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CHULA VISTA (CNS) - A Chula Vista church that challenged California's COVID-19 restrictions in a legal fight that went before the U.S. Supreme Court has filed an amended complaint in its bid to see churches reopened during the pandemic.South Bay United Pentecostal Church and its pastor, Arthur Hodges III, filed the new complaint last week in San Diego federal court, nearly two months after the U.S. Supreme Court ruled 5-4 to uphold COVID-19 restrictions placed on religious gatherings by Gov. Gavin Newsom.At the time, the church accused the state of arbitrarily allowing certain sectors considered essential to stay open, while discriminating against religious institutions, a move they claimed "intentionally denigrated California churches and pastors and people of faith by relegating them to third- class citizenship."California imposed restrictions this month on a number of indoor activities due to a spike in COVID-19 cases, and the church is seeking an injunction that will allow it to open under the same standards as other sectors when those businesses are allowed to reopen.This time, the church renews its objections while also taking aim at alleged favoritism toward the police protests that began in late May following the Memorial Day Minneapolis death of George Floyd."When the public sentiment began to favor race-based political protest instead of compliance with the pandemic restrictions, public officials were all too eager to grant a de facto exception for those favored protestors," the complaint states. "This favoritism has caused amazing harm in the form of a general loss of confidence by the American people in the merits of the pandemic restrictions at all."The church again says that a number of secular industries were allowed to reopen, while alleging they may have presented more of an infection risk than places of worship.It also takes issue with restrictions Newsom placed on churches when they were allowed to reopen, including attendance caps of 100 people or 25% occupancy, and prohibitions against singing indoors. The injunction South Bay United seeks would also prevent California from banning singing or chanting during worship services, or issuing any other "allegedly neutral ban...that clearly targets worship."As in its earlier filings, the church states that indoor services are needed for proper worship and that tele-conferenced or outdoor services are "inadequate substitutes."In the amended complaint, the church states its preference that "the entire congregation meet at once" and that placing capacity restrictions on services "would be like holding a family reunion in three sessions."In its allegations of discriminatory practices, the church alleges "ordering that `worshippers may not gather' is not different than -- and equally repugnant as -- ordering that `African-Americans may not gather' or `Chinese may not gather,"' in addition to comparing the restrictions on worship to "providing specific (mandatory) guidance for heterosexuals, homosexuals and other sexual minorities."The complaint also alleges the state's shutdown orders are too restrictive in the face of a "generally non-lethal disease."South Bay United's attorneys allege that death rates from COVID-19 are declining and that California's death rate "has largely stabilized."While California recently overtook New York as the state with the highest number of COVID-19 cases nationwide, and ranks fourth in total deaths, the church states California has the 30th-highest death rate in the nation, while also alleging that death rates in San Diego County have been low."In a society hostile to religion, banning worship might be justified to prevent deaths, but not common, flu-like symptoms," the complaint states.Both a San Diego federal judge and the U.S. 9th Circuit Court of Appeals rejected the church's challenges, leading to the U.S. Supreme Court's rejection in late May in a 5-4 decision.Chief Justice John G. Roberts wrote in an opinion denying the request that "Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods."The majority opinion noted: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the states to guard and protect."Justice Brett M. Kavanaugh wrote the dissenting opinion joined by Justices Clarence Thomas and Neil M. Gorsuch."I would grant the church's requested temporary injunction because California's latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment," according to the opinion, which also noted that "comparable secular businesses" were not subject to occupancy caps. 5507
CHULA VISTA, Calif. (KGTV) -- Police are investigating after a Christopher Columbus statue was vandalized in Chula Vista Sunday. According to police, officers were called to Discovery Park around noon after neighbors reported that someone poured red paint over the statue. When officers arrived they also found the words “genocide” and “FU” spray painted onto the figure. A brass plaque that used to be attached to the statue was also missing. Police say they believe the vandalism happened overnight Saturday. Crews from the city responded quickly to clean the statue.As of Sunday afternoon, police say they don't have a suspect description, but added that the investigation is ongoing. 696

