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SAN DIEGO (AP/KGTV) — Unlike most Californians, people in San Diego will be able to get a reprieve from the heat this Labor Day weekend by heading to movie theaters and dining inside a restaurant. Among California’s 10 most populous counties, San Diego is the only one with virus cases low enough to meet state standards for reopening theaters, museums and gyms, and resuming indoor dining — all with limited capacity to provide for physical distancing. San Diego County is listed in the state's second tier, or "substantial" tier, for cities reporting four to seven daily coronavirus cases per 100,000 residents and a positive test rate between 5% and 8%.As of Thursday, San Diego’s case rate is 5.8 and the testing positivity percentage is 3.8%. Since one of those metrics is in the second tier, the county isn't eligible to begin the 14-day countdown to qualify for the next tier of easing restrictions.Local officials say an aggressive reaction to outbreaks and a bipartisan approach have helped the county deal with the pandemic.While San Diego County has kept case rates low, the county reported two new outbreaks — in a business and in a restaurant/bar — on Thursday for a total of 17 community outbreaks in the last week.Officials warned this week that Labor Day weekend poses a threat to those gradually decreasing metrics and encouraged residents to be safe and avoid gatherings over the holiday weekend. 1422

SAN DIEGO (AP) — A military judge refused to dismiss the case against a decorated Navy SEAL charged with killing a wounded Islamic State prisoner in Iraq in 2017.Capt. Aaron Rugh (ROO) made the ruling Friday after previously removing the lead prosecutor who has been accused of misconduct.Defense lawyers argued for the case to be dismissed after discovering prosecutors secretly tracked their emails without court approval.RELATED:New date set for Navy SEAL murder trialMilitary judge releases Navy SEAL accused of murder before his trialRugh unexpectedly released Special Operations Chief Edward Gallagher from custody last week as a remedy for prosecutors interfering with his right to counsel.Gallagher is charged with premeditated murder in the stabbing of a teenage militant and with attempted murder in the shooting of two Iraqi civilians.He denies the charges and says disgruntled platoon members made the allegations because of his tough leadership. 966

SAN DIEGO (CNS) - A 17-year-old boy was hospitalized Saturday morning after being shot several times by a man in the Ridgeview/Webster neighborhood of San Diego.Police responded at 11:20 p.m. Friday to 1500 50th St. and learned the victim had been driven to a hospital by unknown people, according to Officer Robert Heims of the San Diego Police Department.The boy's injuries were non life-threatening, Heims said.MAP: Track crime happening in your neighborhoodIt is unknown where the suspect went and a detailed description of the shooter was not available, Heims said.Anyone with information about this incident was asked to call San Diego Police Southeastern Division detectives at (619) 527-3500 or Crime Stoppers at (888) 580-8477. 744

SAN CLEMENTE, Calif. (KGTV) - New legal action is being taken over the transfer of nuclear waste at the embattled San Onofre Nuclear Generating Station (SONGS). A lawsuit and motion for a temporary restraining order have been filed in federal court.Public Watchdogs is the nonprofit advocacy group pursuing action against Southern California Edison, San Diego Gas & Electric, Sempra Energy, Holtec International and the U.S. Nuclear Regulatory Commission. Public Watchdogs is asking the courts to order a halt to the storage of nuclear waste at the decommissioned power plant. The nonprofit is alleging, in part, that the storage canisters are defective and could fail, which could cause a deadly nuclear disaster. According to court records, the defendants are creating a major threat by burying nuclear waste next to the ocean, in a tsunami inundation zone, near a fault line and in heavily populated area. The restraining order request claims that once a defective canister is buried, there's no existing method to inspect it unearth it or transfer it. “We're not saying, ‘Stop the decommissioning process.’ We're saying, ‘Put the decommissioning process in perspective and give us a good plan and by the way, protect the environment, too, because this is all we have and we don't get a second chance.’ If there's a Chernobyl here, there's no second chance,” says Public Watchdogs’ attorney, Chuck La Bella.10News contacted all of the defendants on Friday.SDG&E responded with “no comment”.Southern California Edison sent 10News the following statement: “This latest effort by Public Watchdogs runs counter to the expressed interest of the communities adjacent to the San Onofre nuclear plant by potentially stranding spent fuel on site, even when options for transport and off-site storage or disposal become available. Placing spent nuclear fuel into approved canisters that meet all technical, safety and regulatory requirements for on-site storage is the first step to relocating the fuel to an off-site, federally licensed facility. The local communities near San Onofre have made it abundantly clear that storing the fuel safely on site and then moving the fuel to such a facility as soon as possible is their strong desire and in their best interest. SCE shares these objectives and is working diligently towards achieving them. By 2021, more than 80 percent of the spent fuel stored at San Onofre will be eligible for transport off-site. Being ready means having all fuel safely in dry storage and in transportable canisters.” 2553

SAN DIEGO (CNS) - A federal lawsuit has been filed against several puppy stores in San Diego and Riverside counties, as well as an allegedly fake Missouri-based animal rescue organization accused of taking part in an illegal puppy mill operation, adding to existing litigation claiming the stores fraudulently label their dogs as rescues.The lawsuit, filed Friday in San Diego federal court on behalf of Maryland-based nonprofit PetConnect Rescue Inc., is one of several filed recently against Utah resident David Salinas, who owns several stores in the San Diego region, including two named in the lawsuit: Broadway Puppies in Escondido and Pups & Pets in Santee.Plaintiffs' attorneys say the Salinas-owned stores obtain their puppies through the similarly named Missouri-based Pet Connect Rescue Inc., which allegedly "launders" dogs from illegal puppy mills, "falsely labeling them as `rescues."'"As nurses, doctors, grocery store and delivery workers risk their lives to provide essential services, and other businesses sacrifice by shutting down to protect public health, these illegal puppy stores continue selling purebred and designer puppies for thousands of dollars each, trucked in from Missouri, and fraudulently labeled as `rescues' so the owners can continue to profit from their illegal scheme," plaintiffs' attorney Bryan Pease alleged.In prior lawsuits, customers alleged they purchased what they were told were rescue puppies from Salinas-owned stores, only to have purchased a dog that was actually from a puppy mill. The dogs were often were riddled with illnesses -- sometimes leading to death -- due to being bred in poor conditions, according to prior litigation.A preliminary injunction was previously obtained by animal-rights organizations against National City Puppy, also owned by Salinas, which was ordered to shutter earlier this year in light of similar allegations.An evidentiary hearing had been set for this Friday in San Diego state court regarding preliminary injunctions against Broadway Puppies and Pups & Pets, but that hearing has been indefinitely postponed due to the San Diego Superior Court's coronavirus-related shutdown.In the latest complaint, the plaintiffs allege the stores have remained open for business during the coronavirus pandemic despite a statewide "stay at home" order issued by Gov. Gavin Newsom to all but essential services.While pet stores are exempt from closure due to Newsom's Thursday order, the lawsuit alleges the stores' continued operation "is putting the public at risk as well as continuing to defraud consumers into believing they are supporting `rescues' during this difficult time by buying a puppy."The complaint alleges that the stores' operation during the pandemic puts the public at increased risk of the spread of multi-drug-resistant Campylobacter infections, which the Centers for Disease Control and Prevention says has been linked to puppies purchased from pet stores. 2971

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