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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego County public health officials have reported 540 new COVID-19 infections and one new death related to the illness, raising the region's total to 59,656 cases and 908 deaths as the county continues to await news on whether it will sink into the dreaded purple tier of the state's four-tiered COVID-19 reopening plan.State officials reported Wednesday that San Diego County had an unadjusted new daily coronavirus case rate of 8.7 per 100,000. The adjusted case rate had dropped to 7.4 per 100,000, above the baseline of 7, qualifying the state for the purple, or most restrictive tier of the reopening plan. Last week's unadjusted case rate was 7.8 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that more restrictive tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.San Diego County has been in the red tier for months, skirting but ultimately avoiding the purple tier, which would necessitate the closure of almost all indoor operations of nonessential businesses. Recent trends have shown a slow but steady increase in infection numbers.If the county cannot drop its adjusted daily case rate below 7 per 100,000, indoor operations in locations such as restaurants, museums, places of worship, breweries and retail businesses will have to either close entirely, move to outdoor operations only or modify in other ways.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.Dr. Wilma Wooten, the county's public health officer, said retail operations, including indoor shopping centers, will be limited to 25% of building capacity, down from the current 50%. Schools, unless they have already restarted in-person learning, will be restricted to distance learning. K-12 schools already in session can continue, Wooten said."Cases are increasing in the region and it is vital that we take this virus seriously and recommit ourselves to the strategies that are proven to work," she said Thursday. "Wear a face covering when you go out in public, stay six feet away from others and avoid crowds and large gatherings."The county's testing positivity rate actually improved, declining 0.3% from last week to reach 3.2%, but remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.1% to 5.3% and entered the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case data to determine where counties stand. The next update will be Tuesday. 2970

SAN DIEGO (CNS) - The San Diego City Council voted unanimously today to support Mayor Kevin Faulconer's plan to expand outdoor dining and retail options during the COVID-19 pandemic.The vote follows Faulconer's July 7 executive order that waived requirements for the temporary use of sidewalks and private parking lots as outdoor dining and retail venues to increase space for physical distancing.Tuesday's vote allows businesses to use adjacent on-street parking to operate while also waiving a majority of permitting fees.``Our local restaurant and retail owners have shown incredible resolve and resilience throughout this pandemic. Many of those small businesses have been among the hardest hit and San Diegans are ready to support them safely and responsibly,'' Faulconer said. ``The response we've seen to outdoor dining has been overwhelmingly positive, and this ordinance opens up so many more options for our small businesses as they work hard to rebound and recover.''The plan is expected to impact up to 4,000 restaurants in San Diego that employ more than 55,000 individuals.Previously, securing an outdoor sidewalk cafe permit could cost businesses more than ,000 and take several months to process. This ordinance will help reduce applicant costs and the review process.``Small businesses account for 98% of San Diego companies. Needless to say, the impact COVID-19 is having on our small, independent, and family-owned businesses is monumental,'' City Councilman Chris Cate said. ``Outdoor dining gives businesses a fighting chance to make it another day, and I applaud Mayor Faulconer for his innovative efforts.''The ordinance also allocates 0,000 in further assistance by absorbing permitting costs for the first 500 businesses that apply with remaining applicants paying significantly reduced fees. Part of the funding is specifically for outreach and education on the program for small and disadvantaged businesses.The city will enter into an agreement with the Strategic Alliance of San Diego Ethnic Chambers of Commerce -- comprised of the Asian BusinessAssociation of San Diego, the Central San Diego Black Chamber of Commerce, and the San Diego County Hispanic Chamber of Commerce -- to provide informational materials in multiple languages and target hard-to-reach communities and disadvantaged businesses.``Working together to support communities of color that have been disproportionately impacted by COVID-19 will help restaurants in these communities recover and continue to contribute to this vibrant economic and cultural landscape in San Diego,'' said Donna DeBerry, spokeswoman for the Strategic Alliance of Ethnic Chambers of Commerce.Upon implementation, the mayor's ordinance will:-- allow outdoor business operations for dining and retail in parking lots, on-street parking spaces, and sidewalks as well as neighboring business frontage with written permission of neighboring business owners;-- waive special event permit fees to allow nonprofit applicants to close streets and conduct business outdoors faster and cheaper;-- broaden allowances and reduce required permits for temporary signs;-- allow for expanded wholesale distribution of food, beverages, and groceries directly to consumers while allowing for social distancing;-- preserve mobility, safety and emergency access for pedestrians, and preserve requirements that ADA access and path of travel be maintained at all times;-- require full compliance with all state and county health orders and guidance. 3516

SAN DIEGO (CNS) - The discovery of an unidentified and potentially suspicious object on the grounds of Lindbergh Field Monday prompted the evacuation of a non-public operations structure until a bomb squad determined that there was no safety hazard.The security measures at the Delta Cargo building on the southeast side of the bayside international airport began about 1:30 p.m., San Diego Harbor Police Lt. Victor Banuelos said.Officials cleared all workers out of the Airlane Road facility and called in the Metro Arson Strike Team, which determined that the object was harmless. The evacuation order was lifted about 3 p.m., according to Banuelos.RELATED: Suspicious packages found near San Diego Union-TribuneThe lieutenant said he had no description of the errant item that prompted the investigation.Operations at the rest of the airport continued normally during the incident, Lindbergh spokeswoman Rebecca Bloomfield said. 939

SAN DIEGO (CNS) - Restaurant chain Tapioca Express has agreed to pay more than 0,000 to settle a federal sexual harassment lawsuit involving two franchises in Chula Vista and National City, where the owner was accused of making unwanted sexual advances toward young female employees, the U.S. Equal Employment Opportunity Commission reported Monday. Tapioca Express will pay 2,500 due to the unidentified restaurant owner's conduct toward Filipina employees between the ages of 17 and 23, according to the EEOC, which reported the harassment involved "repeated and unwanted comments of a sexual nature and physical contact," which led some employees to quit their jobs. The EEOC did not specify how many employees were harassed, but alleged that a written complaint did not lead to any changes regarding the harassment. "We commend the young women for coming forward to shine a light on the harassment to which they were subjected," said Christopher Green, director of the EEOC's San Diego office. "Their strength may give courage to other young people or those in the Asian American and Pacific Islander community who may be suffering harassment or discrimination in the workplace to come forward as well."In addition to the settlement money, Tapioca Express will hire an "external monitor" to review sexual harassment policies and procedures and establish a complaint procedure for employees. Anti-sexual harassment training will also be provided to all employees. "Harassment remains a persistent problem in the workplace, which must be addressed top-down in any company," said Anna Park, regional attorney for EEOC's Los Angeles district office. "We are encouraged by the steps Tapioca Express has taken to resolve this matter and the measures it has put in place to prevent workplace harassment and discrimination." 1834