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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - More than 15,000 runners are expected in Balboa Park on Sunday for the 21st annual Susan G. Komen San Diego Race for the Cure.The event will raise funds for Komen's breast cancer programs, including mammography, financial assistance to patients and meal delivery.An opening ceremony is scheduled for 7:30 a.m., and the 5K run and 1K walk/run begin at 8 a.m. at Sixth Avenue and Palm Street on the west side of Balboa Park.According to Komen, six women a day are diagnosed with breast cancer in San Diego and one dies daily from the disease.However, the survival rate is nearly 99 percent if the most common form of breast cancer is detected early, Komen officials said. Many of the organization's programs, such as free mammograms for low-income women, are aimed at finding the disease as soon as possible.A closing awards ceremony will take place after the run.Online registration is closed. In-person registration is available Saturday from 10 a.m. to 2 p.m. at the race site, and Sunday beginning at 6:30 p.m. 1038

SAN DIEGO (CNS) - City officials broke ground Monday on the Bay Terraces Senior Center, a project that local residents have advocated for since the 1990s. Mayor Kevin Faulconer and Councilmembers Monica Montgomery and Chris Cate were on hand to mark the beginning of construction on the 3,400-square-foot facility. Once completed, the million senior center is set to include amenities such as a multipurpose room and a commercial kitchen. The facility will serve seniors in Paradise Hills, Bay Terraces and Skyline, according to the city. ``A decade ago, city leaders laid down a thin layer of gravel in preparation for a senior center in southeastern San Diego that was promised but never delivered,'' Faulconer said. ``Today we are making good on that promise and building a center that will be as great as the communities it will serve.'' Faulconer revived the project in 2016 and city officials expect it to be the city's first building to produce as much energy as it uses by leveraging solar panels on the facility's roof. According to the city, the project is partially funded by the U.S. Department of Housing and Urban Development's Community Development Block Grant program. ``This project illustrates the hard work and power of our community to organize and hold elected officials accountable,'' Montgomery said. ``We are pleased to see the Bay Terraces Senior Center start construction and we look forward to the grand opening and visiting the center for many years to come.'' City officials expect the facility to be completed in October 2020. 1567

SAN DIEGO (CNS) - Military officials are preparing to transfer the remains of seven U.S. Marines -- including one from Montebello -- and a Navy sailor to Dover Air Force Base in Delaware over the next few days to be prepared for burial.The remains were recovered Friday after the Marines went missing near San Clemente Island when their amphibious vehicle sank during a training mission last month."Our hearts and thoughts of the 15th Marine Expeditionary Unit are with the families of our recovered Marines and Sailor," said Col. Christopher Bronzi, commanding officer of the 15th Marine Expeditionary Unit. "We hope the successful recovery of our fallen warriors brings some measure of comfort."Marine and Navy pallbearers will place the remains aboard an aircraft bound for Dover AFB in a solemn transfer, officials said. From Dover AFB, their remains will be released to their families in accordance with their wishes.RELATED: Remains of missing Marines and Sailor recoveredThe transfer of remains will not be open to the public.A group of service members and supporters went on an 8-mile hike Saturday morning in Carlsbad to honor the Marines and sailor.The U.S. military announced Tuesday it had located the amphibious assault vehicle that sank last week off the coast of San Diego County, killing the nine young servicemen, and confirmed the presence of human remains where the vessel came to rest on the sea floor.The naval Undersea Rescue Command made the discovery near San Clemente Island on Monday using video systems remotely operated aboard the HOS Dominator, a merchant vessel whose crew specializes in undersea search and rescue.The amphibious troop-transport vehicle was en route to a waiting ship during a maritime training mission about 80 miles west of Encinitas when it foundered for unknown reasons about 5:45 p.m. July 30, according to Lt. Gen. Joseph Osterman, commanding general of the 1st Marine Expeditionary Force.The 26-ton vessel went down roughly 1,600 yards from a beach on the northwest side of the island in water nearly 400 feet deep.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical condition. One was later upgraded to stable condition.The other five rescued Marines received clean bills of health and returned to their units.Pronounced dead at the scene of the accident was Lance Cpl. Guillermo S. Perez of New Braunfels, Texas. Perez, 20, was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, I MEF and Makin Island Amphibious Ready Group searched in vain for nearly two days for more survivors or their bodies, finally concluding the operation Aug. 1 after 40 hours of scanning some 1,325 square miles of water by sea and air.The other lost service members have been identified as:-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEU.-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU; andCNS-08-09-2020 05:54 3719

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