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SAN DIEGO (CNS) - Councilwoman Barbara Bry jumped into second place Monday in the San Diego mayoral primary election, leapfrogging over Councilman Scott Sherman.The two candidates with the most votes will head to the general election in November, so depending on the final vote count, San Diego voters could be faced with a choice between presumptive front-runner Assemblyman Todd Gloria, a Democrat, and Republican Sherman -- or another Democrat in Bry.The latter option would guarantee San Diego its first Democrat mayor since Bob Filner resigned in 2013 and just the second Democrat elected to the nonpartisan position -- several Democrats served as interim mayors in 2005 and 2013 -- since Maureen O'Connor stepped down in 1992.Bry currently leads Sherman by just nine votes out of 338,673 counted in the race so far -- or .0026% of the vote.With a projected 37,000 provisional ballots left to be counted, and with Sherman's election-night lead of more than 3,000 votes officially made up, the race could prove exceedingly close.If Bry were to gain votes at the same rate as Monday -- which is far from assured -- she would win by just under 500 votes.In the race for City Council District 1, Will Moore maintained his lead over Aaron Brennan for second place. He holds nearly a 730-vote advantage to be in the November general against Joe LaCava.In Council District 3, Toni Duran increased her lead over Chris Olsen and is all but assured of facing Stephen Whitburn in the general election. 1503
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) - As San Diego County heads into a "Halloweekend," public health officials are urging members of the public to practice COVID-19 protocols -- including avoiding large gatherings such as Halloween parties and door-to-door trick-or-treating."These activities involve face-to-face interactions with people from different households," said Dr. Wilma Wooten, the county's public health officer. "If a COVID-19 infection is detected among a participant, it will be very difficult to find and notify those who may have been exposed."These traditional Halloween celebrations are not advised, and large gatherings are not allowed, under state or local health guidance. The county has reported dozens of community outbreaks in the past week.Wooten said some alternate activities to make sure children can have a safe and fun holiday include:-- Online parties/contests such as costume or pumpkin carving-- Drive-through events and car parades-- Decorating up homes and yards with Halloween-themed decorations-- Movie nights with household members or at a drive-in theater-- Pumpkin patches where people use hand sanitizer and maintain 6-feet of distance from others"Please be safe and stay healthy this Halloween weekend," Wooten said. "A boo and a cackle can be great fun, but COVID is definitely not."A full list of county recommendations for what -- and what not -- to do over the Halloween weekend can be found at https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/Halloween%20Guidelines%2010.15.20.pdf 1546
SAN DIEGO (CNS) - A Riverside County woman is facing a maximum penalty of 20 years in prison and a 0,000 fine for smuggling 20 containers of an unregistered Mexican pesticide across the border into the United States, according to the U.S. Attorney's Office in San Diego.Veronica Perez, 40, of Hemet, was convicted Wednesday following a three-day jury trial in San Diego federal court for concealing zinc phosphide in her purse as she attempted to cross the U.S.-Mexico border on July 11, 2019.Ingestion of small amounts of zinc phosphide, which is used to kill rats, mice and other small animals, can cause death in humans, according to the U.S. Environmental Protection Agency, which says seven drops to one teaspoon of the chemical "would likely kill a 150-pound person."Special Agent in Charge Scot Adair of the EPA's Criminal Investigation Division in California said, "The pesticides involved in this case pose serious public health and environmental dangers. The verdict in this case demonstrates that individuals who intentionally violate smuggling and environmental protection laws will be held responsible for their crimes."A sentencing date was not immediately announced. 1192
SAN DIEGO (CNS) - It was a big day for Democrats running for San Diego City Council.Tuesday's election brought about major change on the council, with five new faces joining the nine-member panel.While council races are technically nonpartisan, in recent years, council decisions have broken largely along party lines, with conservatives regularly outnumbered.-- In District 1, which has been represented by Democrat-turned-mayoral candidate Barbara Bry since 2016, Democrat Joe LaCava, a civil engineer and business owner, defeated small business attorney Will Moore, 61.8% to 38.2%.District 1 includes La Jolla, Del Mar Heights, Carmel Valley and University City.-- In District 3, Councilman Chris Ward vacated the seat to run for state Assembly. A Democrat, Ward has served since 2016. Democrat Stephen Whitburn, a community nonprofit director, defeated fellow Democrat Toni Duran to claim the seat.District 3 represents Balboa Park, Hillcrest, Downtown San Diego, North Park, Old Town, Normal Heights, Golden Hill, Little Italy and University Heights.-- In District 5, Democrat Marni von Wilpert, a deputy city attorney, defeated Republican Joe Leventhal, an attorney and small business owner. That gives the Democrats another seat on the council, replacing Mark Kersey, an independent who votes with his more conservative colleagues as often as he votes with the progressive ones. He has served since 2012 and has termed out.District 5 represents Black Mountain Ranch, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch and Torrey Highlands.-- In District 7, Republican Scott Sherman has termed out. He ran for mayor and finished in third place in the March primary. Democrat Raul Campillo, a deputy city attorney, defeated Republican Noli Zosa, a small business owner.District 7 represents north-central and northeast San Diego, including Mission Valley, Linda Vista, Serra Mesa and Tierrasanta.-- Lastly, District 9 is being vacated by current Council President Georgette Gomez as she runs for California's 53rd Congressional District. Democrat Sean Elo-Rivera, a San Diego Community College District Board of Trustees member, will take over the seat following Tuesday's election. Elo- Rivera's only competitor, community outreach director and fellow Democrat Kelvin Barrios, suspended his campaign in early September after admitting misuse of funds while serving as the treasurer for the San Diego County Young Democrats.District 9 covers east-central San Diego, including Kensington, College Area, City Heights and Southeastern San Diego.The new council will face a raft of major issues. An ongoing fight against climate change, high levels of homelessness and lack of affordable housing, a utility franchise agreement, monumental transit developments, the ramifications of bad property deals and tangling with what role police should play in society are all on the docket in coming years.However, far and away the most important issue for the region is and likely will remain the effects of the COVID-19 pandemic, which has killed hundreds, badly sickened thousands, cost tens of thousands of jobs, decimated the tourism and hospitality industry and created financial insecurity for thousands of residents.Tackling the issues will fall to the council victors, along with a new mayor, new city attorney and incumbent council members Jennifer Campbell, Monica Montgomery Steppe, Chris Cate and Vivian Moreno. 3424