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SAN DIEGO (KGTV) — An appeals court Friday granted a stay against a San Diego judge's recent ruling allowing strip clubs and restaurants to reopen despite the state's coronavirus restrictions.The decision by the Fourth District Court of Appeals, District One, freezes an earlier ruling, forcing restaurants to again only offer takeout and delivery service, per California's recent health order. Any opposition to the state's filing must be submitted by noon Wednesday.Lawyers for the state argued against the Superior Court ruling, saying it was overreach since no restaurants were parties in the suit filed by two strip club operators.RELATED: San Diego County to appeal ruling on strip clubs, restaurants amid health ordersCounty Supervisor Jim Desmond said in a statement the decision one day after some restaurants reopened was "tragic." "Today's decision to close restaurants one day after they were allowed to open is tragic for San Diego's workforce. The seesawing of people's livelihoods one week before Christmas is devastating," Desmond said in a statement.Supervisor Nathan Fletcher said in his own statement that the appeals court made the right call as cases surge."This is the right decision to protect our communities given the severity of cases and hospitalizations we are experiencing in San Diego County. Everyone should stay home unless it is absolutely essential," Fletcher said. This week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThat ruling protected strip clubs and "San Diego County businesses with restaurant service.""The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said San Diego Superior Court Judge Joel R. Wohlfeil.The county's Board of Supervisors voted Friday to appeal the ruling but said the county would only argue against the provisions that allow strip clubs to operate and indoor dining amid California's regional stay-at-home order."The Board voted to appeal the order. But the Board directed County Counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining. We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there. Please continue to cover your face, wash your hands and avoid gatherings," Chairman Greg Cox said in a statement.The recent restaurant closures come after the regional dipped under the state's ICU bed capacity threshold. The Southern California region, which includes San Diego County, hit 0% capacity on Thursday and sat at that availability on Friday.Friday, San Diego County set a record for daily coronavirus cases, reporting 3,611 new cases. 3375

SAN DIEGO (KGTV) -- A stunning photo of a female surfer riding the waves was taken at sunset in Cardiff, and the photographer who took the image is hoping to find her.Los Angeles-based photographer Robin Kerr is inspired by nature. She has been taking nature and wildlife photos since she was a child.“My dad lent me his camera on our family vacation to Montana in 1989, ever since then I’ve had the bug,” said Kerr.Kerr said she had visited some amazing places to take photos, but her trip to San Diego in 2018 is one of her favorites.“I took a trip down to the San Diego Zoo Safari Park to see all of the wildlife there," said Kerr. “It had rained on and off all day. I was thinking it might be a really great sunset, something dramatic with the clouds.”Kerr made her way to Cardiff just before it got too dark to snap pictures of the beach. At that moment, she took a stunning photo of a female surfer gliding on the water, in front of a golden sunset.“You can tell she’s just experiencing so much joy in the photo, doing what she loves," Kerr told ABC 10News.Kerr said while taking photos of other objects on the beach, she missed meeting the surfer. She posted the picture, and another zoomed-in image of the woman on her social media accounts, hoping to find her. She had no luck. Nearly two years later, she is resuming her search.“I came across that picture again; I thought man it would be so great to actually find her," Kerr said.Kerr said she has not been able to retake a photo like this. She would like to gift the woman with a large canvas of the picture when she is able to find her perfect muse.If you know the woman in the photo and can help connect her with the artist, you can find Kerr on Instagram at @agirlwonder. 1744

SAN DIEGO (KGTV) -- A total of 444 total confirmed and probable cases have been identified among San Diego State University students, the school said Wednesday.According to SDSU, 440 students have tested positive for COVID-19 with four students who have probable cases.San Diego County health officials added that one of the students was hospitalized. Their condition is unclear at this time. The figure represents an increase of 44 cases since Tuesday when 400 students had confirmed and probable cases of the virus.RELATED:400 San Diego State University students test positive for coronavirusSDSU reports 120 more COVID-19 cases since fall startSan Diego State moves all classes online for 4 weeks as student cases riseSDSU students told to stay at home over Labor Day Weekend as coronavirus cases increaseSDSU students are currently under a stay-at-home order until September 14. The order was originally set to expire this week.Students are advised to call 2-1-1 or their medical providers and stay home if they feel ill. They can also contact Student Health Services at 619-594-4325 (Monday through Friday) or the Nurse Call Line at 858-225-3105 (after hours and during weekends and holidays). Testing is available by appointment only and can be scheduled online here. 1281

