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CHULA VISTA (CNS) - A Chula Vista church that challenged California's COVID-19 restrictions in a legal fight that went before the U.S. Supreme Court has filed an amended complaint in its bid to see churches reopened during the pandemic.South Bay United Pentecostal Church and its pastor, Arthur Hodges III, filed the new complaint last week in San Diego federal court, nearly two months after the U.S. Supreme Court ruled 5-4 to uphold COVID-19 restrictions placed on religious gatherings by Gov. Gavin Newsom.At the time, the church accused the state of arbitrarily allowing certain sectors considered essential to stay open, while discriminating against religious institutions, a move they claimed "intentionally denigrated California churches and pastors and people of faith by relegating them to third- class citizenship."California imposed restrictions this month on a number of indoor activities due to a spike in COVID-19 cases, and the church is seeking an injunction that will allow it to open under the same standards as other sectors when those businesses are allowed to reopen.This time, the church renews its objections while also taking aim at alleged favoritism toward the police protests that began in late May following the Memorial Day Minneapolis death of George Floyd."When the public sentiment began to favor race-based political protest instead of compliance with the pandemic restrictions, public officials were all too eager to grant a de facto exception for those favored protestors," the complaint states. "This favoritism has caused amazing harm in the form of a general loss of confidence by the American people in the merits of the pandemic restrictions at all."The church again says that a number of secular industries were allowed to reopen, while alleging they may have presented more of an infection risk than places of worship.It also takes issue with restrictions Newsom placed on churches when they were allowed to reopen, including attendance caps of 100 people or 25% occupancy, and prohibitions against singing indoors. The injunction South Bay United seeks would also prevent California from banning singing or chanting during worship services, or issuing any other "allegedly neutral ban...that clearly targets worship."As in its earlier filings, the church states that indoor services are needed for proper worship and that tele-conferenced or outdoor services are "inadequate substitutes."In the amended complaint, the church states its preference that "the entire congregation meet at once" and that placing capacity restrictions on services "would be like holding a family reunion in three sessions."In its allegations of discriminatory practices, the church alleges "ordering that `worshippers may not gather' is not different than -- and equally repugnant as -- ordering that `African-Americans may not gather' or `Chinese may not gather,"' in addition to comparing the restrictions on worship to "providing specific (mandatory) guidance for heterosexuals, homosexuals and other sexual minorities."The complaint also alleges the state's shutdown orders are too restrictive in the face of a "generally non-lethal disease."South Bay United's attorneys allege that death rates from COVID-19 are declining and that California's death rate "has largely stabilized."While California recently overtook New York as the state with the highest number of COVID-19 cases nationwide, and ranks fourth in total deaths, the church states California has the 30th-highest death rate in the nation, while also alleging that death rates in San Diego County have been low."In a society hostile to religion, banning worship might be justified to prevent deaths, but not common, flu-like symptoms," the complaint states.Both a San Diego federal judge and the U.S. 9th Circuit Court of Appeals rejected the church's challenges, leading to the U.S. Supreme Court's rejection in late May in a 5-4 decision.Chief Justice John G. Roberts wrote in an opinion denying the request that "Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods."The majority opinion noted: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the states to guard and protect."Justice Brett M. Kavanaugh wrote the dissenting opinion joined by Justices Clarence Thomas and Neil M. Gorsuch."I would grant the church's requested temporary injunction because California's latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment," according to the opinion, which also noted that "comparable secular businesses" were not subject to occupancy caps. 5507

CHULA VISTA, Calif. (KGTV) - One man is dead after a fight erupted at a South Bay gas station Monday night.Police said two men began arguing outside the AM/PM gas station at 765 E Street just after 8 p.m. Police responded to find one man unresponsive on the ground. The victim was taken to Scripps Hospital in Chula Vista, where he was pronounced dead.Chula Vista police reviewed surveillance footage from the gas station, which showed the victim sitting on a curb asking customers for money at the gas station.The suspect, later identified as 64-year-old Carl Keele, walked up and was confronted by the victim, according to police. The two men appeared to argue before the victim stood up and attempted to punch Keele.The two began to throw punches and kicks at one another until the victim collapsed. Keele then walked off camera and left the scene, police said.Police said the victim could be seen breathing while laying on the ground. Witnesses told police they thought the victim was joking around after he fell.Police later located Keele and took him into custody. Keele told officers the victim asked him for as he approached the AM/PM. He told him no and the victim called him a racial slur, according to Keele.Keele said he told others not to give the victim money and the man became angry and started swinging at him. Police said Keele defended himself by throwing punches in return until the victim collapsed.Police said based on witness statements and Keele's statement, they do not see any grounds to charge Keele.The victim's name is not being released pending family notification.CVPD is still investigating the incident. Anyone with information is asked to call police at 619-691-5151. 1782

