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SAN DIEGO (CNS) - A San Diego judge granted a preliminary injunction Friday sought by Hall of Fame horse trainer Jerry Hollendorfer against the Del Mar Thoroughbred Club, which banned Hollendorfer from participation in the wake of a spate of horse deaths.Hollendorfer, 73, was banned last month from Del Mar and sought legal intervention to allow him to participate at this summer's racing season.He argued that Del Mar officials did not provide an adequate reason for precluding him from racing. The complaint alleges that he was notified on June 28 that he wouldn't be assigned stalls because of "PR risks and considerations."RELATED: 2 horses killed in collision during training at Del Mar RacetrackIn his written ruling, Judge Ronald F. Frazier ruled that Del Mar "arbitrarily" denied Hollendofer's stall application without providing him a hearing on the matter.In court, Frazier noted that there was no definitive link tying Hollendorfer to the horses' deaths.Thirty horses died at Santa Anita during its most recent meet that started in late December and ended in late June. Four of the those horses were under Hollendorfer's care.Hollendorfer also has been banned by the Stronach Group, which owns the Santa Anita racetrack, as well as the New York Racing Association.RELATED: Del Mar Thoroughbred Club upgrades horse safety for 2019 racing seasonJ. Christopher Jaczko, representing the Del Mar Thoroughbred Club, argued that whether or not Hollendorfer could be connected to the horses' deaths, Del Mar's decision to exclude Hollendorfer was a valid business decision based on the negative publicity Hollendorfer could bring."Mr. Hollendorfer's record over the past six months in California is problematic," Jaczko said.He alleged that banning Hollendorfer was also in the interests of horse safety and not just to avoid bad publicity. However, had avoiding negative publicity been the sole reason for the ban, Jaczko contended that would be a rational business justification on Del Mar's part, particularly with the heightened scrutiny the horse racing industry is currently facing."We're not saying he did anything to kill those horses. We're saying that in the best interest of our business, we don't want the attention, we don't want the clamor that we're not doing everything we can to change business as usual," Jaczko said.Jaczko also said the ban does not cause "irreparable harm" to Hollendorfer, as he has the ability to participate in other races, including several ongoing and upcoming races in California.Talking to reporters outside the courtroom, Hollendorfer said he was "very grateful" that Frazier ruled in his favor."I've lost an awful lot of business because of this," said Hollendorfer, who was not sure when he would begin participating in the Del Mar racing season.Hollendorfer said he had confidence in his training methods, but would be open to recommendations to improve horse safety."I would guess my stable does more with horses every day than any other stable that I know of," Hollendorfer said. "We examine every horse every day from head to toe. We take them out of their stalls and jog them down the road and make sure that they're sound before we even consider taking them to the racetrack. I think that we're doing plenty to ensure the safety of our stable and if somebody else has another suggestion how to do more, than I'm certainly willing to listen to somebody's opinion on that."Hollendorfer's attorney, Drew Couto, said his record with equine fatalities was not as severe as Del Mar claimed, and laid blame to Stronach Group racetracks, identifying them as the common denominator in the deaths of horses under Hollendorfer's care."Where did (Hollendorfer) have equine fatalities? He had them at Stronach group racetracks," Couto said. "They were horribly managed in our opinion this last year and that's the cause of these issues."Couto did not make any definitive statements regarding any legal steps towards contesting Santa Anita's ban."One step at a time," Couto said. "We had to take care of this issue. They (Santa Anita) are certainly on our radar and probably next up."Another status conference in the Del Mar case is slated for Oct. 25 in Frazier's courtroom. 4226

SAN DIEGO (CNS) -- A San Diego man who allegedly had Molotov cocktails in his possession at last month's La Mesa police brutality protest is facing federal charges, the U.S. Attorney's Office announced Tuesday.Zachary Alexander Karas, 28, is charged with possession of an unregistered destructive device for allegedly having two glass bottles containing gasoline and wicks while at the protest, which began May 30 and carried over into the morning of May 31.According to the charging document, officers spotted Karas and his girlfriend sitting on the pavement at the corner of Allison Avenue and Spring Street at around 2 a.m. May 31.Karas was arrested for not leaving the area after dispersal orders were given by law enforcement, following the declaration of an unlawful assembly, according to the complaint.In an interview with law enforcement, Karas allegedly said "he brought the Molotov cocktails to the protest at the police station because he intended to use the Molotov cocktails to set fires, but ultimately did not cause any fires."Fires were set at the Chase and Union Bank branches and Randall Lamb Associates building near the site of the protest, but the complaint does not allege Karas set any of the fires sparked following the protest."The Constitution strongly protects the First Amendment right of all to speak out and peacefully protest," said U.S. Attorney Robert Brewer. "My office is committed to protecting that First Amendment right."Violence, however, by a relatively small number of opportunists who sought to wreak havoc, destroy property, and threaten the safety of peaceful protesters will not be tolerated." 1647