SAN DIEGO (KGTV) - A student at Nazareth School San Diego in Mission Valley is in the hospital with meningococcal disease, county health officials said Friday. The County Health and Human Services Agency (HHSA) said it is reaching out to anyone who came in close contact with the child at the K-8 school. Antibiotics are not being recommended for those who are not at risk. “While meningococcal disease can be serious and deadly, it is not spread through casual contact. Therefore, the risk to those who were not in close, direct contact is minimal,” said Wilma Wooten, M.D., M.P.H., County public health officer. “We want to make sure students are up to date on immunizations and are asking people in the school community to look for the signs and symptoms of the disease.” Meningococcal disease is caused by a bacteria and spread through close contact including sharing drinking glasses, eating utensils, and smoking or vaping equipment. The bacteria can cause serious and potentially life-threatening illness. Symptoms include fever, headache, sensitivity to light and noise, a stiff neck, and a rash. Anyone who develops the symptoms should get medical help, health officials said. 1193

SAN DIEGO (KGTV) -- An Australian national and his Long Beach business partner are accused of siphoning more than million from the State of California in a years-long charter school scheme. According to the San Diego District Attorney, the pair sought out small school districts with limited experience in oversight and proposed they start online charter schools to earn more public funds. Sean McManus, 46, and Jason Schrock, 44, the CEO and president of A3 Education, along with nine other people named in the case have been indicted in San Diego County. Criminal counts include conspiracy, misappropriation of public funds, paying for student information and conflict of interest.A year-long investigation uncovered a massive scheme in which McManus and Schrock told subordinates and co-defendants to open a total of 19 charter schools in both San Diego County and statewide, according to the DA. The charter schools are listed below: Valiant Academy San DiegoValiant Academy Los AngelesValiant Academy Santa BarbaraCA STEAM San BernardinoCA STEAM SonomaCA STEAM Sonoma IICA STEAM Santa BarbaraUplift California MontereyUplift California NorthUplift California SouthUplift California Santa BarbaraCalifornia Academy of Sports ScienceCalifornia Academy of Sports Science FresnoCalifornia Vanguard FresnoUniversity PrepUniversity Prep FresnoUniversity Prep San BernardinoCalifornia Prep Sutter K-7California Prep Sutter 8-12 “These defendants engaged in a devious, systematic public corruption scheme on the backs of students, their parents and the public that over time diverted millions of taxpayer dollars into their own pockets,” District Attorney Summer Stephan said. “Our team of investigators and prosecutors uncovered widespread misappropriation of public funds that extends across the state.”Co-defendants in the case who worked under McManus and Schrock at the charter schools reportedly failed to disclose their relationship with the men when starting the schools, claiming to be the schools’ leaders. McManus is charged with 64 counts and is facing more than 40 years in prison if convicted. Schrock is charged with 62 counts and also faces more than 40 years in prison, Stephan said. On top of creating the charter schools, both McManus and Schrock are accused of running another scam that paid athletic organizations for student information. The pair reportedly paid pre-existing youth programs as little as per student for enrollment documentation and would then enroll the students into a charter school during the summer, collecting roughly ,000 per student from the state. McManus and Schrock are then accused of transferring more than million in public charter school funds into companies the pair own or control. Instead of spending the money on education, once the money was in private bank accounts, both men are accused of using the funds for themselves and their families. According to authorities, McManus and Schrock used the money to invest in startup companies, real estate, and wired money directly to themselves or family members. Most of the money obtained from the state ended up in the pockets of McManus and Schrock, the District Attorney's office said. San Diego's District Attorney held a news conference Wednesday morning. Watch the conference in the player below: 3326

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