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SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc
SAN DIEGO - A landlord in the College Area near San Diego State says the homeless problem is getting worse, and it's keeping people from renting in the neighborhood.Suhail Khalifeh owns six homes near El Cajon Boulevard and Montezuma Road. He says one of them has sat empty for six months because renters are worried about the sight of homeless people in the area."When people come and see the scenes of homeless all around and smell the urine in the atmosphere, they leave and never come back," says Khalifeh.Khalifeh says he finds trash, drugs and feces in the bushes near his properties.The neighborhood has dealt with the problem for months. Last July, neighbors complained that a nearby vacant lot was becoming a camping ground for homeless people. The owners of the lot increased security and cleaned the lot out.RELATED: Neighbors fed up with homeless trash on undeveloped lotKhalifeh says that didn't solve the problem; it just moved the homeless closer to the homes."One of my tenants has seven children. She has to give them rides to the library next door," he says. "It's 50 feet away, and she doesn't feel safe for her kids to walk to the library."Khalifeh showed surveillance video to 10News of a homeless man threatening one of his neighbors. He also has video of people meeting in the middle of the night for what he thinks are drug deals.A search of the website crimemapping.com shows 46 criminal reports filed in the area within the last month.Khalifeh says the police do an excellent job at responding, but they can only offer short-term solutions. He wants the city to do more to address the bigger issue."They live in the street," he says. "In the daytime, they're in the street, and at night they go to the parking lot of the library." 1764

SAN DIEGO (AP) — A judge in San Diego ruled Thursday in favor of media outlets and ordered the unsealing of 17 search warrants containing details about a synagogue shooting in a San Diego suburb that killed one worshipper and injured three others, including the rabbi.Superior Court Presiding Judge Peter Deddeh said he will review the documents with prosecutors and redact the names of witnesses and investigators before releasing them next week.Deddeh said he saw no legal reason why the warrants should remain sealed. There were no objections by prosecutors or defense attorneys.Law enforcement obtained warrants to search the car, home and locations visited by suspect John T. Earnest.Police say the 19-year-old nursing student opened fire at Chabad of Poway on April 27 during a Passover service. He has pleaded not guilty to murder and attempted murder charges.Prosecutors have said the gunman fired at least eight rounds before he fumbled with his semiautomatic rifle and fled with 50 unused bullets.The search warrants could help answer questions including whether the suspect got a hunting license to be able to legally purchase the weapon since he is under 21.Lawyers representing the media outlets, including The Associated Press, have argued the documents should have been unsealed 10 days after investigators filed them in court.Other media involved in the request are San Diego outlets NBC 7, KFMB News 8, Fox 5 San Diego, and the San Diego Union-Tribune.Attorney Elizabeth Baldridge, representing the media, said unsealing the documents is important to ensure oversight of the judicial proceedings, especially in high-profile cases such as the synagogue shooting.She wrote in court filings that mass shootings and attacks motivated by religion and race have become common in the U.S., and the "public has a substantial interest in understanding the motivations behind these crimes and obtaining transparency in the process of bringing alleged perpetrators to justice."She added that unsealing the documents will also be "therapeutic" for families and the community. 2088
SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476
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
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