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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surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus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) - Mayor Kevin Faulconer announced Thursday a dozen San Diego Public Libraries would reopen for the first time since mid-March, when they were shuttered as part of a state-wide shutdown order."Our libraries offer San Diegans a treasure trove of resources, whether its access to health information, distance learning, job searching or even just a book to pass the time, and we need them now more than ever," Faulconer said. "We're reopening our libraries with health and safety as the top priority while also expanding digital access to give residents more opportunities as we get through this pandemic together."The library locations to resume in-person services include Central, Carmel Valley, Point Loma, Mission Valley, Rancho Bernardo, Malcolm X/Valencia Park, Mira Mesa, Logan Heights, San Ysidro, La Jolla, Mission Hills-Hillcrest and College-Rolando.The libraries will open at 25% capacity starting Saturday from 9:30 a.m. to 5:30 p.m. Monday through Saturday. The facilities will close for cleaning from 1 p.m. to 2 p.m. daily and frequently touched areas will be cleaned hourly and after each usage. Everyone will be required to wear face coverings, have their temperature taken and practice physical distancing when possible."Our libraries have been closed since March 13 and, although we have added pickup service and virtual programming, there is no substitute for welcoming patrons into our buildings," said Library Director Misty Jones. "While we are offering limited services when we reopen, our staff will be working diligently to expand services as quickly and safely as possible."According to the library, in order to protect the health and safety of staff and guests some services may be limited or modified by staff, including time limits for computer use. A full list of in-person rules and requirements can be found on the San Diego Public Library website."The city continues to prioritize the safety of all staff and guests as we fight through this pandemic, which is why we're opening in a phased and thoughtful way," said Joel Day, the city's senior advisor for COVID-19 response and recovery. "With enhanced sanitation protocols for every building, cleaning all equipment after each interaction, enforcing physical distancing and requiring face coverings, we have a plan that will allow residents to access these public resources while staying safe and healthy."With the pandemic shedding light on the urgency of bridging the digital divide, Faulconer also announced "SD Access4All" -- an initiative aimed at tackling digital inequity by expanding broadband access in San Diego. According to city data, an estimated 53,000 San Diegans lack access to reliable internet, a resource that has proven vital for distance learning, employment opportunities and access to public health information.The program creates patio areas at select library locations to offer free WiFi and plastic-coated laptop computers for public use in a physically distanced setting. Capacity and cleaning requirements for the in-person reopening will also apply to all SD Access4All locations.While additional locations are currently being retrofitted for this program, these services are currently offered at the Central, San Ysidro, Skyline Hills and Malcolm X/Valencia Park branches.In May, under the first reopening phase, city libraries began a contact-free pickup service at some library locations. Contact-free pick-up services will be maintained at 24 of the city's 36 libraries. 3508

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 would-be carjacker who didn't know how to drive a stick shift was foiled when he tried to steal a car with a manual transmission in San Diego's Fox Canyon neighborhood, police said today.Two teenagers were sitting in the car around 10:45 p.m. Thursday in a hilly residential area near Auburn Drive and Wightman Street when a young man approached the window and demanded the victims' phones, San Diego police Officer Robert Heims said. The man then demanded the victims, an 18-year-old man and 17-year-old boy, get out of the car."They got out and the suspect got in and tried to drive away,'" Heims said. "He revved the engine several times but the car did not go. It appeared the suspect did not know how to drive a manual and got out and ran away." 783

SAN DIEGO (CNS) - A woman accused of taking part in the robbery and murder of an East Village businessman inside his flooring-materials store pleaded not guilty Friday to felony charges that could lead to the death penalty if she's convicted.Lorena Del Carmen Espinoza, 34, was ordered held without bail in the slaying of 49-year-old Ghedeer "Tony" Radda of El Cajon.Judge Maureen Hallahan called the defendant "an extreme danger to the community."RELATED: Death of downtown San Diego business owner: Suspect wearing purple wig arrestedDeputy District Attorney Matthew Greco said Espinoza entered Radda's business the afternoon of Oct. 10 wearing a wig and lured the victim to a back room, where he was fatally shot, allegedly by co-defendant Kevin Eugene Cartwright.Cartwright, 51, allegedly took money from the register and he and Espinoza left the Bottom Price Flooring store together, Greco said.A surveillance camera inside the business captured images of the suspected killers -- a man wearing a Halloween-style old-lady mask and a light-skinned woman with long purple hair, possibly a wig.RELATED: Man arrested, female suspect sought in East Village murderEspinoza fled in Cartwright's car and he got away on foot, the prosecutor alleged.Cartwright was arrested Oct. 17 and Espinoza was taken into custody Tuesday.Both defendants are charged with murder and special circumstance allegations of murder during a robbery and murder during a burglary.District Attorney Summer Stephan will decide later if Cartwright and/or Espinoza will face life in prison without the possibility of parole or capital punishment if convicted.Cartwright has pleaded not guilty to the charges with gun allegations.Both he and Espinoza will be back in court Nov. 15 for a status conference. 1787

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