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SAN DIEGO (KGTV) – Just days into California's new stay-at-home order, many businesses say this time around they won’t comply with restrictions.Some restaurant owners tell ABC 10News they’re not doing it out of defiance, but as a way to survive.“We have to stand up for ourselves. We have to open or else we lose the risk of losing our business entirely,” said Annie Rammel, the owner of Oak + Elixir restaurant in Carlsbad.Rammel said she spent ,000 to have a deck built outside of Oak + Elixir on State Street to provide a safe dining option for patrons.It was going well until she had to shut things down once again this week as COVID-19 cases surged and the state put restrictions on in-person dining were put back in place.“Closed, open, closed, open,” she said. “A lot of us are not doing well; we’re not doing well, the take out and to-go we’re losing money on that.”Rammel and a group of small business owners in Carlsbad and Oceanside decided to reopen for in-person dining Friday and take their chances, including several restaurants in the Carlsbad Village.She said if she stayed closed, her 15 employees would be laid off during an already rough year.“It’s for our employees to put food on their tables; some of them have children that they have to provide for, the holidays are coming, and I’m just not going to do that,” she said.Her patio and additional outdoor sidewalk tables were ready for customers on Friday at 4 p.m. Rammel said she expected to seat approximately 100 customers.Just next door at Caldo Pomodoro, customers were seated outside for lunch Friday.“We’re basically fighting for our lives, and we’ve been here for 29 years, it’s a family-owned and operated restaurant, it’s not that we’re doing anything wrong, we just want to survive,” said Justin Davis, who works as a server at the restaurant. “If we shut down, we’re pretty much not going to open again. We did the plexiglass, redid our tables, and invested so much money into it, and we don’t see any reason why we should shut down again.”A Carlsbad Police spokesperson said officers respond to reports of businesses operating outside of the health orders, but the goal is to gain compliance through education.However, they said willful violations witnessed by officers will be reported to the county for documentation.“We’re scared to lose our ABC license, which is our liquor license,” said Rammel. “If that happens, the group of us is saying we’re going to push through, we have some attorneys on our side, and they say we have a really good fight because there is no evidence that these spikes are coming from us.” 2614

SAN DIEGO (KGTV) -- In anticipation of its members returning, 24 Hour Fitness locations around San Diego County have made several changes that will allow them to follow county health guidelines and keep their doors open.Under the state’s tiered system for businesses, 24 Hour Fitness is among those able to resume indoor operations, but with specific modifications in place.The fitness centers are now requiring reservations for 90-minute workout sessions, and each location can only operate at 10 percent capacity, so they have to keep a close eye on how many people are inside of the building.While reservations will not be required for clubs in San Diego County, each club in the county will be capped at a 10 percent capacity.Jeremy Franke, Regional Vice President of 24 Hour Fitness, said, “We have a check-in system where we can check at any time and know how many people are in the club. And when we reach capacity, our system flags and says we’re at capacity. And we’ll have the next person wait. Like retail stores, we let one in and one out if we get full.”Once inside the gym, social distancing is a must. There are signs and markers that remind members about staying six feet apart.24 Hour Fitness has also stepped up with cleaning and disinfecting, shutting everything down for 30-minute periods throughout the day to do so.Some things will remain closed, such as spas, saunas, pools, and basketball courts. Drinking fountains won’t be available either.Management also says each of their 25 locations in San Diego County will be very strict when it comes to enforcing wearing facial coverings.Right now, group classes are not yet available, but 24 Hour Fitness is working on bringing those back.Hours of operations have also changed temporarily, with clubs operating from 5 a.m.-9 p.m. 1806

SAN DIEGO (KGTV) - Local groups including the Local Initiatives Support Corporation, are pushing for the City of San Diego to draft up and pass an ordinance that excludes certain zoning policies. "We're not asking to spend billions of dollars and build something, we're saying change the zoning. They have the prerogative, it's under their jurisdiction, we're reminding them there are issues at stake and those issues are communities to this day that are segregated," said Ricardo Flores, executive director of LISC.Flores says the same areas that were identified back in 1930 by San Diego banks as low-income areas are still falling under that category today. Additionally, areas outside of those remain zoned for single-family homes, keeping the lower income families from moving in. "So, what we’re effectively saying is, if you can't buy a single-family home in Kensington, then you can't live in Kensington. But, that’s not the truth; the truth is Kensington is zoned one thing, single family, and we need to expand that zoning." A representative at the rally from Chicano Federation says, "We are tired of the continuation of policies masked as zoning when in reality they are policies of segregation." Meantime, Borre Winkle, CEO and president of the Building Industry Association of San Diego told 10News, "The American dream is not to live in an apartment, the American dream is still to live in a single-family dwelling unit no matter how big it is".Winkle says getting rid of single family zoning isn't the solution. "For us, were totally on board with having multi family in a single-family zone, but we think it's going to run into a lot of neighborhood opposition." 1688

