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SAN DIEGO (KGTV) — By Saturday, many businesses will be shutting their doors all over again as San Diego County deals with a new round of restrictions in the purple tier."The overwhelming majority of folks who are doing it right are forced to be punished because of the individuals who choose not to," said Nathan Fletcher, San Diego County Supervisor. "Where we are now in a situation where we're faced with all bad options."The county's public health officer, Dr. Wilma Wooten, recently requested the state reconsider San Diego County's tier placement and keep the county in the red tier. She argued that data from October revealed the county's increased COVID-19 cases are not because of the sectors that would be impacted the most by moving into the purple tier. The request was not approved."We're going to continue to work to do everything we can with the state to have an approach that's right," said Fletcher.He said it's essential that every jurisdiction across the county does what it can to reduce the spread of COVID-19."We have to come together," he said. "There are limits of what the county can do when it comes to enforcement; we really need the help of the law enforcement agencies."But some say this has gone too far. Many business owners are now choosing to defy the orders and stay open to ensure their business survives, and employees still have a job.El Cajon Mayor Bill Wells said he has taken many calls and emails about the struggles business owners face in his jurisdiction.Some say defying the orders and keeping their doors open means keeping food on their family's table. Wells said having police respond to COVID-19 related complaints won't be a top priority."A lot of us believe the government is overreaching in the situation and so, the county, if this is what the county wants to do, then they're going to have to do the enforcement," said Wells.Fletcher said the only way to get back to a sense of normalcy is to understand how serious this pandemic is and tackle the problem together."There is no functioning economy when you get out of control spread of a pandemic," said Fletcher. "So when you have the mayor of a city and jurisdiction say they're going to ignore and defy public health orders, that sends a signal to people that this is not serious and they don't need to worry about it ... That leads to an increase in cases, an increase in deaths, and more closures." 2416

SAN DIEGO (KGTV) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938

SAN DIEGO (KGTV) -- Caltrans is warning commuters about an overnight closure on State Route 54 Thursday. According to the agency, crews will close the westbound SR-54 connector to northbound and southbound I-805 between 11 p.m. Thursday and 5 a.m. Friday. The connector will be closed so crews can complete maintenance on guardrails.Signs will be posted directing drivers to exit at Highland Avenue, turn left to eastbound SR-54 to northbound or southbound I-805. 472

SAN DIEGO (KGTV) — Anxiety is growing along La Jolla Boulevard after months of drive-by vandals shattering the windows of businesses, homes and cars."It's a little terrifying, random, and I don't know when it's going to happen," said David Heine.Heine owns Beaumont's Eatery. Last Saturday, just before 7 p.m., a customer parked a car across the street."Just crossed the street onto the sidewalk, when we heard the smash. Their car window shattered. At the same time, rocks came through our awning," said Heine.Heine says the rocks tore through the vinyl awning and struck his hostess, who wasn't injured."The rocks bounced past kids on the patio. It's a dangerous situation," said Heine.It's a danger that isn't going away. The incident is the latest of five similar incidents here in the past few months. Along a mile-and-a-half stretch of La Jolla Blvd., a similar story has been unfolding: Kitchen and car windows shattered, along with windows of other businesses like the Baskin-Robbins.Megan Murphy, co-owner of Verdes El Ranchero restaurant, just finished replacing her second rock shattered window. But this Saturday night, a clue emerged from her new cameras. In the video, a dark sedan pauses to let two people cross the street, before a person wearing red leans out of the window and appears to toss something out. At the same time, rocks appear on the ground near the pedestrians. The rocks recovered have been about an inch long, but they've been thrown with velocity. A handful of people have been hit, but there have been no serious injuries."One of these times someone is going to get seriously hurt, and it's not okay ... not kids being kids. It's vandalism," said Murphy.Heine says each incident has occurred at night and generally on the weekend. Anyone with information is asked to call San Diego Police at 619-531-2000. 1849

SAN DIEGO (KGTV) - As the world grieves the loss of Aretha Franklin, a local woman is recalling her final and historic San Diego concert on Shelter Island.Linda Moody is the widow of saxophone legend James Moody, who died in 2010. In 2005 during a newspaper interview, an excited Franklin, in town for a concert, learned Moody lived in San Diego. Moody was one of Franklin's idols.The Union-Tribune's music critic called Moody and extended Franklin's invite to sing with her that night.RELATED: 507

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