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SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708

SAN DIEGO (CNS) - New health restrictions took effect Monday in San Diego County and the rest of Southern California, shutting down indoor service at restaurants among other closures, due to the rapidly increasing number of coronavirus hospitalizations.A state-mandated "regional stay-at-home" order went into effect at 11:59 p.m. Sunday, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 20.5% of its ICU beds available as of Saturday.On Sunday, the county reported 35 new hospitalizations, bringing the total to 4,871. Three more patients were placed in intensive care, bringing the total to 1,068.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and prohibits gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.On Sunday, San Diego County officials reported 1,703 new cases of COVID-19 and seven additional deaths.That brings the total number of cases to 92,171 with 1,062 deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches are restricted to outdoor only services. Entertainment production -- including professional sports -- are be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley joined the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Regional-Stay-at-Home-Order-.aspx. 3994

SAN DIEGO (CNS) - Health officials Wednesday announced the deaths of two more residents in San Diego County due to influenza-related complications, bringing this flu season's confirmed death toll to five. A 78-year-old North County woman died earlier this month and a 70-year- old woman died in July, but both deaths were only reported last week, according to the county Health and Human Services Agency. Both women, who were not publicly identified, had no record of receiving a flu shot and both had additional medical issues, HHSA officials said. RELATED: San Diego's flu cases more than double over previous seasonThe HHSA also reported that 122 flu cases were confirmed throughout the county last week, bringing this season's total to 731 cases to date. Only 353 cases had been confirmed at this time last flu season, which the county tracks concurrently with the fiscal year that begins July 1. ``Influenza can be deadly, especially for elderly people, young children and people with compromised immune systems,'' said Dr. Wilma Wooten, the county's public health officer. ``Our condolences and sympathy go out to the families of the two women.'' County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like lung disease and people age 65 or older. RELATED: Where you can get a free flu shot in San Diego CountyResidents can take precautions against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people. The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 2003

SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485

SAN DIEGO (CNS) - A man who was a 17-year-old gang member when he killed a San Diego police officer in 1978 has been granted parole, but District Attorney Summer Stephan said today that she is hopeful Gov. Gavin Newsom will reverse the decision. Jesus Cecena, 59, was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range. The officer died in the street, his hand still on his service revolver.Cecena was granted parole Wednesday during a video-conferenced hearing at Valley State Prison in Chowchilla. He was previously granted parole in 2014, 2015 and 2017, but each time the decisions were reversed.Cecena's latest parole hearing -- his 18th -- included a discussion of his criminal record, psychiatric factors, parole plans, and statements by representatives of the victim's family.``We are deeply disappointed that the killer of one of San Diego's finest officers was granted parole,'' Stephan said. ``This crime impacted the entire San Diego community and caused great pain for the family of Officer Archie Buggs.`` This fallen officer was so respected by the law enforcement community that a substation was named after him,'' she said. ``We are hopeful that Governor Newsom will review this parole grant and reverse it once again to keep this killer incarcerated.''In 1979, Cecena was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting. 1708

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