SAN DIEGO (KGTV) — It's Halloween week in San Diego, which means ghouls and goblins will be out to celebrate.Thursday, San Diego Zombie Crawl and and Pillage the Village hit town, giving trick-or-treaters of all ages the chance to celebrate the holiday.Día de los Muertos events also kick off this weekend, with celebrations for families to honor their families and friends in Old Town, Oceanside, Escondido, and elsewhere.Outside of the seasonal festivities, San Diego Beer Week kicks off at several breweries around the county with beer releases and specials, food pairings, and more. And the Carlsbad Village Faire promises to provide families with plenty to explore in Carlsbad, and the Fall Back Festival takes visitors back in time in the Gaslamp District.Here's a look at events to check out this weekend in San Diego:THURSDAYSan Diego Zombie Crawl Where: Gaslamp District; Cost: and upOne ticket to the San Diego Zombie Crawl grants guests access to five days of fun at more than 20 parties throughout the Gaslamp District. Day 1-3 celebrate the Halloween season with some wicked parties downtown, while the second weekend will celebrate Dia de los Muertos. Guests get the welcome shots, access to the crawl's finale party, exclusive food and drink specials.Pillage the Village and Dog-O-WeenWhere: La Jolla; Cost: FreeTake the kids out trick-or-treating in La Jolla village and frolic with all the superheroes, ghosts, and princesses during Pillage the Village. Visit merchants for a special Halloween treat and bring your pooch for a Dog-O-Ween celebration as well.FRIDAYDía de los Muertos events in San DiegoWhere: Various locations; Cost: Varies(Friday - Saturday) San Diego will hosting several Día de los Muertos events around the county this weekend. Check out celebrations that honor friends and family in Old Town, Escondido, Oceanside, and Coronado. San Diego Beer WeekWhere: Various locations; Cost: Varies(Friday - Sunday) San Diego's 10-day celebration of beer returns as San Diego Beer Week brings more than a week of special beer releases, beer gardens, drink specials, food pairings, and much more to local breweries.SATURDAYEscondido Tamale FestivalWhere: Grape Day Park; Cost: FreeEnjoy all the tamales you can handle at this celebration of the delicious dish in Escondido. Attendees will enjoy tamales from tons of food vendors, craft beers, tamale contests, a car show, live entertainment, arts and crafts, and more.Bike the CoastWhere: Oceanside; Cost: - 0Go for a ride through North County and take in pristine views of San Diego's coastal communities during Bike the Coast. The route takes riders along a 25-mile, 50-mile, or 100-mile course to a finish line festival at Oceanside Pier with music and food.Ramona Art and Wine FestWhere: Begent Ranch; Cost: - Sip on fine wines and enjoy artisan cuisine in Ramona during the Art and Wine Festival. Local artists will showcase their works and hand-painted wine barrels will be auctioned off to benefit the Ramona H.E.A.R.T. Mural Project.SUNDAYRace for the CureWhere: Balboa Park; Cost: - Lace up and help fund research and awareness for breast cancer and breast cancer survivors during the annual Susan G. Komen Race for the Cure. Runners get a special race t-shirt and can enjoy opening an closing ceremonies honoring survivors and those who we've lost to the disease.Carlsbad Fall Village FaireWhere: Carlsbad Village; Cost: FreeCheck out decor, arts and crafts, and unique gifts from more than 750 vendors during Carlsbad's massive village fair. Kids can enjoy carnival rides and games, and families will enjoy live music, delicious international foods, and a beer and wine garden.Fall Back FestivalWhere: Gaslamp District; Cost: FreeIt's time to fall back and the Gaslamp District is celebrating with a street fair featuring historical activities from way back. Kids can pan for gold, observe blacksmiths displaying their trade, or saddle up for a pony ride in the heart of San Diego. 4001

SAN DIEGO (KGTV) - It took just three months for Tyler Walter to turn from a happy and healthy toddler into a dead one while in the care of the County of San Diego, according to a recent lawsuit."Defendants literally ignored Tyler to death."Those are just two of the claims in the lawsuit filed by Tyler's mother, Lisa Walter, against the County of San Diego and several social workers.Tyler Walter died shortly after being placed with a foster parent. The cause of death listed on his autopsy is blunt head trauma. His body after death, not returned to his mother for burial but cremated, the lawsuit claims.County social workers failed multiple times in their duty to monitor Tyler's living condition and update his mother, and the Juvenile Court, regarding the dramatic change in living conditions of his county-approved caregiver, according to the lawsuit.Tyler was taken from his mother after sheriff's deputies found drugs at the house where she was staying.Tyler's mother was charged with child abuse, possession of a controlled substance, and possession of paraphernalia used for narcotics. According to the San Diego County District Attorney's Office, Walter pled guilty to all charges and is currently going through a drug court program.After Walter's arrest, a social worker told her, "Tyler would be out of Lisa's care for a minimum of six months," the lawsuit stated. The lawsuit explained the social worker said that no matter the circumstances, she never returns any child earlier than six months and voiced only contempt for Walter.Shortly after Tyler's mother was arrested, his 19-year-old cousin became his foster mother in July 2018, the investigators report in Tyler's autopsy stated. 