CINCINNATI -- Family members and friends said their final goodbyes to 16-year-old Kyle Plush at his funeral Monday.The teen died trapped inside his van at Seven Hills School last Tuesday, even after he pleaded with 911 operators to send help. Two Cincinnati police officers and a Hamilton County sheriff's deputy who searched near the school never found him. A Cincinnati City Council committee has a special meeting Tuesday afternoon to look into what happened.After Plush's death, the Cincinnati Police Department released a?computer-aided dispatch report,?Plush's calls and some dispatch traffic. It later released an internal review of the incident?after it was leaked to multiple news outlets.But the department has yet to explain exactly where its officers looked and what they did during their search for Plush. Nearly a week after the teen suffocated, numerous questions remain about what went wrong that day.The first 911 operatorStephane MaGee took the first 911 call from Plush. She couldn't communicate back and forth with him, because he said he could not hear her.MaGee indicated the caller was a female trapped in a van at the Seven Hills parking lot in "unknown trouble."Using latitude/longitude coordinates, she found Plush may be across the street from the school. She noted that location may be a thrift store parking lot in the dispatch report. Officers were dispatched to 5471 Red Bank Road, which is the parking lot across from the school where Plush was suffocating inside his Honda Odyssey. MaGee noted she used "Phase II" to find the location; "Phase II" is shorthand for a requirement, from the Federal Communications Commission, that wireless providers have to give 911 centers the latitude/longitude coordinates of cellphone calls.The latitude/longitude coordinates MaGee obtained were within feet of where Plush would be found dead later that night. Even though MaGee had almost the exact location of where Plush was found, a supervisor later wrote she should've used the school's name -- which would've sent officers to a less-exact location, at 5400 Red Bank.The officersRecords show Cincinnati Police Officers Edsel Osborn and Brian Brazile, riding double as Unit 2232, responded to the school to investigate Plush's first call. It's unclear if they ever came back on the radio to ask for clarification about the caller or vehicle.The officers noted they tried calling Plush back but didn't get an answer. Less than 11 minutes after arriving, they marked the assignment complete and were ready for a different assignment.Later that night, when Plush was found dead, another call went out for police to respond to Seven Hills School. Officers didn't yet know Plush was dead. Brazile and Osborn's unit, 2232, came on the radio to say they'd been there earlier in the day and found nothing."I think somebody's playing pranks. It was something about they were locked in a vehicle across from the school, we never found anything. But we'll respond and see what else we can find," one of them said in the radio transmission that night.That's what we know about the two Cincinnati police officers' actions. WCPO has requested numerous records, which have not yet been provided.Chief Eliot Isaac has not gone into detail about what the officers did at the school that afternoon. In a news conference Thursday, he never mentioned them by name. 3414

CHULA VISTA, Calif. (KGTV) — Chef Jose Barajas' wild confection creations have made mouths water on episodes of TLC's "Next Great Baker," and soon, South Bay residents will get their own taste of his baked goods.Barajas, also seen on Food Network, is bringing his custom cake skills to downtown Chula Vista with Mmm...Cakes, a cafe-style bakery offering cake by the slice, custom cakes, beer and wine to compliment desserts, and more. Barajas, who grew up in San Diego, says the 2,300-square-foot bakery will aim to bring a "sexy Golden Girls" vibe to Third Avenue, with neon lights, tropical leaves, and more Miami-themed decor.RELATED: Novo Brazil to opens new Otay Ranch brewpubWhile the bakery will feature Barajas' knack for creating outlandish cakes, he says it also gives him the chance to go "back to my roots of pastries" and team up with his brother and sister-in-law in the new venture.Breakfast pastries, muffins, cookies, and a Sunday brunch menu are being planned. Cafe-style foods like paninis, crepes, and fancier plated dishes fit for date nights in the evenings are also on the docket, Barajas says.A storefront is being planned at 310 Third Avenue for a summer 2020 opening.Barajas will be seen next on Food Network's "Food Network Challenge" on Monday, Jan. 27, where he'll be competing in a Monopoly cake competition for ,000.Take a look at some of Barajas' work below: 1401

CHULA VISTA, Calif. (KGTV) - Chula Vista’s Police Chief and a city councilman hosted a public safety meeting in a community where most would think safety isn’t an issue.  Chief Roxana Kennedy and Councilman John McCann met with several residents Wednesday night at the Montevalle Community Center.“I feel the balance is like this:  Housing, people, lights, traffic, less parking and police protection and presence are here,” said Chula Vista resident Dianne Farsetta while holding one hand up and one hand down. “It is a little scary.  We want to be in a safe environment.”Community groups on Facebook and Nextdoor appear to post more instances of crimes throughout the communities of Eastlake and Otay Ranch. Farsetta said the city is growing faster than its police force.However, Councilman McCann says the crime in his district is still less than half the crime level in other Chula Vista districts.  Additionally, McCann said Chula Vista is still one of the safest cities of its size in the country.  Nevertheless, McCann and Chief Kennedy listened to the community Wednesday night.“We want to make sure that we’re working with our police and our community to continue to make it as safe as it is,” he said.Farsetta and several others want to see more police on the streets and a police substation on the city’s eastern side.  Headquarters is on the western side of the city.McCann said the city’s immediate need is more officers on patrol.  He added he wants a substation but that the estimated million price tag is too much for Chula Vista. 1598