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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 (CNS) - A convicted sex offender's potential release from a state hospital and subsequent placement in Jacumba Hot Springs drew a substantial crowd to a downtown San Diego courtroom Friday, which included the inmate's victims and others opposing his placement in eastern San Diego County.Alan Earl James, 56, was convicted in 1981 and 1986 of numerous sex- related felonies involving several minor victims -- which included James' younger relatives-- and sentenced to 28 years in state prison.James, who is classified as a "sexually violent predator," was committed to Coalinga State Hospital, where he was undergoing treatment "for an indeterminate term," until he petitioned for a monitored conditional release last summer, prosecutors said.The California Department of State Hospitals have proposed to place James at 45612 Old Highway 80 in Jacumba Hot Springs, a property under the jurisdiction of the San Diego County Sheriff's Department staffed by sheriff's deputies that previously housed sexually violent predators.San Diego County Superior Court Judge Albert Harutunian -- who recommended James' integration into the conditional release program last fall based upon the evaluation of psychiatric experts -- said he understood the public's opposition to James' release, but said citizens would be better suited directing their concerns towards the legislature, which determines sentencing guidelines and penalties for offenders.Nonetheless, several speakers that included James' relatives victimized as children, spoke of their fears that James would re-offend, even if released to a supervised facility.Robert N., who now lives on the East Coast, said he flew 3,000 miles to make his voice heard regarding James' release. He said James held a butterknife to his neck and threatened to kill him if he told anyone about the abuse, which happened to him and his siblings more than 30 years ago."My biggest fear is that this time, he'll end up killing a kid," he said. "I understand that he's going to be monitored and all that, but eventually, there's going to come to a point where someone's going to turn their head or something and not be paying attention and that's where he's going to end up striking."Robert N.'s sister, who went by L.N. while speaking to the court, said James assaulted her when she was four years old, and urged Harutunian to have James placed in a facility apart from communities where children and families live."I feel he will re-offend given the opportunity," she said.Following his conviction and release for abuse committed against her and her siblings, L.N. said James assaulted another girl and was convicted again."I understand he has to be released. However, he just does not need to be in the community of San Diego. I no longer live in San Diego. However, I still have family here, family that are children, as well as adults, and will all be impacted by this. I just fear that he will hurt another child and I don't want that to ever happen again."County Supervisor Dianne Jacob, whose district includes Jacumba Hot Springs, said the rural communities of eastern San Diego County have experienced "an over-concentration" of sexually violent predator placements and have become "easy pickins" for the placement of sex offenders.According to Jacob, nine sexually violent predators have been placed in Jacumba Hot Springs, Campo and Boulevard."There are not the resources, there are not the services out there (in the East County) in order to support the ongoing treatment of sexually violent predators, yet the state has chosen to place nine of these in these communities anyway, and I believe it's wrong and enough is enough," Jacob said.Harutunian said he wanted to take time to consider the options for placement and would render a written decision on the matter at a later time.Mary Taylor, a victim of sexually violent predator Alvin Ray Quarles, also known as the "Bolder-Than-Most" rapist, said she felt the decision to release James without notifying his victims should be considered a violation of the California Victims' Bill of Rights, otherwise known as Marsy's Law.State law only requires victims be notified when hearings regarding placement are held, not for proceedings considering a potential conditional release.Quarles recently was recommended for placement into a conditional release program at a facility in Jacumba Hot Springs, but the decision to release him will be reconsidered during an evidentiary hearing tentatively slated to begin in May. 4529