CHULA VISTA (KGTV) -- The City of Chula Vista is asking for the public’s help identifying those responsible for vandalizing several city parks.On November 10, Rohr Park and Terra Nova Park were damaged by vandals driving vehicles on the park grounds and soccer fields.RELATED: Chula Vista's Discovery Park damaged by vandals driving on turfThe city says this is the second time in a month parks have been vandalized. In October, Discovery Park and Marisol Park were also damaged in the same way.The city says this type of damage makes the fields unusable. The city says the damage will cost taxpayers thousands to repair.Anyone with information is asked to call 619-691-5151. 693
CHULA VISTA, Calif. (KGTV) -- The Sweetwater Union High School District is tightening its belt on the budget. On the table is a plan to not replace dozens of positions and cut bus routes. Critics say the move could leave hundreds of students without a ride to school. The board meets Tuesday night to finalize the plan to save money. One of the biggest moves on the table is not replacing some 80 positions within the district. Positions on the chopping block include assistant superintendent positions and nine bus drivers. No one within the district will be at risk of losing their jobs. Instead, the positions won’t be replaced after employees retire. Roughly 300 employees already chose to take an early retirement. The district also plans to eliminate 30 bus routes next school year that will save half a million dollars per year. Four of the districts 13 high schools will be affected by the route cuts. Several parents say they were blindsided by the news. "Out here we have year round schooling, so schools going to be starting for us in July. That’s just a couple months to figure out for parents that are working how they're going to change their schedules and if they can't then these kids are left to fend for themselves,” said Sara McIntosh. The district says Sweetwater is one of a few districts that still offers bus service. Many districts cut it years ago when the state stopped requiring it. It’s only required by law for special ed students. 1469
CINCINNATI -- The University of Cincinnati will pay former UC police officer Ray Tensing 4,000 in back pay and legal fees, the university president wrote Thursday.Tensing was the police officer who shot and killed Sam DuBose during a traffic stop in 2015. UC fired Tensing on July 29, 2015. However, the police union contract states that employees charged with a felony may be placed on paid leave until the court case is resolved. Tensing brought a contractual grievance to the university regarding his termination, according to UC President Neville Pinto.UC agreed to pay Tensing 4,230 in back pay and benefits for Tensing and 0,000 for his legal fees to resolve the grievance. In return, Tensing agreed to resign his position as a university law enforcement officer and to never return to employment at UC. "I realize this agreement will be difficult for our community," Neville wrote in a letter announcing the agreement. "I am nevertheless hopeful that we can focus on supporting each other as members of the same Bearcat family — even, perhaps especially, if we don’t agree."The case prompted Black Lives Matter Cincinnati and other groups to organize marches and rallies as the community waited to hear if Tensing would face charges and, later, what jurors would decide. "The tragic loss of Samuel Dubose in July 2015 was a trying time in the life of our University," Pinto wrote Thursday. "Our community came together to mourn, listen, support, heal and hope. That work continues as we strive to live our values into action."Authorities charged Tensing with murder and voluntary manslaughter in DuBose's death. However, two juries were unable to reach a unanimous verdict, prompting a judge to declare two mistrials in the case before the charges were dropped.?After DuBose's death, Hamilton County Prosecutor Joe Deters had dismissed Tensing's reason for stopping DuBose off campus -- a missing front license plate -- calling it a "chicken-crap stop." He also said Tensing "should never have been a police officer."But after the trials, Deters lamented that the jurors would have not voted to convict a police officer, blaming division in the U.S. over race and police issues. He called the case "heartbreaking."The shooting prompted a top-to-bottom review of the University of Cincinnati Police Department. That review brought new training for officers in techniques like de-escalation, changes in their best practices like arming officers with Tasers as a non-lethal option and a turnover in leadership, including the hiring of the department's first female chief
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