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SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - A man and a toddler were hospitalized with minor injuries after being struck by a vehicle Friday night in Rolando, San Diego police said Saturday.The incident happened at about 10:30 p.m. Friday on El Cajon Boulevard near 72nd Street, said Officer Tony Martinez of the San Diego Police Department.The two pedestrians were transported to a hospital with minor injuries. No arrests were made, he said. 425

SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862

SAN DIEGO (CNS) - Military and civilian emergency crews battled a raging blaze aboard the USS Bonhomme Richard at Naval Base San Diego for a fourth day Wednesday.Despite the destructiveness of the explosive, out-of-control fire, Navy officials reported Tuesday that the 22-year-old vessel appeared to have escaped irreparable harm, though all-out efforts to quell the flames and smoldering hot spots were ongoing."First, we have investigated the four main engineering spaces (of the ship) and found no major damage," Rear Adm. Philip Sobeck told reporters during a briefing at the naval base south of downtown San Diego. "There is no threat to the fuel tanks, which (are) well below any active fires or heat sources. The ship is stable, and (its) structure is safe."As of 6 a.m. Wednesday, flight personnel had conducted more than 1,500 helicopter water drops on the ship, a process that was "cooling the superstructure and flight deck, enabling fire crews to get onboard internally to fight the fire," Navy officials said.The blaze broke out shortly before 9 a.m. Sunday in a part of the vessel where supplies such as cardboard boxes are kept, and soon was sending thick columns of acrid smoke above the bay. Because the ship was undergoing maintenance work when the fire erupted, its built-in flame-suppression system was inoperative, according to base officials.After about 90 minutes, authorities decided to remove all firefighters from the vessel for safety reasons and battle the blaze by remote means, including helicopters and boats surrounding it on the bay.The conflagration sent below-deck temperatures as high as 1,000 degrees and eventually left the ship listing due to the amount of water it had taken on due to the firefighting efforts, Navy officials said.About two hours after the fire began, a blast of unknown origin shook the vessel.No San Diego city firefighters "were on board the ship when the explosion happened, but the blast threw several firefighters off their feet," the municipal department reported.Adding to the dangers posed by the inferno, the flames were burning several decks away from a section in the ship where a million gallons of oil are housed, Sobeck acknowledged Monday, though he expressed confidence that firefighters could keep the blaze away from that storage area.A total of 40 sailors and 23 civilian firefighters have suffered various minor injuries, mostly heat exhaustion and smoke inhalation, while battling the blaze, according to Navy officials.There were 160 sailors and officers aboard the ship when the fire broke out, Navy spokesman Brian O'Rourke said.About four hours after the ship began burning, the Navy moved the USS Fitzgerald and USS Russell to berths farther away from the fire, according to Mike Raney, deputy public affairs officer with the Naval Surface Force.What sparked the blaze remains unknown."Going forward, the Navy will do a thorough investigation of the incident, to assess the cause of the fire (and) damage to the ship," said Sobeck, commander of USN Expeditionary Strike Group Three. "But right now ... my focus and our focus remain putting the fire out and keeping our ship base safe."Among the precautions in the area of the blaze instituted by the U.S. Coast Guard were a one-nautical-mile safety zone on the waters surrounding the ship and up to 3,000 feet in the air above it.U.S. Coast Guard personnel also were assessing "environmental sensitivities and has contracted an oil-spill response organization to preemptively deploy protective boom to guard against any potential environmental concerns," according to a statement from the federal maritime agency.Users of neighboring marinas were being advised to "utilize protective safety measures" as well, according to the agency.Officials in National City, just south of the site of the fire, asked residents to remain in their homes as much as possible to avoid health hazards from the smoke billowing off the burning vessel. Likewise, the San Diego County Air Pollution Control District Office noted that if residents can smell acrid smoke, they should limit physical activity and stay indoors if possible.The Bonhomme Richard is the third warship in U.S. naval history to bear the name, which means "Good Man Richard" in French and honors Benjamin Franklin's "Poor Richard's Almanac."The vessel has been homeported at Naval Base San Diego since the spring of 2018, when it returned from a six-year port switch to Sasebo, Japan, while becoming the command ship for Navy Expeditionary Strike Group Seven.Mayor Kevin Faulconer said Wednesday that some San Diegans are eligible for relocation relief amid air pollution from the burning vessel."San Diegans affected by air pollution from the USS Bonhomme Richard fire are eligible for temporary relocation relief. Residents in 91950, 92113 and 92102 zip codes can apply for a 2-night hotel stay valid for July 15 & 16. To apply and get more information call 2-1-1," Faulconer said. 4982

SAN DIEGO (CNS) - Flames tore through a large commercial building in the Morena area Friday, causing extensive damage and sending a thick plume of smoke into the air near Mission Bay.The blaze in the 1200 block of Morena Boulevard erupted about 5:40 p.m., the San Diego Fire-Rescue Department reported.Police closed down the north-south street to through traffic while firefighters worked to subdue the intense flames.Crews were still working to get the blaze under control as of 6:30 p.m. and trying to get inside the two-story structure to check on a report there might be someone inside, according to SDFRD public affairs.There were no immediate reports of injuries. 677

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