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SAN DIEGO (KGTV) — Four San Diego businesses, including two restaurants and two gyms, have filed a lawsuit seeking an emergency injunction to stop the latest shutdown orders.Under the red tier, both sectors were open for indoor operations as limited capacities. Restaurants were allowed to serve people inside at 25 percent of the normal capacity, and gyms at only 10%.On Saturday, purple tier restrictions will go into effect, meaning businesses like restaurants and gyms must shutdown indoor services completely and move outside.Cowboy Star Restaurant & Butcher Shop, Home & Away Encinitas, Fit Athletic Club, and Bear Republic filed the lawsuit against California Gov. Gavin Newson and the County of San Diego, as well as other state and county officials arguing that the closures go against their rights.The lawsuit states that Newsom and the California Department of Public Health (CDPH) lack the authority to impose the continuing restrictions on California businesses.All four businesses detail the numerous health and safety measures they’ve added to provide a safe environment for staff and customers during this pandemic.“I think it’s pretty clear that the law is on the side of governmental authority to try to get this under control,” said Jan Ronis, an attorney with the Law Offices of Ronis & Ronis. “Why they continue to file lawsuits… it’s beyond me.”Ronis is not involved in this case, but said when the pandemic began, he reviewed emergency legislation available to the government at both state and federal levels.“These laws have been in the book for decades, and governments have used them sparingly, and quite frankly think they’re valid as surprised as I was by the breadth and scope of government authority once these emergency declarations are declared,” said Ronis.He said he had seen similar lawsuits filed across the state during the last several months, and most don’t hold up in court.“I really feel sorry for the businesses, but the fact is this is a monumental health crisis,” said Ronis.Dr. Wilma Wooten, San Diego County’s public health officer, recently asked for the CDPH to allow the county to stay in the red tier. She explained that businesses that would be impacted the most by purple tier restrictions, like restaurants and gyms, are not the cause for the local increase in COVID-19 cases.The lawsuit said despite the data provided by Dr. Wooten, the CDPH still denied the request without any justification based on science or data.Both the law firm that filed the lawsuit and the County of San Diego refused to comment on this matter, stating they do not comment on pending litigation. 2646
SAN DIEGO (KGTV) - Delaying people's right to get out from behind bars.Some local attorneys told Team 10 that people who are arrested and accused of federal crimes are not getting to court within the required timeframe. They believe that it could have an impact on the surrounding communities."Nationally, the most serious and infested places with coronavirus are all prisons," said attorney Ryan Stitt.Stitt's a trial attorney with the Federal Defenders of San Diego.Team 10 investigator Adam Racusin asked him to explain what happens after someone's arrested and taken to a detention facility."They would come to court, they would meet a lawyer like myself, they would learn what the charges are, and there would be an effort to try and get them bond that day," Stitt said.However, Stitt said it’s becoming a challenge for facilities to get some people who have been arrested on federal crimes to an initial appearance on time.Instead of quickly starting the bail process to get out of detention centers, Stitt said they may spend more time inside."COVID-19 has fundamentally changed how the court system operates, we've seen delays increase," he said.According to Stitt, the Federal Defenders of San Diego have seen delays at Western Region Detention Center, located in downtown San Diego. The location is operated by a company called the GEO Group."GEO has not set up a process to efficiently screen and accept new bookings, and while people may actually be at GEO if they haven't had their medical screening, they are not being made available to go to court over the telephone or over video, which is perplexing, but that is the system that they've come up with, and it's creating a delay," he said. "It's delaying people's court appearances beyond the day after they are arrested."Stitt said the goal is to get people to court the same day or next business day.In many cases, when that doesn't happen, attorneys file an application for what's known as a write of habeas corpus ad prosequendum.In several court filings Team 10's reviewed the civil filings state, "Petitioner, by and through provisional counsel, Federal Defenders of San Diego, Inc., requests that the Court issue a Writ of Habeas Corpus Ad Prosequendum to Respondents who have custody over the Petitioner and require that the Petitioner be presented to a United States magistrate judge immediately for arraignment. The Petitioner submits that there is good reason to believe that the Petitioner is