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SAN DIEGO (KGTV) — Four San Diego businesses, including two restaurants and two gyms, have filed a lawsuit seeking an emergency injunction to stop the latest shutdown orders.Under the red tier, both sectors were open for indoor operations as limited capacities. Restaurants were allowed to serve people inside at 25 percent of the normal capacity, and gyms at only 10%.On Saturday, purple tier restrictions will go into effect, meaning businesses like restaurants and gyms must shutdown indoor services completely and move outside.Cowboy Star Restaurant & Butcher Shop, Home & Away Encinitas, Fit Athletic Club, and Bear Republic filed the lawsuit against California Gov. Gavin Newson and the County of San Diego, as well as other state and county officials arguing that the closures go against their rights.The lawsuit states that Newsom and the California Department of Public Health (CDPH) lack the authority to impose the continuing restrictions on California businesses.All four businesses detail the numerous health and safety measures they’ve added to provide a safe environment for staff and customers during this pandemic.“I think it’s pretty clear that the law is on the side of governmental authority to try to get this under control,” said Jan Ronis, an attorney with the Law Offices of Ronis & Ronis. “Why they continue to file lawsuits… it’s beyond me.”Ronis is not involved in this case, but said when the pandemic began, he reviewed emergency legislation available to the government at both state and federal levels.“These laws have been in the book for decades, and governments have used them sparingly, and quite frankly think they’re valid as surprised as I was by the breadth and scope of government authority once these emergency declarations are declared,” said Ronis.He said he had seen similar lawsuits filed across the state during the last several months, and most don’t hold up in court.“I really feel sorry for the businesses, but the fact is this is a monumental health crisis,” said Ronis.Dr. Wilma Wooten, San Diego County’s public health officer, recently asked for the CDPH to allow the county to stay in the red tier. She explained that businesses that would be impacted the most by purple tier restrictions, like restaurants and gyms, are not the cause for the local increase in COVID-19 cases.The lawsuit said despite the data provided by Dr. Wooten, the CDPH still denied the request without any justification based on science or data.Both the law firm that filed the lawsuit and the County of San Diego refused to comment on this matter, stating they do not comment on pending litigation. 2646

SAN DIEGO (KGTV) — Federal agents have been added to the investigation of a Kearny Mesa fire that gutted an off-roading business early Thursday morning.About 25 agents with National Response Team (NRT) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) out of Los Angeles were requested by San Diego Fire-Rescue to assist with the probe.The NRT agents will arrive Friday and begin processing the scene at Off Road Warehouse Saturday, according to the ATF. They join other officials with ATF Los Angeles, SDFD, and the San Diego Police in the investigation. RELATED: Animals rescued as fire burns Kearny Mesa off road businessNRT personnel are called in to help investigate significant fire, arson, or explosion incidents, the ATF said. The fire comes five months after another fire ignited in November 2018. That fire, however, was reportedly ruled as an electrical fire.“ATF is committed to working alongside state and local law enforcement by bringing its resources to determine the origin and cause of this fire that resulted in a total loss for this business,” said Carlos Canino, the special agent in charge of ATF Los Angeles Field Division. “ATF will provide whatever is necessary to thoroughly investigate and provide answers.”Thursday's blaze was reported at about 1:30 a.m. at the ORW building (7915 Balboa Ave.) The fire caused an estimated .5 million in damages and the warehouse's contents were deemed a total loss. No injuries were reported. The fire also forced the evacuation of several cats and dogs at the nearby Balboa Veterinary Hospital. 1582