10News is not identifying the family member because she hasn't been accused of anything.Tyler's cousin lived in a home 100 miles away in Long Beach."The placement they put him in was a home daycare center with a 19-year-old and her partner," said Walter's attorney Shawn McMillan.RELATED: Mother claims San Diego County was negligent in death of her child while in Foster CareMcMillan said Walter requested that her son be placed with his grandmother, but social workers didn't let that happen.McMillan explained Walter was trying to reunite with her son and comply with her reunification plan, which included having to participate in regular visitation with him.According to the lawsuit, "Even the Juvenile Court judge, upon learning of the placement, questioned the defendants' decision and expressed concern that Tyler was placed outside of the County of San Diego."The lawsuit states, the defendants used Tyler's "remote placement as a punishment tool – to impose a huge burden on Lisa in order for her to see her own child. Their intent was to make visitation so extremely difficult and burdensome on Lisa, that she would either fail or give up."The lawsuit also accused the county and social workers of failing to provide any means for Tyler to receive or pay for medical care while in his cousin's care.According to Tyler's autopsy, he was in and out of the hospital in the weeks leading up to his death. He was vomiting and wouldn't eat.The lawsuit stated when his caregiver took him to one of his appointments, she was turned away because social workers failed to provide her with, or set up Tyler's medical insurance program. It also claimed his caregiver repeatedly attempted to contact social workers but received no response. "As a matter of law, regulation, procedure, and policy Tyler’s medical insurance was required to be in place and fully functional before Defendants, and each of them, dumped Tyler into nineteen-year-old's care. But defendants failed to do so," the lawsuit stated.Tyler Walter's DeathAccording to the lawsuit, Tyler's cousin and her girlfriend were kicked out of the home where they were living about a week before he died.The lawsuit stated they were homeless and living out of a car in a park in Long Beach."I am not clear under what set of circumstances in what universe that would be an appropriate placement," McMillan said.Tyler Walter died on Sept. 22, 2018.According to his autopsy report, Tyler was fussy and didn't eat much the day he died.Tyler's foster mother and another adult drove Tyler to a park not far from where they were staying. They parked, unbuckled Tyler from his car seat, and one of the adults smoked marijuana, the autopsy stated.The report stated that a short time later, they noticed Tyler was, "slumped completely over with his entire top half folded in half. His back seemed splotchy. [One of the adults] got him out and noticed he was not breathing. She took him to the table and began screaming for help. CPR was performed and when the decedent was turned over, dark fluid and mucus came out of the decedent."The report stated paramedics arrived at the scene and transported Tyler, but he was pronounced dead at the hospital.The official cause of death listed on his autopsy report is blunt head trauma.The autopsy report showed Tyler had a skull fracture, bruises on the left and right side of his forehead, discoloration behind his ear, a bruise on his cheek, and a cut under his chin.The medical examiner listed the manner of death as undetermined.The Long Beach Police Department told 10News the investigation into Tyler's death is ongoing. According to the lawsuit, Tyler's mother was in shock following news of his death. It stated, "Adding further trauma, Lisa was barred from retrieving Tyler’s remains in October of 2018. Importantly, at no point were Lisa's parental rights ever terminated. But the County refused to relinquish Tyler’s body to Lisa. In spite of Lisa's protest, the County gave the body to others."Tyler's funeral was arranged by the very people whose actions led to his death, the lawsuit claimed. "He was promptly cremated. But, Lisa had wanted Tyler to be buried. Lisa was not even consulted by the County as to the disposition of her son's remains," the lawsuit stated.The County of San Diego did not respond to our request for a comment on this story.In a previous story about Tyler Walter's death, a spokesperson wrote, "The safety of children in the County's care is our number one priority. We join in the grieving for this child's passing. This complicated case remains under investigation and we are limited in offering further comment."10News is not naming the social workers named in the lawsuit.Tyler’s foster parent also did not respond to requests for a comment on this story. 6501