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SAN DIEGO (KGTV) – Californians voted to pass Proposition 22 – reclassifying rideshare drivers as independent contractors. But, companies like Uber and Lyft are still battling lawsuits from the state claiming billions in wage theft.The legal battle over rideshare drivers did not end with the passing of Prop 22. The California Labor Commissioner is still suing gig companies for not following current law which classifies drivers as employees instead of independent contractors.The Labor Commissioner’s Office is seeking billions for unpaid minimum wage, overtime, sick leave, and business expenses.Nicole Moore with Rideshare Drivers United led the fight against Prop 22. She says since the new law is not retroactive those lawsuits still stand.“This is about back pay that under the law as it was over the last three years, those drivers are still owed that money,” said Moore. “It was .3 billion that were owed to those drivers. Half of that is damages but the other half is just straight pay that under labor law.”Some drivers had to file for unemployment when the pandemic hit, including those with pre-existing conditions hoping to limit exposure to the virus. Others are unable to drive since they have to stay home with kids now out of school for distance learning.Moore says those unemployment protections won’t last once the new law takes over.“If you don’t have unemployment that’s when people become homeless, that’s when kids go hungry. We need that safety net as workers,” said Moore.As San Diego moves into the state’s purple tier, Tonje Ettesvoll says she’ll have to limit hours to reduce her risk of exposure. She says the move for her own safety may prevent her from qualifying for benefits under Prop 22.“I will not be doing my 60 hours a week. I’ll be doing maybe 30 so I may be one of those people who don’t qualify and will have to be on Medi-Cal,” said Ettesvoll. “And that is an expense that’s not Uber’s and Lyft’s. That is an expense that’s the taxpayer’s and I think that’s very unfair.”Uber and Lyft both declined to respond to our inquiry on the pending lawsuits. Uber did send us this statement: 2136
SAN DIEGO (KGTV) -- Body-worn cameras are now in widespread use across San Diego County.They catch some of the most controversial and impactful moments of police officer interactions with the public.As part of the Team 10 Transparency Project, 10News set out to learn more about local departments policies and what type of impact the cameras are having in the community."Body-worn camera, in my opinion, is just another piece of evidence to what occurred," said San Diego County Sheriff's Department Sergeant Rob Samuels.Under Senate Bill 1421, a recent law enforcement transparency law, the San Diego County Sheriff's Department released a handful of body-worn camera recordings.The recordings are the end product, capturing moments that could be used in court to prosecute a suspect, exonerate a member of law enforcement or sue a department.But to get to that end, departments have laid out policies that guide how and when to use the cameras."Whenever a deputy is anticipating they are going to be taking some enforcement action they should be turning it on," Samuels said.The Sheriff's Department policy is only a few pages, but it covers everything from training to camera position, when and where to record, and rules for reviewing that video.According to the policy, "Deputies/community services officers shall activate the [body worn camera] BWC to record all law enforcement related contacts. While away from department facilities, deputies shall keep their BWC powered on and in stand-by mode."MORE LIKE THIS Police expert says improvements needed in law enforcement complaint processExclusive: How San Diego law enforcement responds to mental health crisesInvestigating Officers: How SDPD investigates its own after an officer-Involved shootingAccording to the policy, deputies will typically not allow citizens to review recordings; however, deputy discretion is allowed to replay the recording for citizens at the scene to mitigate possible minor complaints."On average, we see about 60 minutes of recording per camera per day and at any given time and point we have about 250 cameras out in the field," said San Diego County Sheriff's Department Chief Information Officer Ashish Kakkad.Kakkad said deputies are allowed to review only their body camera recordings. Access is extremely limited.The policy states, "A deputy may not review the BWC video of other involved deputies before writing a report or giving a statement unless necessary for evidentiary purposes and with the express permission of a supervisor."It's very much a role-based access," Kakkad said. "What is your role? What are you doing? What is your function? And based on your function, your appropriate access is determined."Kakkad said no deputy has the power to edit or delete video.In the two years, the body-worn camera program has been up and running, the department hasn't deleted any video, he said.The heads of the San Diego County Sheriff's Department's program believe it's been a good thing.But are cameras doing anything to bridge the gap between the public and the people they serve?"You won't really ever know what it may have prevented in the way of a complaint," Samuels said.Numbers do show substantiated and unsubstantiated complaints are down for the Sheriff's Department.10News wanted to see if body cameras had an impact on how San Diego County law enforcement interacts with the public.Team 10 requested use of force data dating back five years from departments across the county.Use of force is the type of action law enforcement uses to mitigate an incident, make an arrest, or protect themselves or others from harm.Here's what we found from departments that have responded to our request at the time of this writing.Oceanside initially saw a significant increase in use of force in 2018 when the cameras were deployed. Although officials tell us it was a staggered deployment. So far this year, use of force numbers show a significant decrease.In the three years since El Cajon deployed body-worn cameras use of force increased. The department said use of force numbers could increase for several reasons, and there also may be no direct correlation between those numbers and body-worn cameras. In San Diego, a 2017 report noted that since officers began wearing body cameras, there were fewer instances of greater controlling/defending force, a reduction in complaints and allegations, and de-escalation of some situations.While statistics vary, the Sheriff's Department said the cameras are just another tool."We still do business like we've always done business, we write accurate reports, and the video we record on body-worn camera just supports what the deputy writes," Samuels said. 4707