SAN DIEGO (CNS) - County health officials confirmed a diagnosis of infectious pulmonary tuberculosis in a San Diego International Airport employee Friday but stressed that the risk of public exposure is considerably low.Officials with the county Health and Human Services Agency determined the potential exposure period to be Jan. 1 to May 29 in an area of the airport that the public cannot access. County health officials also found no evidence of the disease being transmitted from the employee to any close contacts.County officials said they are in the process of notifying employees of Southwest Airlines, G2 Secure Staff LCC and the San Diego County Regional Airport Authority about the possible exposure. Affected employees were being advised to talk to their employers for more information."In most cases, a person has to be in close contact with someone who has TB for a long period of time to be at risk for getting TB,'' said Dr. Dean Sidelinger, the county's interim deputy public health officer. "In this case the employee does not spend significant time in any given area, had minimal close contact with employees and contact with members of the public was limited to short periods of time.''Tuberculosis is generally transmitted through the air or via contact with an infected person. Roughly one-third of those exposed to the bacterial disease will develop it, according to the HHSA, but most avoid infection. Tuberculosis symptoms can include a persistent cough, fever, night sweats and unexplainable weight loss.Due to the low risk of exposure, county health officials did not indicate that they plan to offer testing to airport staff. However, Sidelinger advised residents to be aware of the disease's symptoms and seek early treatment when applicable.Residents can contact the county's tuberculosis control program at 619-692-8621 or visit the program's website at sandiegocounty.gov/hhsa/programs/phs/tuberculosis_control_program for more information on the disease. 1996

SAN DIEGO (CNS) - A San Diego-based telemarketer was fined nearly million by the Federal Communications Commission Wednesday for making more than 47,000 robocalls over a two-day period leveling false accusations against a local state Assembly candidate and manipulating caller ID information to appear as though a competitor was making the calls.Kenneth Moser and his company, Marketing Support Systems, were fined ,997,750 for making the calls on May 30 and May 31, 2018, about one week prior to the primary election, in which Philip Graham unsuccessfully sought to represent the 76th Assembly District.Shortly before the primary, a woman accused Graham of kissing her against her will in an Encinitas bar, triggering a sheriff's department investigation that concluded the claim was unfounded. Nichole Burgan, the woman at the heart of the allegation, later pleaded guilty to filing a false report.According to the FCC, the robocall messages repeated Burgan's claim and caller ID information was manipulated to make the calls appear as though they originated from another telemarketing company, HomeyTel, described as a competitor to Moser's company. As a result, HomeyTel received "a multitude of angry complaints" from people who received the calls, as well as a cease-and-desist letter from Graham, according to the FCC.The agency said 47,610 robocalls were made during the two-day period, with multiple calls sometimes sent to the same recipients.The calls violated the Truth in Caller ID Act prohibiting manipulation of caller ID information -- otherwise known as spoofing -- with the intent to defraud, cause harm or wrongfully obtain anything of value, according to the FCC. 1697

SAN DIEGO (CNS) - A man who fired a pellet gun at Navy SEAL instructors and trainees conducting a nighttime training exercise near Liberty Station was sentenced on Thursday to a year in jail.Scott Douglass Weaver, 48, pleaded guilty last month to making an attempted threat on a witness and brandishing a replica firearm.Because of credit for time already served, Weaver will spend about 80 more days in local custody before being released, authorities said.Dispatchers received a report of a man shooting at Navy officers shortly before 10:45 p.m. on July 23 in the 2500 block of Laning Road and Weaver was arrested. No military personnel were injured, according to the Navy.Police did not say if Weaver had a motive for firing at the SEALs or if he was even aware of who he was shooting at.In light of the shooting, the Naval Special Warfare Command said it would evaluate its training procedures. Prospective SEALs are known to train in Coronado, the Silver Strand and areas in San Diego Bay. 1003

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