SAN DIEGO (KGTV) — Holiday Bowl officials said Thursday that its 43rd annual football game will not be played this year.Due to the pandemic, the bowl's Board of Directors voted unanimously to cancel the December game, which has been played since 1978. The bowl’s traditional Bowl Week events had already been canceled for this year, including the Holiday Bowl Parade.Holiday Bowl CEO Mark Neville said that in addition to challenges in holding the game safely for fans, the virus had, "created a situation in that we wouldn’t be able to welcome fans, ultimately resulting in no tourism. Couple that with the financial and potential health risks of trying to play the game during this pandemic and it was clear this was the right decision for us.""This has been the most difficult decision our Board has ever had to make since our bowl game started in 1978," said Neville. "While it’s not the decision we wanted to make, it’s the right decision for our non-profit association and the community for the long term."The game has brought in an average million in economic benefit and led to more than 28,000 hotel room nights annually for the region, the board said. December is typically San Diego's slowest tourism period."People come in, either stay here, or they come to the restaurants, they enjoy a cocktail or a bite to eat, whether it be lunch or dinner," said Chuck Abbott, general manager of the Intercontinental, which overlooks the Holiday Bowl Parade along the waterfront. "Obviously it increaeses the revenue for the hotel, which is fantastic."The 2020 Holiday Bowl was supposed to be the first of a new six-year cycle to match top teams in the PAC-12 and ACC. The game is expected to return in 2021, according to 2020 Bowl Association President Dan Moore."We are fortunate to have a strong relationship with our title sponsor SDCCU, FOX Sports, the ACC, the Pac-12 and many others. While we all share the disappointment with the decision, each has been understanding and very supportive," Moore said.It is uncertain, however, where the game will be played. SDCCU Stadium is being torn down, and it is unclear if a football field could fit inside Petco Park."I'd love Petco because I own several restaurants right around there," said Todd Brown, who owns Bub's downtown. "It's a beautiful facility, you've got all the hotels and everything down there, and if they can figure it out logistically to put a field in there, it'd be a great spot."A bowl spokesman said Friday it was too soon to discuss venues for 2021, but said the game would not be moving to Dignity Health Center in Carson, where the Chargers played from 2016 to 20`19, and where San Diego State will host its games this season. 2715

SAN DIEGO (KGTV) - Every home in the city of San Diego could soon have a smart water meter, eliminating the human error that led to thousands of erroneous water bills reaching homes.On Monday, the San Diego City Council authorized up to million to buy more than 250,000 smart water meters from company Itron Inc.The move comes after an audit earlier this year found nearly 3,000 erroneous water bills reached households, some spiking to upwards of ,000. The audit largely blamed human error from water-meter readers, who are charged with reading hundreds per day.RELATED: Inside San Diego: Audit shows City sent thousands of faulty water billsThe controversy came to a head when the city discovered one of its meter readers misread 300 meters in Rancho Bernardo, Rancho Pe?asquitos, Mira Mesa and Carmel Valley. That reader was terminated. 853

SAN DIEGO (KGTV) -- Emily Lake opened Sisters Pizza in Hillcrest last summer to honor her sister Kate, who passed away at an age too young.Her restaurant features a wall of framed pictures of sisters and people who are like sisters - many who have become regulars at the neighborhood eatery. "People have contributed pictures of them and their sisters, them and their friends, and it's not just women. It's anybody who has a close relationship," Lake says. Lake says business had been going even better than expected, until the coronavirus outbreak. Now, her restaurant and those across the county have been reduced to takeout and delivery. "Being any sort of small business owner, and such a brand new one too, we're just navigating scary waters and doing the best we can," says Lake, who owns the restaurant with her husband Trevor. Lake estimates that 60 to 70 percent of their revenue is gone forever. That's because standard insurance policies do not cover loss of business for viruses and bacteria. "I thought that it would be a force majeure or considered an Act of God, and unfortunately it is not," Lake says. "Even in our catastrophe insurance, which would cover earthquake or other natural disasters, this pandemic is not included."But those in the insurance industry say it's an uncertain situation. That's because businesses aren't contracting or closing because they themselves have become infected. Instead, they are doing so because the government is telling them to. One San Diego insurance broker told 10News businesses should make a claim regardless. If it's denied, so be it. Lake said she'd look into that option."At this point we'll pull out all the stops in order to stay in business," Lake said. Meanwhile, California's Department of Insurance is advising all business owners to contact their insurance companies to go over options. A department spokesman added that insurance Commissioner Ricardo Lara is communicating with state and federal authorities on options for businesses. 2014