SAN DIEGO (AP) — More than 30 migrants have tested positive for influenza at a major processing center where a flu-stricken teenage boy died, the latest evidence of growing public health threats posed by inadequate facilities to deal with a surge of families and children reaching the U.S. border.It was unclear if anyone ill came in contact with a 16-year-old Guatemalan boy who was held at the facility in McAllen, Texas, and died Monday, a day after he was diagnosed and transferred to a smaller station. Carlos Hernandez Vasquez was detained for six days, twice as long as generally allowed by U.S. law.The processing center is a converted warehouse that holds hundreds of parents and children in large, fenced-in pens that gained international attention last year when it held children separated from their parents. The government closed the facility after the flu outbreak, sent in cleaning crews to disinfect the building and plans to reopen it soon.RELATED: Border officials say migrants from Texas being transferred to San DiegoThe 32 sick children and adults have been quarantined at a smaller processing center, according to a U.S. Border Patrol official who spoke with reporters on condition of anonymity because there is an ongoing investigation. Their ages were unknown.Since December, five children have died after being apprehended by border agents, putting authorities under growing pressure and scrutiny to care for migrant children. Kevin McAleenan, the acting Homeland Security secretary, came under withering criticism Wednesday from a Democratic lawmaker who called the administration's actions with children "inhumane."The Department of Health and Human Services, which cares for unaccompanied migrant children, said Wednesday that a 10-year-old girl from El Salvador died last year after being detained by border authorities in a previously unreported case. The girl died Sept. 29 at an Omaha, Nebraska, hospital of fever and respiratory distress, officials said.RELATED: Flu-related illness stops intake at Texas border patrol centerThe department began caring for the unidentified girl in March 2018, said spokesman Mark Weber, who described her as "medically fragile," with a history of congenital heart defects.With the government running out of space to hold migrants, the Trump administration has been taking dramatic steps to keep up with the influx.The Defense Department said Wednesday that it will provide temporary housing for at least 7,500 men and women who are taken into custody by immigration officials along the border. It will loan tents to the Department of Homeland Security, which will manage the camps.The Defense Department will evaluate six potential sites over the next two weeks: Tucson and Yuma in Arizona and Tornillo, Donna, Laredo and Del Rio in Texas. Tornillo, near El Paso, is where unaccompanied children were housed last year.The Pentagon said military personnel will only erect the tents and won't be involved in operations.The 77,000-square foot (7,155-sq. meter) processing center in McAllen is modeled after a similar facility in Nogales, Arizona, built for an influx of Central Americans in 2014. It has separate pods for boys and girls who came alone and parents with their young children.Some older children are split from their parents to avoid having them mix with much younger children.Texas's Rio Grande Valley, which includes McAllen, is the busiest corridor for illegal crossings. The Border Patrol made 36,681 arrests in the area in April, nearly three of every four coming in family units or as children traveling alone.Border Patrol agents have averaged 69 trips to the hospital a day since Dec. 22 and about 153,000 hours monitoring detained population at hospitals, the official said.Authorities have also cleaned other holding facilities in South Texas, including Brownsville, Corpus Christi, Kingsville and highway checkpoints.Migrants are not being vaccinated at Border Patrol stations, but they may be when hospitalized, the official said. The Border Patrol is offering vaccines to agents working.A previous headline indicated the border center was located in San Diego. This is not the case. The headline has been updated to reflect the correct location of the border center. 4265

SACRAMENTO, Calif. (KGTV) -- The California Assembly has voted to ban the manufacture and sale of new fur products.Animal welfare groups have rallied around the bill, arguing the fur industry is inhumane and pointing to alternatives like faux fur.But opponents of the bill have countered that the proposed law would devastate fur retailers and manufacturers.Some California cities, including Los Angeles, San Francisco and Berkeley, have already passed ordinances banning the sale of fur.The New York City council has also considered banning fur sales in America's biggest city.The bill would not include used fur products or furs used for traditional purposes. Leather, cowhide and shearling would be exempt, too.The measure, Assembly Bill 44, now goes to the state Senate. 782

SAN DIEGO (CNS) - A class-action lawsuit has been filed against Legoland and its parent company for allegedly not providing refunds after the Carlsbad theme park was closed to the public due to the COVID-19 pandemic.The suit was filed Monday in San Diego federal court on behalf of Los Angeles County resident Joyce Case against Merlin Entertainments Limited, which operates Legoland, Tussauds Hollywood, Tussauds San Francisco, the San Francisco Dungeon and Legoland Florida.The suit alleges Case purchased tickets to Legoland for a March 21 trip and ended up "one of the many consumers stuck with tickets to a canceled event who has been unable to obtain a refund," according to the complaint.Legoland representatives could not immediately be reached for comment.RELATED:San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopeningThe suit seeks refunds for all customers who paid for tickets, memberships and vacation packages that have since been canceled due to COVID- 19, and damages to compensate customers "for the loss of use of their money during a time when cash is at a premium for the many families targeted by Defendants that are struggling to get by."The complaint states that the terms and conditions of agreements to purchase tickets to Legoland and other Merlin Entertainments Parks hold that if events are canceled, refunds must be paid."Closing of these venues, and cancellation of these events, should have meant that ticketholders were promptly refunded their money -- money that in many cases was very much needed for other purposes," the complaint states. "But that did not happen for customers, who bought tickets, memberships, and vacation packages for Defendants' attractions. Instead, Defendants failed to honor and perform their duties, responsibilities, and obligations under their uniform standardized agreements with their customers, thereby breaching their contracts, but nonetheless pocketed their customers' money and converted it for their own use."A similar class-action lawsuit was filed against SeaWorld last month in San Diego federal court. In that suit, SeaWorld is accused of continuing to charge monthly membership fees to customers during the park's closure. 2329

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