currently being detained in violation of Fed. R. Crim. P. 5(a)(1)(A).""Rule 5 is the federal rule that governs what they call prompt presentment," said University of San Diego Professor of Law Donald Dripps.According to the U.S. Courts, federal rules of criminal procedures rule 5(a)(1)(A) states, "A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise."The federal rules of criminal procedures also list exceptions to rule 5.According to the GEO Group, as of Oct. 13, a total of 52 GEO employees at the Western Region Detention Center have tested positive for COVID-19. A spokesperson said one of the employees who tested positive is currently at home on self-quarantine, while 51 employees have fully recovered and returned to work after meeting the return-to-work guidelines for essential workers issued by the CDC.In a statement, a GEO Group spokesperson said in part, "While the COVID-19 pandemic has presented unprecedented challenges, from the very beginning we have taken extensive measures to ensure the health and safety of those in our care and our employees, who are on the front lines making daily sacrifices at the facility."The GEO Group forwarded ABC 10News to the U.S. Marshals Service (USMS) for questions about procedures and claims of delays.According to the U.S. Marshals, as of Oct. 8, they've received reports of 23 USMS prisoners being held at the Western Regional Detention Center, having tested positive for COVID-19 at any point during the pandemic. Of those, 22 have since recovered.In a statement, a spokesperson for the Marshals Service wrote, "The U.S. Marshals Service and its contractors continue to work with the court family to ensure prisoners are produced for court in a safe and timely manner. COVID-19 has brought about a number of changes to these processes, and we adapt to these changes as they occur. One of those changes has been the temporary need to conduct initial intake for many of our prisoners at the Western Region Detention Facility. Prisoners are received by the facility multiple times per day. Each prisoner going through the intake process at the facility is medically screened, to include compliance with the court's general order on testing for infectious disease, and made available for court, via video teleconference or phone, within the same day or the following morning."Stitt said they'd like to see people come to court as quickly as possible. He explained everyone at an initial appearance in court hasn't been convicted of anything, and they are entitled to bond.Outbreaks at detention facilities endanger the broader community, Stitt said."The guards that are present, the healthcare professionals that go to the jail and then our hospitals generally that need to treat the inmates once they become ill are all impacted by the rising COVID-19 numbers in custody," Stitt said. "By delaying people's presentment in court, you necessarily increase the prison population by not allowing people that otherwise would make bond and bond out of court stay in prison longer."United States Attorney Robert Brewer says the COVID-19 pandemic has presented unprecedented challenges to the facilities that house pretrial detainees charged with federal crimes in the Southern District of California.In a statement to ABC 10News, Brewer wrote, "Notwithstanding those challenges, the facilities have worked diligently to allow arrestees to make their initial appearances via VTC or telephone at the earliest opportunity. When it was brought to the attention of the U.S. Attorney's Office that one facility was unable to provide VTC access to arrestees until the arrestees had received medical clearance, which delayed the initial appearances of a limited number of arrestees by approximately 24 hours, the U.S. Marshals Service and the facility arranged a dedicated telephone line in the facility's medical unit so that arrestees could appear via telephone for the initial appearance before receiving their medical clearance." 6634

SAN DIEGO (KGTV) – Doorbell cameras catch all kinds of things these days. Animals, package thieves.But one Poway camera caught something else that has some parents and teachers scratching their heads.Joanne Woodward, a 2nd-grade Poway Unified School District teacher, says a doorbell camera caught a school board member hanging election flyers on door handles.The problem? The flyers featured scathing "report cards" of members up for re-election containing false information. "My students would be shocked, all of the students at our school would be shocked to think that an adult, a role model at our school, would do something like this," Woodward said.The video was taken in the days leading up to the election. It shows Poway Unified school board member Kimberley Beatty and her husband, Edward, placing the door hangers on handles in Poway.The "report cards" claimed that the two members up for re-election had colluded with criminals, used taxpayer dollars for themselves, and wouldn't let students speak at meetings."Just appalling," Woodward added. There's the issue of who the flyer claims paid for the materials: "Citizens for Sound Governance." A group