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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surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus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) - High school seniors who are deported before finishing their studies would be eligible for diplomas under a bill introduced today by Assemblywoman Lorena Gonzalez Fletcher of San Diego.Democrats introduced the bill as Congress remained at an impasse on a deal to protect so-called dreamers from deportation. Dreamers, those brought to the U.S. illegally at a young age and who are covered by the Deferred Action for Childhood Arrivals (DACA) program, have temporary authorization to remain in the country.That permission is set to expire on March 5 unless Congress passes a bill or President Donald Trump reverses his decision to end the program.Related: Dreamers art exhibit activism in Barrio Logan  "These are kids who are being ripped out of school against their will and then sent to countries where they have to restart their lives," Gonzalez Fletcher said. "We can't stop the federal government from enforcing asinine immigration policies but we can make the transition easier for California students who get deported their senior year."To be eligible, students would need to have a GPA of 2.0 or higher.Related: Immigration bill talk failureThe bill would also cover those undocumented immigrants who are not DACA recipients.As precedent, Gonzalez Fletcher pointed to laws passed in several states that allowed those who served in the Vietnam War to receive their diplomas if they were deployed prior to graduating. 1468

SAN DIEGO (CNS) - A man accused of fatally stabbing a 65-year-old clerk inside an adult bookstore in the Midway District pleaded not guilty Friday to felony murder charges that could lead to the death penalty if he's convicted.Shaun Ward, 39, was non-responsive and kept his head down during his arraignment. He was ordered held without bail in the death of 65-year-old Diane Spagnuolo.Ward refused to answer questions from Judge Maureen Hallahan about his true name or date of birth.The judge read Ward his constitutional rights and his attorney entered the not guilty plea for him.Ward was charged with murder and special circumstance allegations that the murder was committed during a robbery and that the murder involved the infliction of torture.District Attorney Summer Stephan will decide later if Ward will face life in prison without the possibility of parole or capital punishment if he's found guilty.The victim was found dead inside the X Spot Adult Store on Midway Drive on Monday afternoon, according to San Diego police. Ward was arrested late that night at a residence in San Diego.A surveillance camera in the adult shop captured images of Ward prior to the slaying, reported about 12:45 p.m., police said.Ward will be back in court Nov. 14 for a status conference. 1290

SAN DIEGO (CNS) - Margaret Hunter, who pleaded guilty along with her husband -- former Rep. Duncan Hunter -- to illegally spending hundreds of thousands of dollars in campaign funds for personal purposes, was sentenced Monday to eight months of home confinement, slated to begin immediately, and three years probation.The former East County congressman's wife, who also acted as his campaign manager during much of the time the pair improperly spent campaign funds on personal expenditures, pleaded guilty to a conspiracy charge more than a year ago.Duncan Hunter pleaded guilty about six months later, then resigned from Congress the following month. He was sentenced in March to 11 months in federal prison, but has yet to serve any of his term as the COVID-19 pandemic led to a postponement of his self-surrender date. He's not expected to report to prison until possibly as late as January.Margaret Hunter's attorneys argued for an out-of-custody sentence involving home confinement and prosecutors agreed, citing her agreement to cooperate with investigators and the manner in which prosecutors say her husband directed blame at her when the allegations became public.Prosecutors did seek to have her home confinement delayed until January, as they stated it would be more punitive at that time, with the COVID- 19 pandemic currently keeping the majority of the general public confined to their homes.However, U.S. District Judge Thomas Whelan opted to begin her term immediately.Margaret Hunter made a brief, tearful statement to the court prior to sentencing, saying "I continue to take full responsibility. I'm deeply sorry."Assistant U.S. Attorney Emily Allen said the defendant spent most of the funds, but her role was "far less egregious" than that of her husband, who the prosecutor said was "the driving force" behind the crime."He was the elected official. He was the person in charge of the campaign and he was the decision maker who chose to allow this to go on," Allen said.Prior to his plea, Duncan Hunter repeatedly and publicly denied wrongdoing. He attributed more than ,000 in video game purchases to his son, while later suggesting his wife may have been responsible for the misspending, as she was the campaign manager and in charge of those finances.He later accused the U.S. Attorney's Office of a politically motivated prosecution, saying some of the lead prosecutors in his case attended a fundraiser for Hillary Clinton's presidential campaign. He alleged the prosecution targeted him because he was one of the earliest supporters of Donald Trump's presidential campaign."Today we're reminded that no one is above the law," Assistant U.S. Attorney Mark Conover said following the hearing.The prosecutor said the sentence handed down was appropriate because "not only did she have to withstand being thrown under the proverbial bus by her husband, but she took responsibility."Conover also credited Margaret Hunter's cooperation, saying that without it, prosecutors would have likely had to go to trial in order to secure a conviction against Duncan Hunter. Her cooperation "led Congressman Hunter to understand that he would not escape responsibility for his crime," according to Conover.The couple were indicted in 2018, charged with unlawfully spending hundreds of thousands of dollars on family vacations, restaurant and bar tabs, clothes and other frivolous expenses over the course of several years, while falsely stating to staff that the purchases were campaign-related.Prosecutors said that despite their lavish spending, the couple were in dire financial straits, overdrawing their bank account more than 1,100 times over a seven-year period.Amid the charges and public allegations, Hunter was re-elected in November 2018 with 51.7% of the vote in the 50th Congressional District, despite being indicted three months prior. He was first elected in 2008, succeeding his father, who held the congressional seat for 28 years. 3971

SAN DIEGO (CNS) - An Animal Planet TV series focusing on the San Diego Zoo and the zoo's Safari Park will premiere Saturday, offering audiences a behind-the-scenes view of the zoo's daily activities."The Zoo: San Diego" will debut with two one-hour episodes titled "Welcome to Our World" and "New Day for an Old Tortoise." The series will follow animal care staff members, veterinarians, scientists and researchers at the zoo, Safari Park and the zoo's Institute for Conservation Research.The first episode will feature a baby klipspringer's birth and first days at the zoo, research into why a species of pit viper is having spinal issues and conservation work on the California condor population. The Safari Park will also host a celebration for Joanne the gorilla's fifth birthday.RELATED: Southern White rhino calf, Edward, gets a mud wallow at San Diego ZooThe second episode will focus on the zoo's tortoises and koalas as well as the hand-rearing of two giraffe calves at the Safari Park. According to the zoo, the 10-part series will focus more on conservation than captivity.We know that this compelling program will not only delight and engage viewers, but will also provide a global platform for us to share incredible stories of the conservation efforts that our organization has undertaken to ensure the survival of endangered species, San Diego Zoo ambassador Rick Schwartz said when the series was announced in April."The Zoo: San Diego" will premiere at 8 p.m. on Animal Planet. On Aug. 17, the series will move to its normal scheduled time at 9 p.m.Check out the teaser for the series: 1610