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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surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus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) - Embattled Rep. Duncan Hunter criticized Navy officials Monday for their plans to possibly remove a Navy SEAL acquitted of murder charges from the service against the wishes of President Donald Trump. Hunter commented Monday outside San Diego federal court regarding the Navy's handling of the war crimes case of Navy SEAL Chief Edward Gallagher, who was acquitted by a military jury this summer of stabbing a wounded teenage ISIS fighter to death in Mosul, Iraq, as well as other charges of attempting to kill unarmed Iraqi civilians. Hunter discussed the Gallagher case for about five minutes with reporters, but did not comment regarding his ongoing campaign fraud case, in which he's accused of misusing 0,000 in campaign funds for personal use. Hunter was indicted along with his wife on five dozen criminal counts, including wire fraud, conspiracy, and falsification of records. Margaret Hunter, 44, has pleaded guilty to a conspiracy charge and awaits sentencing. Monday's hearing was postponed, but Hunter will return to court Dec. 3. RELATED COVERAGE:Trump says Navy won’t remove Gallagher’s SEAL’s designationEsper says Trump ordered him to allow SEAL to keep statusPentagon chief fires Navy secretary over SEAL controversyNavy to initiate 'Trident Review' of Navy SEAL Edward GallagherChief Edward Gallagher review expected to proceed despite Trump's oppositionGallagher was demoted in rank based on the sole conviction he received in the court martial for posing with the ISIS fighter's corpse in a photograph. On Nov. 15, Trump restored Gallagher's rank, but Navy officials said days later that a ``trident review'' would go forward regarding whether Gallagher would remain a member of the SEALs. Hunter, who has supported Gallagher throughout his court martial and news of the trident review, said ``The military will never admit that it's wrong on anything even when it obviously is,'' calling the Gallagher case an example of ``prosecutorial and bureaucratic abuse from within the military system.'' Hunter, who told reporters he's been in contact with Gallagher, said ``What the Navy was going to do was purely punitive, just to slap (Gallagher) in the face one last time before he retired.'' Hunter also criticized the Navy for ignoring Trump's authority as commander in chief. ``When the president says that Eddie Gallagher will retire with his trident with all the honors that he's earned in the Navy, that sends a pretty clear message that no retaliatory act by the Navy against Chief Gallagher is going to be accepted by the president,'' Hunter said. ``In this case, President Trump is the Secretary of the Navy's boss. He's everybody in the military's boss. So when he says something, whether he tweets it or not, or says it in a certain way or not, just because it's not written in the perfect bureaucratic order or way that we're used to from other people, doesn't mean that he doesn't mean what he says.'' On Sunday, Trump tweeted that he was ``not pleased with the way that Navy Seal Eddie Gallagher's trial was handled by the Navy,'' and said that Gallagher would retire with his Trident Pin. Navy Secretary Richard Spencer was fired Sunday, with the Gallagher case cited in a statement from the Pentagon as the central factor in Spencer's removal. DOD spokesman Jonathan Hoffman wrote that Secretary of Defense Mark Esper asked for Spencer's resignation after Spencer privately proposed to the White House to restore Gallagher's rank, despite his opposing public stance on the issue. In a resignation letter dated this Sunday, Spencer does not reference Gallagher specifically, but states that issues with Trump played a role. ``Unfortunately it has become apparent that in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline,'' he wrote. ``I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States. The President deserves and should expect a Secretary of the Navy who is aligned with his vision for the future of our force generation and sustainment.'' In Trump's Sunday tweet regarding the Gallagher case, he briefly thanked Spencer ``for his service & commitment.'' The Navy SEAL review board is slated to hear Gallagher's case on Dec. 2. 4454

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

SAN DIEGO (CNS) - At least one person was killed Saturday in a three- vehicle collision on the San Diego (5) Freeway in San Diego, authorities said.The crash was reported at 5:07 a.m. on the northbound San Diego Freeway at Via De La Valle South, according to the California Highway Patrol.A white sedan, motorcycle and unknown vehicle were involved in the crash, the CHP said.All northbound traffic was stopped just south of Del Mar Heights Road and taken off the freeway at that exit, the CHP said. 507

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