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CHULA VISTA (CNS) - A Chula Vista church that challenged California's COVID-19 restrictions in a legal fight that went before the U.S. Supreme Court has filed an amended complaint in its bid to see churches reopened during the pandemic.South Bay United Pentecostal Church and its pastor, Arthur Hodges III, filed the new complaint last week in San Diego federal court, nearly two months after the U.S. Supreme Court ruled 5-4 to uphold COVID-19 restrictions placed on religious gatherings by Gov. Gavin Newsom.At the time, the church accused the state of arbitrarily allowing certain sectors considered essential to stay open, while discriminating against religious institutions, a move they claimed "intentionally denigrated California churches and pastors and people of faith by relegating them to third- class citizenship."California imposed restrictions this month on a number of indoor activities due to a spike in COVID-19 cases, and the church is seeking an injunction that will allow it to open under the same standards as other sectors when those businesses are allowed to reopen.This time, the church renews its objections while also taking aim at alleged favoritism toward the police protests that began in late May following the Memorial Day Minneapolis death of George Floyd."When the public sentiment began to favor race-based political protest instead of compliance with the pandemic restrictions, public officials were all too eager to grant a de facto exception for those favored protestors," the complaint states. "This favoritism has caused amazing harm in the form of a general loss of confidence by the American people in the merits of the pandemic restrictions at all."The church again says that a number of secular industries were allowed to reopen, while alleging they may have presented more of an infection risk than places of worship.It also takes issue with restrictions Newsom placed on churches when they were allowed to reopen, including attendance caps of 100 people or 25% occupancy, and prohibitions against singing indoors. The injunction South Bay United seeks would also prevent California from banning singing or chanting during worship services, or issuing any other "allegedly neutral ban...that clearly targets worship."As in its earlier filings, the church states that indoor services are needed for proper worship and that tele-conferenced or outdoor services are "inadequate substitutes."In the amended complaint, the church states its preference that "the entire congregation meet at once" and that placing capacity restrictions on services "would be like holding a family reunion in three sessions."In its allegations of discriminatory practices, the church alleges "ordering that `worshippers may not gather' is not different than -- and equally repugnant as -- ordering that `African-Americans may not gather' or `Chinese may not gather,"' in addition to comparing the restrictions on worship to "providing specific (mandatory) guidance for heterosexuals, homosexuals and other sexual minorities."The complaint also alleges the state's shutdown orders are too restrictive in the face of a "generally non-lethal disease."South Bay United's attorneys allege that death rates from COVID-19 are declining and that California's death rate "has largely stabilized."While California recently overtook New York as the state with the highest number of COVID-19 cases nationwide, and ranks fourth in total deaths, the church states California has the 30th-highest death rate in the nation, while also alleging that death rates in San Diego County have been low."In a society hostile to religion, banning worship might be justified to prevent deaths, but not common, flu-like symptoms," the complaint states.Both a San Diego federal judge and the U.S. 9th Circuit Court of Appeals rejected the church's challenges, leading to the U.S. Supreme Court's rejection in late May in a 5-4 decision.Chief Justice John G. Roberts wrote in an opinion denying the request that "Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods."The majority opinion noted: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the states to guard and protect."Justice Brett M. Kavanaugh wrote the dissenting opinion joined by Justices Clarence Thomas and Neil M. Gorsuch."I would grant the church's requested temporary injunction because California's latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment," according to the opinion, which also noted that "comparable secular businesses" were not subject to occupancy caps. 5507
CHULA VISTA, Calif. (KGTV) It is no secret that restaurants throughout San Diego County have been struggling during the COVID-19 pandemic, but one restaurant in Otay Ranch was forced to close before it ever had its grand opening, just as the pandemic was starting. Hurricane Grill and Wings was supposed to open sometime between late January and early February, but when the pandemic started, it delayed everything. The owner Abu Syed is now getting ready to open the restaurant on Monday, September 28th.The restaurant will open at just 25% capacity indoors and patio seating outdoors. Like so many other restaurant owners, Syed says the landlord did give them a break on rent, but will owe it at the end of their lease. The restaurant is staffed with 32 employees, 16 of them are full-time.In August, the California Restaurant Association projected that close to 30% of restaurants in the state could close for good because of the pandemic. Syed is hopeful that he doesn't become a part of that statistic. Hurricane Grill in Wings is located at 2040 Birch Road, Suit M101 in Chula Vista. 1098
