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SAN DIEGO (KGTV) - Two women who worked as massage therapists at the Grand Del Mar are suing the resort’s parent company, claiming the spa allowed them to be sexually harassed by male clients. Christina Murphy and Madeline Flores made allegations this week of sexual harassment, failure to prevent harassment, wrongful termination, and retaliation against FHR GDM Hotel Management Company LLC. The women’s claims involve two spa clients, Steve Hodsdon and Juan Pablo Mariscal, who the women say made inappropriate advances during scheduled massage appointments. The Grand allowed clients to disregard protocols for keeping themselves covered and repeatedly exposed themselves to therapists, according to a court document filed by the women’s attorney. The male clients also made sexually suggestive comments and gestures and propositioned their therapists for sexual favors, the document said. The legal complaint also details issues Flores and Murphy said they addressed to the spa’s lead massage therapist, manager, director, and human resources representative. The Grand “ignored the complaints and tried to brush them under the rug to keep these male clients coming to the Spa,” the document reads. Both Flores and Murphy used administrative channels to make complaints in Aug. 2018, filing sexual harassment complaints with the California Department of Fair Employment and Housing. On Feb. 26, 2019, Murphy and Flores amended their complaints to include a claim of construction discharge in violation of FEHA or wrongful termination, respectively, and the DFEH closed their cases. The women say they suffered emotional distress, mental anguish, nervousness, grief, anxiety, worry, shock, humiliation, and shame.In a statement sent to 10News, Murphy said, "From the beginning, the Grand Del Mar makes it clear that as massage therapists, we should feel privileged to work on such high-end clientele. This creates a power differential where the guests have all the power and the therapists are powerless to challenge inappropriate conduct. The sexual intimidation by these male clients caused me so much fear – fear of what these men were capable of and fear of retaliation by the Grand for reporting them. But I had to speak up to protect myself and my coworkers. When it became obvious that the Grand was not going to protect me, I did the only thing I knew would keep this from happening to me again – I quit."Flores said in the same statement, "What happened to me and Christina never should have happened. The Grand should have taken action to stop this harassment the first time it received complaints about these men. But the Grand did nothing and we ultimately paid the price. The Grand made me feel unsafe at work when they were supposed to be the ones to protect me. This was a profession that I went to school for and that I loved, and now, I have lost my passion for it. I was scared to come forward but ultimately, I felt I had to come forward because I do not want what happened to me to happen to other massage therapists."Their attorney, Alreen Haeggquist, with Haeggquist & Eck, LLP said, “The law is simple and straightforward: an employer has a duty to protect its employees from harassment. But in the face of multiple detailed complaints by its female massage therapists over a period of years, the Grand has chosen to instead protect the perpetrators. The Grand has made a clear choice: the tens of thousands of dollars its predatory male clients spend at the Hotel is far more important than the safety of its female employees. For the right amount of money, the Grand will ignore clients who remove all draping, grind on the massage table, expose their erect penises and ask its therapists for prostate massages. Over the past few years, the Grand has refused to accept any responsibility for its systemic failures. They have had multiple opportunities to do the right thing and protect their female massage therapists – and time after time, they’ve failed to do so. Well, time’s up.”The plaintiffs believe no fewer than six massage therapists may have been victimized, the court document says. The hotel responded in a statement of its own, "Fairmont Grand Del Mar acts diligently to investigate employee complaints and is confident that there was no wrongdoing by the hotel in connection with this matter. The safety of our guests and our colleagues is a top priority and providing a healthy work environment remains paramount. As this matter is currently in litigation we are not able to further comment."10News attempted to speak with Hodsdon and Mariscal and were turned around at the gate to their neighborhood. 10News also attempted to contact Hodsdon at his workplace and he was not there. 4736