that — if it really existed — would more than likely have to formally file to be a committee because of how much money they spent."The intention there was to undermine our re-election," said T.J. Zane, PUSD's board president. Zane was one of the targets as well, but won his election and is now president."It's just inappropriate, it's conduct unbecoming of a board member," Zane said. Some parents and teachers, echoing that, have already started to demand Beatty step down.10News tried to talk to Beatty at her home, but she told 10News, "no comment."The California Fair Political Practices Commission said they're looking into whether Beatty and her husband violated part of the political reform act.Zane left shaking his head, saying, "it was sneaky, it was done stealthily." 2012
SAN DIEGO (KGTV) — Democrats' 5-4 majority on the technically nonpartisan San Diego City Council will increase to 6-3, a majority immune to Mayor Kevin Faulconer's veto.Democrat physician Jennifer Campbell defeated Republican incumbent District 2 City Councilwoman Lorie Zapf, winning 56 percent to 44 percent. The subtraction of one Republican could have a major impact in terms of the balance of power. Campbell believes it could have a constructive impact.RELATED: How San Diego County — unofficially — during the 2018?midterms "We'll all become collegial. I think the other side will be more willing to work with us and listen to our points of view, and we'll listen to theirs. We'll be able to work together and get consensus," said Campbell.Political expert John Dadian says a different result is possible. He draws parallels to the Democrats taking control of the U.S. House of Representatives, in terms of the situation."Congress is going to stymie President Trump for then next two years. I think the Democrats are going to stymie anything Mayor Falcouner wants to do," said Dadian.RELATED: Democrats eye path to San Diego City Council supermajorityMayoral vetoes are fairly rare, but there was one in 2014 over a minimum wage hike and, most recently, a veto was used over funding for a special election for the SoccerCity plan.Experts tell 10News some upcoming issues could be shaped by the new supermajority include budget issues like worker wages and benefits, and land use issues like the future of the San Diego Convention Center. Another example of an impact? Sources tell 10News groups against the recent ban on polystyrene foam were hoping to appeal for a mayoral veto if the Democrats had not secured a supermajority.The Mayor's office released the following statement regarding the new power balance: 1870
SAN DIEGO (KGTV) -- Harbor Police were searching for a vandal Monday who set off a panic at an upscale steak house along the Embarcadero.Customers took cover under tables and ran for the exits at Ruth’s Chris Steak House Sunday night when projectiles smashed through at least two of the restaurant’s bay-facing windows. Someone inside the restaurant shouted “gun,” prompting fears of an active shooter, customers told 10News.“It was one of the craziest things I’ve ever been through,” said Joey Giacalone, a long-time patron and former co-owner of the Venetian Restaurant in Point Loma. “I mean everyone is diving under tables. It was pandemonium.”Two bartenders and a manager jumped into action, Giacalone and his wife said, directing guests to take cover and then evacuate the restaurant.RELATED: Hillcrest restaurant reopens after one week after shooting“There were cooks telling us to come to the back door. They sent us through the kitchen. Because again, no one knew what information was really out there. We thought there was an active shooter,” he said. “I kept envisioning a gunman coming around the corner to shoot us all,” Juli Giacalone added.One of the servers working that night survived the Route 91mass shooting in Las Vegas. Ricca Salazar “reacted quickly and ran out the back door with a couple other staff members,” her husband wrote on Facebook. “She fell and they helped her up,” he said. “Scary night, scary scenario.”Harbor Police determined someone had thrown rocks through the windows. Investigators believe the unidentified vandal may have been a disgruntled customer who left the restaurant without paying earlier that evening, said Lt. Victor Banuelos.Joey Giacalone said the man had been acting strangely.“One guest said he saw him going into the women’s bathroom and said, ‘What the hell are you doing?’ And then he left,” he said.The Giacalones commended staff members for going “above-and-beyond” during the incident.“Everyone is panicking and these guys are saying, ‘Forget about me. I have to do my job for this staff and my guests,’” Joey Giacalone said.Afterward, Juli Giacalone said one of the bartenders approached her with a to-go bag in hand.“She’s like, ‘Here’s your food!’ Through the whole ordeal of being rushed out and fleeing -- we thought -- for our lives, she had carried our to-go bag through the whole situation.”Anyone with information on the vandalism should call Port of San Diego Harbor Police at 619-686-6272, Lt. Banuelos said. 2492
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