SAN DIEGO (KGTV) — County public health officials are urging locals who attended indoor services and events at a Kearny Mesa church to quarantine for two weeks after a COVID-19 outbreak linked to the location.The county says anyone who attended Awaken Church at 7620 Balboa Avenue between Nov. 15 and 22 should quarantine for 14 days after their last date of visiting the church and watch for coronavirus symptoms.Officials added that anyone who was at the church within that time frame should get tested for the virus.Generally, the county does not reveal the locations of community outbreaks and has long advocated against the practice. In this instance, public health officials say it's necessary to, "prevent the spread and occurrence of additional cases," and that, "in this case, public health has been unable to identify and notify all of those exposed."In a letter to the church, the county said while the community outbreak linked to the church doesn't mean that anyone contracted COVID-19 at the location, everyone who has attended events at the location should quarantine for 14 days.A community outbreak is three or more COVID-19 cases from different households within two weeks at one location."You should review your current plans to prevent COVID-19 at your location and determine if there are actions that you can take to reduce the likelihood that your staff, customers, or visitors could contract this infection," the letter said.The county added that anyone who has attended the church, as well as the public in general, should continue to wear face coverings, practice social distancing, and avoid large gatherings.With the exception of two days, San Diego County has seen new COVID-19 cases spike to more than 1,000 cases a day over the last week. Saturday's update set another daily record with 1,859 new COVID-19 cases reported — a 14% positivity rate out of 12,932 tests.According to the county's data on Saturday, there were 86 active community outbreaks. 1988
SAN DIEGO (KGTV) -- City leaders are considering closing some streets in the Gaslamp Quarter to help with social distancing amid the coronavirus pandemic.Pictures on social media showed crowds of people congregating outside bars, many not wearing face coverings, shortly after they reopened Friday.According to a spokesman for San Diego Mayor Kevin Faulconer, the city's department of special events is reviewing a proposal to shut down parts of Fifth Avenue between G and K streets to make it easier to physically distance by providing more room in parts of the public right of way for outdoor dining.The Gaslamp Quarter Association submitted the application, which would close close the streets Thursday, Fridays, and Saturdays. It could be approved and go into effect as soon as this Thursday.Robert Romero owns the Tivoli Bar and Grill. The longtime family-run restaurant on Sixth Avenue reopened Monday. It's the oldest bar in San Diego county."We were open originally in 1881, never have closed in all those years, during the depression, prohibition, World War I, World War Two, until now," said Romero.The owners say they'll be strict about social distancing, face coverings, and increased sanitation protocols."We will have someone at the front door constantly monitoring our customers and making sure they are holding to the restrictions put on us," said Romero.Romero said he noticed many other bars and restaurants were not following the county health orders."It was terrible, when they do that, they're not only reflecting on us, but also putting up the potential for shut down," said Romero.County Health Officials also acknowledged there were problems Friday night after the bars first reopened, but said the city is working to close some streets.California Assemblymember Todd Gloria is also concerned about crowds gathering in the Gaslamp."Part of their reopening is a limited of their capacity, they're operating at a fraction of what they can actually accommodate. Because they were metering the entrance of customers into their businesses, that overflow of customers ends up on the sidewalk," said Assemblymember Gloria.Gloria also thinks closing Fifth Avenue is a good idea."Let's see if there's a way to meet in the middle if you will, these businesses are adhering to the guidelines; the city can certainly help people by closing down the streets, we can be passing out face masks to people who are waiting," said Gloria.Back at Tivoli's, the owners are ready to welcome back customers."Behave, be happy, we love you, they love us and remember, I love it," said Romero, referring to the name Tivoli, spelled backwards. 2648
SAN DIEGO (KGTV) -- Callum Wagner rose up among the capacity crowd inside a University City ballroom Monday. He took the stage in front of hundreds, as they gave him a standing ovation."My mom keeps saying it's a big deal," said Callum, 12. "I don't like to talk about it."Callum's mom, Beverly Wagner, says she wouldn't be alive today if not for her son. That's why on Monday, Callum was one of three children honored as 2020 local 9-1-1 for kids heroes. It was July 1, 2019. Beverly had just got out of the jacuzzi in their Alpine home when she said she was feeling ill. Moments later, she was unconscious, suffering cardiac arrest. Callum was the oldest other person home at the time. He called 9-1-1, and Heartland Dispatcher Kim Gonzales picked up. "All I remember hearing him say was, his mom is dead, and at that point, it's go time," Gonzales said. For the next eight minutes waiting for first responders, Gonzalez instructed a desperate Callum how to deliver C.P.R. "She's not breathing," Callum told her on the phone call."It's OK, keep doing 1, 2, 3, 4. 1, 2, 3, 4," Gonzales responded. It was Callum's first time delivering C.P.R. He did it so well that Beverly made a full recovery, with no brain damage. "He did a great job because he broke my ribs, and that kept me alive," Beverly said. "They said that's a good sign of CPR."Beverly says Callum deserves all the accolades. During the 9-1-1 call, Callum told Gonzales that his mom was going to die. That's when Gonzales replied, "Listen you're going to be your mom's hero. We're going to help her, OK?" 1575