SAN DIEGO (KGTV) -- Uber Eats will begin testing a new service that will deliver food using drones in San Diego, the company announced Wednesday. Uber and San Diego were granted the winning bid by the Federal Aviation Administration last year to test the new delivery service, according to the company. Here’s how Uber says the system will work: After a restaurant loads the meal into the drone and the drone takes off, a system will notify a nearby Uber Eats delivery partner to meet the drone at a drop-off location. The orders will then be picked up and hand-delivered to customers. RELATED: Juniper & Ivy ranked among best restaurants in the US for a night outIn the future, Uber Elevate plans to enable the drones to land atop parked vehicles within its rides network near delivery locations before the food is picked up and hand-delivered. The company says the initial phase of testing in San Diego was done with McDonald’s, but that it will be expanded later this year to include more restaurants, including Juniper and Ivy. “We’ve been working closely with the FAA to ensure that we’re meeting requirements and prioritizing safety,” said Luke Fischer, Head of Flight Operations at Uber Elevate. “From there, our goal is to expand Uber Eats drone delivery so we can provide more options to more people at the tap of a button. We believe that Uber is uniquely positioned to take on this challenge as we’re able to leverage the Uber Eats network of restaurant partners and delivery partners as well as the aviation experience and technology of Uber Elevate.” 1571

San Diego (KGTV) - A San Diego doctor convicted and deported due to child pornography charges is back working in the medical field.In 2006, Dr. Jacques Lemire pled guilty to possessing child pornography.More than a decade after he was stripped of his medical license in California, the Toronto Star discovered Lemire was able to get a new license in Canada."I'm not working with patients; I think it shouldn't be disclosed,” said Lemire.He explained in a phone interview with a Toronto Star reporter that he doesn't think the disciplinary actions he was dealt in the United States should be listed on his current license in Quebec.“The fact that I’m doing administrative, I’m not working with patients. I think it shouldn’t be disclosed,” he said. “I’m not even close to any patient.”In the late 90s, Lemire was at the top of his medical game in San Diego.He specialized in pediatric kidney transplants and 10 News even featured him in a 2001 story. But, in January 2004 that rising career came crashing down.Lemire was arrested for possessing child pornography. Investigators were tipped off when Lemire took his laptop in for repairs. A technician found images of children engaged in sexual acts.Lemire pled guilty to possessing child pornography in 2006. Also, his medical license was revoked, according to records Team 10 obtained from the Medical Board of California.In sentencing transcripts, the court noted that although Lemire is guilty of possession of child pornography, examining professionals did not determine him to be a pedophile.Lemire spent about year behind bars and was deported to Canada around 2008.A decade later, reporters for the Toronto Star found Lemire working in a medical setting. They discovered he now “reviews medical files for Quebec's public health insurance program.”The publication's series, “Bad Doctors who Cross the Border can Hide Their Dirty Secrets” reveals how doctors crisscross the Canada-U.S. border while a broken system keeps the records of their crimes, malpractice and disciplinary rulings secret.The Toronto Star discovered, “A year after the U.S. government deported Lemire, Quebec's physicians' college granted him a license." According to their investigation, “From 2010 to 2014, Lemire was permitted to practice only in Quebec ‘institutions,’ and he spent three years at an old-age home for retired nuns. He was not explicitly restricted from treating children, and the institutions category includes child and youth protection centres.”On its website the Quebec College lists Lemire as having an active status, but his practice is limited to administrative tasks without clinical activity.What's not listed in his profile is any disciplinary action taken against Lemire by the California Medical Board or U.S. courts. It lists a phone number to call for more information.Team 10 asked the Medical Board of California to comment on Lemire’s current situation in Canada.In a statement a spokesperson said, “The Medical Board of California (Board) is committed to consumer protection, transparency, and notifying consumers and out-of-state jurisdictions when a physician has been disciplined in California. The Board posts disciplinary actions on its website and sends subscriber alerts whenever a doctor has been disciplined. In addition, the Board regularly posts updates on its Twitter and Facebook pages whenever a doctor is disciplined. The Board works with the Federation of State Medical Boards and National Practitioner Data Bank to notify jurisdictions outside of California when doctors have been disciplined here.”Team 10 investigator Adam Racusin asked how situations are handled if a doctor is disciplined in another country, then applies for a license in California? The spokesperson said, “Whenever a doctor who is disciplined in a jurisdiction outside of California and applies for a license in California, the Board reviews the discipline as part of the licensure process.”In his interview with the Toronto Star, Lemire said officials with the medical college were presented with all the information and they agreed that he would get his license back. He believes he served his time and should be allowed to keep being productive.In response to 10News questions and the Toronto Star investigation a spokesperson for the Collège des médecins said they always check the disciplinary and criminal backgrounds before accepting and licensing a doctor. In a statement, they wrote 4492