CHULA VISTA, Calif. (KGTV) - The City of Chula Vista is launching a new pedestrian safety initiative after seeing a sharp increase in fatal crashes last year.According to the Chula Vista Police Department, nine pedestrians were killed in 2017 on city streets. That’s up 125% from 2016.In the first three months of 2018 there have already been three fatal pedestrian crashes, a 200% increase from the same period last year. Police say it's the first time in four years they’ve had more than one pedestrian killed within the first quarter of the year.The map below shows those killed in auto-pedestrian crashes between January of 2017 to March of 2018. In an effort to combat the trend and educate the public, the city unveiled a new campaign on Thursday called “Stay Safe Chula Vista.”To kick off the program they have named April as “Pedestrian Safety Awareness Month.” The Chula Vista Police Department along with the Fire Department and Department of Traffic Engineering will be working together on enforcement and education.CVPD will have increased patrols targeting both drivers and pedestrians who violate traffic laws. Along with the ticket, violators may also relieve pamphlets with information on the “Stay Safe Chula Vista” campaign. Of the nine fatal collisions in 2017, CVPD said pedestrians were found to be at fault in seven of them.The announcement came a little over a month after a 90-year-old man was killed while crossing the street.RELATED: 90-year-old dies hit, killed by two cars in Chula Vista Police say the man was crossing East H Street when he wasn’t supposed to when he was struck and killed.Similarly, in January of 2018, a 94-year-old man was hit and killed on the 1500 block of Third Avenue. In that incident, police said the suspect fled the scene after striking the 94-year-old.A law firm in 2017 commissioned a study that revealed the most dangerous intersections for pedestrians in San Diego. Click on the image below to see the statistics:On Thursday, police held a news conference about the program. Watch the news conference in the player below. 2116
CHULA VISTA, Calif. (KGTV) -- Police are searching for a suspect after two women discovered the body of a homeless man in Chula Vista Tuesday morning. According to police, two sisters were walking on the 1400 block of Broadway around 1:20 a.m. when they discovered a man who wasn’t breathing.Officers tried to save the man, later identified as 56-year-old Ivan Velez, but he was pronounced dead at the scene. Investigators later found signs of trauma and are currently searching for a suspect. No description of the suspect was given. Anyone with information is asked to call San Diego County Crime Stoppers at 888-580-8477. 633
CHULA VISTA, Calif. (KGTV) - A skate park that was once riddled with graffiti is getting a grand homecoming in the South Bay.The City of Chula Vista will hold a grand reopening of the Len Moore Skate Park on Saturday from 10 a.m. to 12 p.m., with raffles, prizes., local vendors, live music, and demonstrations by skating pros.The Boys and Girls Club closed the park last August due to costly maintenance and repair issues. This led to the organization giving up the park to the city.Since that time, though, vandalism and graffiti became a constant concern, which led to the park's reopening in February. City officials will now monitor the park for cleanliness and graffiti."Before the city could actually open it up there were some minor maintenance things that we needed to take care of. There were some ramps that needed to be taken out and demolished. There was a lot of graffiti," Gil Contreras, principal recreations manager with the City of Chula Vista, said.Community members had a say in the park's reopening as well. A series of community meetings asked the public what they wanted out of the park, the priority being the ability to skate for free. The park will also offer skate classes, day camps, and birthday party rentals.RESOURCES: Learning how to skateboard"We definitely took everything into consideration when reopening the park. [Community members] were concerned about the graffiti and the vandalism and things like that," Contreras said. "We did reassure them ... we have park rangers who frequently visit all of our parks. We have a staff who actually comes through every day and just kind of gets an idea and looks at everything and talks to the patrons."Since February's reopening, Contreras says all the city has received are positive remarks.The park is open daily from 8 a.m. to dusk to skateboarding, BMX bikes, scooters, in-line skating, and roller skating. All skaters must wear a helmet, and elbow and knee pads at all times.Contreras says the city will continue to look at elements skaters desire at the park to expand the park's offerings."This park is for everybody and we want to make sure everybody in Chula Vista can enjoy it," he added.Looking for a skate park in your community? Check out our interactive map for a park near you: 2299