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SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) -- Fleets of skywriting planes will leave artist-created messages in San Diego, Los Angeles and Orange County skies Friday above immigration detention centers, courts and historically significant landmarks in an effort to call attention to the detention of immigrants.Starting at about 9:30 a.m. above the Adelanto Detention Center, the fleet will travel to downtown Los Angeles skies, where 15-character messages will be left in the late morning airspace above immigration facilities, county and federal lockups and courthouses, followed by the Arcadia and Pomona locations of internment camps where Japanese Americans where held during World War II.In the afternoon, the planes will start at Terminal Island at about 1:45 p.m. and travel to Orange County and San Diego, where messages will be left above courts and immigration offices, with a 3 p.m. finish in the skyways above the Otay Mesa Immigration Court.Producers of the event said the goal of the skywriting performance, in which 80 artists have contributed across the country over the Independence Day weekend, is "to make visible what is too often unseen and unspoken -- the imprisonment of immigrants."Written with water vapor, the messages are designed to be seen and read for miles."We wanted to devise the sort of display that would make visible the problem of immigrant detention," said Los Angeles-based performance artist Cassils, co-founder of the nationwide project. "By going over the internment camps, we want to make clear that the problem is nothing new."Each artist's message will end in #XMAP, a hashtag devised to lead viewers to In Plain Sight, a website and interactive map which locates the U.S. Immigration and Customs Enforcement detention facilities within the viewer's immediate vicinity.Los Angeles artist contributors include Black Lives Matter co-founder Patrisse Cullors, whose words, "CARE NOT CAGES," will be written in the clouds above LA County Jail, the largest such facility in the country.Latina transgender organizer and advocate Bamby Salcedo's message, "STOP CRIMIGRATION NOW," will be projected above U.S. Citizenship and Immigration Services' downtown field office.Cassils' phrase, "SHAME #DEFUNDHATE," will be affixed over the Los Angeles-area headquarters of the Geo Group, operators of for-profit prisons.Until prisons and detention facilities are abolished, "we will fight to end the symptoms of racist law enforcement and brutality," said Tania Bernal of the California Immigrant Youth Justice Alliance, adding that she hopes to show that "even those most deemed disposable by the state are worthy of their humanity, of compassion, and of transformational growth." 2693

SAN DIEGO (CNS) - For the second day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people, indicating things may be improving locally with regard to the pandemic.If the case rate -- which was 96.5 per 100,000 people on Thursday -- stays below 100 on Friday, the county will officially be off the state's monitoring list. After an additional 14 consecutive days below that number, some schools with students in grades 7-12 could potentially reopen for in- person teaching, depending on individual school district metrics. Theoretically, if current trends continue, students could be in school by Aug. 28.Additionally, 48 elementary schools have filed waivers with the county to return to school early.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said Thursday. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."State mandates on which businesses are allowed to have indoor operations would not change, Fletcher said, until the county gets more information from Gov. Gavin Newsom's office. No other businesses can reopen after the 17 days unless the state provides further guidance.San Diego County public health officials reported 266 new COVID-19 cases and seven deaths Thursday, raising the county's totals to 33,659 cases and 615 deaths.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes which helped contribute to death were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.Of the 8,020 tests reported Thursday, 3% returned positive, lowering the 14-day positive testing rate to 4.6%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,972 daily and the county has reported 698,881 tests since the pandemic began.Of the total positive cases in the county, 2,809 -- or 8.3% -- have required hospitalization since the pandemic began, and 699 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Thursday, bringing the number of outbreaks in the past week to 22.The latest outbreaks were reported in a food processing facility and a business, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. An outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.There are 59 active community outbreaks in the county tied to 1,389 cases and 11 deaths.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it, saying its hours would expand Thursday.The free testing site will now operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily."Fletcher said Tuesday that the county's partnerships with its 18 incorporated communities were allowing law enforcement to step up efforts to punish egregious violators of public health orders.A visit from county staff is the first action used, followed by a cease-and-desist order and then an order to close. If an entity refuses to close after that order, it will be cited and fined ,000 -- as University Heights gym Boulevard Fitness was on Tuesday, Fletcher said."The selfish defiance of the public health orders only hurts those acting in good faith," he said. "This is not out of a desire to be punitive." 4673

SAN DIEGO (CNS) - A man who fatally stabbed his 66-year-old uncle during an argument in their Pacific Beach condominium was sentenced Monday to 15 years to life in state prison.Randy Bautista Baisa, 39, pleaded guilty to a second-degree murder charge in connection with the 2018, killing of Merlino Bautista. Authorities said the defendant and the victim lived together.Prosecutors said Baisa -- who has significant mental health issues, according to the prosecution and defense -- stabbed his uncle 16 times, mostly in the back. One stab wound to the left arm severed an artery, the prosecutor said.Baisa previously pleaded not guilty by reason of insanity but withdrew that plea in May.RELATED: Nephew arrested, accused of stabbing uncle to death in Pacific Beach apartment complexA neighbor at The Plaza Condominiums complex on Diamond Street called 911 in the early morning hours of Jan. 17, 2018, after the mortally wounded Bautista knocked on the door asking for help.Bautista was on the ground of a second-floor hallway when officers arrived on scene and immediately began administering medical aid, police said.He was taken to Scripps Memorial Hospital in La Jolla, where doctors pronounced him dead.Police found Baisa -- who they believed stabbed Bautista inside their residence -- at the complex and arrested him. 1331

SAN DIEGO (CNS) - A parolee accused of sexually assaulting an 88-year- old woman at a Hillcrest nursing home just days after being released from jail for an unrelated drug offense was charged Wednesday with rape, elder abuse and other felonies.Lusean Arline, 48, was arrested Monday in connection with the alleged Oct. 27 sex assault at the Balboa Nursing & Rehab Center. Deputy District Attorney Scott Pirrello alleged that Arline entered the nursing home around 3 a.m. and was found completely nude on top of the victim in her bed. How Arline allegedly entered the facility remains under investigation, but Pirrello said it's believed he got in through an unlocked door.RELATED: 88-year-old woman sexually assaulted at Hillcrest nursing homeStaff heard the victim and her roommates screaming and entered the room, prompting Arline to flee the scene, the prosecutor said. The victim, who suffers from memory decline, sustained a fractured arm in the attack, according to Pirrello.Arline was identified as the alleged perpetrator through ``evidence left at the scene'' that was submitted to the FBI Combined DNA Index System, he said. Police then tracked down Arline with help from the state Department of Corrections and Rehabilitation, SDPD Lt. Carole Beason said.Pirrello said Arline has a prior conviction from 2017 for following two elderly women home to their apartment and exposing himself to the victims.RELATED: Halfway house resident charged with chilling City Heights rapeFollowing his release from prison on Oct. 10, Arline was arrested in Chula Vista for a misdemeanor drug offense and jailed until Oct. 24, the prosecutor said. The defendant allegedly committed the sexual assault three days later.He faces life imprisonment if convicted of the latest charges.Arline, who's being held in lieu of million bail, is due back in court Nov. 18 for a readiness conference.RELATED: Police find duffel bag with assault rifle after man reportedly shoots at Hillcrest businesses 1997