SAN DIEGO (KGTV) — Whitney Climenson noticed something at her recent shift at a Carslabd restaurant. It wasn’t nearly as crowded, and there were only three people on the clock - about half the normal level. She's instead spending most of her time trying to get through to the Employment Development Department, and figure out why weeks of her jobless benefits are still unpaid. “I would wait for hours on hold if it meant talking to somebody, but they just say ‘Oh, we can't take your call at this time,” Climenson said. Climenson's one of more than 200,000 San Diego County workers who lost their jobs in March and April amid the coronavirus pandemic - a number that many economists expected to grow in May. “Here in San Diego a bigger portion of our economy is in food and drinking establishment employment, and so what we would see then is a big rebound in that area as well locally,” said Alan Gin, economist at the University of San Diego. The hiring - already picking up locally. Andrew Feghali just opened Dave’s Hot Chicken in Pacific Beach. He’s hosting a job fair Monday with at least 10 openings. “We start above minimum wage, so we want to make sure we get the best and the brightest, and another perk is that you get free food,” Feghali said. But like many restaurants, Dave’s is not opening for in-house dining - that means while hiring is picking up, many restaurant jobs won't come back for a while - if at all. 1435

SAN DIEGO (KGTV) -- Two local strip clubs ordered to close down amid a surge of COVID-19 cases and deaths across California are allowed to remain open, a judge ruled Wednesday. The court order also appears to offer protection to restaurants prompting the county to suspend enforcement of the state's COVID-19 public safety policy on barring indoor-outdoor dining.In the nine-page ruling, San Diego County Superior Court Judge Joel R. Wohlfeil issued a preliminary injunction prohibiting the cease-and-desist order from being enforced on strip clubs and "San Diego County businesses with restaurant service" from operating.The order, effective immediately, still requires businesses to adhere to COVID safety protocols.Eateries had been ordered to close indoor operations in November when the county fell into the state's purple tier restrictions, then were restricted to takeout and delivery service only earlier this month. RELATED: New COVID-19 stay-at-home order takes effect in San Diego CountySan Diego County spokesman Michael Workman told ABC 10News that both state and county authorities are examining Wednesday's ruling and will seek clarity from the court. Until then, the county will cease pursuing the shutdown of restaurants and strip clubs."Until we have clarity, we have suspended enforcement activities against restaurants and live entertainment establishments," Workman wrote in a statement. "With record numbers of new infections, deaths, and ICUs at capacity, we want to remind everyone to do your part. Please don’t gather, socially distance, wear a face covering, and wash your hands."Wohlfeil cited the lack of evidence from the County that proves the two live adult entertainment venues would increase the risk of exposure to patrons or that the establishments have impacted ICU bed capacity throughout Southern California, “much less in San Diego County.”“Accordingly, the Court finds that Plaintiffs have been devoid of COVID, have done nothing to contribute to the spread of COVID, and have honored their representations to Dr. Joel Day and the County,” said Wohlfeil, according to court records.Wohlfeil also said that the harm of denying the injunction would be greater to the strip clubs more than the harm to the County.Wednesday’s ruling is effective pending the trial in the case brought by Midway Ventures and F-12, the owners of Pacers Showgirls and Cheetahs Gentleman's Club against the County of San Diego and state in October over COVID-19 restrictions that forced them to close. A preliminary injunction was granted to the strip clubs on Nov. 6 protecting them from any enforcement, though the businesses must comply with rules surrounding a 10 p.m. curfew and close early.RELATED: Young San Diego COVID-19 long-haulers still sick months after testing positiveWohlfeil's order comes after California Governor Gavin Newsom and the state’s Attorney General officials served a cease-and-desist letter over the weekend to the two San Diego strip clubs operating amid the state's stay-at-home order.The letter to the attorneys representing Pacers Showgirls and Cheetahs Gentleman's Club said the state was informed the locations had been operating indoors despite restrictions forcing restaurants to offer only take-out and delivery services under the order."We are informed and believe that MIDWAY AND F-12 are continuing to conduct indoor operations notwithstanding the Regional Stay at Home Order currently in effect in the County of San Diego. Such indoor operations violate the terms of the Regional Stay at Home Order, which permits restaurants, such as those run by MIDWAY AND F-12, to operate for take-out and delivery services only," the letter said.Last week, Supervisor Nathan Fletcher said that the majority of the board doesn't view strip clubs as essential and "felt that was consistent with common sense.""I’m guessing most folks aren’t going there with all the members of their household, so you have multiple households interacting together in a high-risk setting and so we ordered them closed," Fletcher said. 4068

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