from out of town. No further details were provided about where the protesters were specifically from. 3700
SAN DIEGO (KGTV) - San Diego Police are looking for two suspects witnesses say were part of a brutal attack where a man beat another man to the ground and hit him in the head with a sledgehammer.Robert Kern was driving on his way to run errands around 2:45 p.m. when he saw a man with long blonde hair pulled into a ponytail, wearing a black shirt and jeans, start attacking another man.He said the men were in the middle of the intersection of the Westbound 94 on-ramp at Kelton Road. Kern said the man punched and kicked the other man to the ground, then used a sledgehammer, hitting the man's head.Kern said a good Samaritan stepped in and broke up the fight, that's when Kern snapped a couple photos for police and called 9-1-1.The man who was attacked was taken to a local hospital. Inside the ambulance the man was writhing in pain. Police said he was drunk and will be released Sunday night.Kern said the area is well known for homelessness and it's sad to see violence like that.Police are asking for the public's help in identifying the two people in the picture, if you have any information you can call anonymously at (888) 580-8477. 1172
SAN DIEGO (KGTV) - San Diego Police are asking for the public's help in locating a hit-and-run driver who ran over a pedestrian in a wheelchair in the East Village.Police said the pedestrian, a 47-year-old female who was in a wheelchair, was run over at the intersection of F Street and Park Boulevard just before 4 a.m. Saturday. The woman suffered serious but non-life threatening injuries.The vehicle - described as a silver, newer model, SUV - stopped momentarily after running over the woman and her chair, before driving off westbound on F St., police said. The driver then turned northbound on 11th St. and was last seen driving eastbound on E St.Police said the suspected SUV has chrome rims, a tinted sunroof, and possibly tinted windows. The vehicle likely has front-end and undercarriage damage as well.Anyone with information is asked to call SDPD's Traffic Division at 858-495-7823 or Crime Stoppers at 888-580-8477. 947