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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) -- Donut Bar in Chula Vista abruptly closed its doors Monday, just five months after opening at Eastlake's Village Walk shopping center. A sign on the door said in part: "We have enjoyed serving this community and we appreciate all of the support you have shown us over the last 5 months. We will miss seeing your smiling faces and we will especially miss those of you who graced us with your presence almost every day." Customers were shocked about the closure and told 10News the business would often sell out, with lines out the door. RELATED: Chula Vista taco spot attracts customers from all over San Diego CountyThe sign on the door also said: "Although our goal was to continue to serve you for the next 10 years, we have found that we are not able to do so under the Donut Bar brand. Finding an honest and supportive brand that aligns more with our mission to be successful and serve our community is essential to us." 962

CHULA VISTA, Calif. (KGTV) — A Chula Vista man says he got a screeching, costly surprise after he started his car Wednesday morning.Along Regency Way, just before 6:30 a.m., Jimmy got into his Toyota Corolla S, which was parked in the street."Started the car. As I was pulling out, felt my car lurch to the side," said Jimmy, who asked us not to use his last name.The lurch came amid the most awful of noises."Pretty much like a crash ... felt the scraping of my rotor on the asphalt ... and then pretty much my car slammed into the asphalt itself. Traumatized and scared of what happened," said Jimmy.His heart sank as he got out and stared at the driver's side wheels, which had fallen off."My lug nuts were completely missing, all ten of them on the left side," said Jimmy.His repair estimate: a staggering ,500. He's insured with a 0 deductible. "Every little cost affects you. It matters," said Jimmy.Jimmy's vehicle was not the only target. Two blocks away the same morning, another driver shared a similar fate because of stolen lug nuts. A member of the HOA board for the nearby condos told 10news that a month ago, there were reports of a car with loosened lug nuts. The motive of the incidents remain unknown. Jimmy doesn't believe he was personally targeted, but he's fearful the thief will be back at it again. "It could have cost my life or another driver's life. Definitely no joke and not funny," said Jimmy. 1436

CHULA VISTA, Calif. (KGTV) — The beauty industry is one of the many sectors that are being forced to shut down again after the state's new stay-at-home order goes into effect Sunday night. Many business owners are frustrated, feeling as though they are being unfairly punished.Open for now, but not for long. Instead of appointment confirmations, Boudoir Nail Bar in Chula Vista is making appointment cancellations again.RELATED: County urges San Diegans to heed new health orders as COVID-19 cases surge'The rules are changing once again' Mayor Kevin Faulconer responds to Newsom's new shutdowns"Literally, we are in limbo," owner, Nora Neff, said.The salon has already had to shut down twice since March. Since then, Neff has had to invest thousands of dollars in personal protective equipment, sanitation supplies, and filtration devices. Each time she has lost income, staff, and hope."Obviously, we are not talking about profit because that's been long gone since March," Neff sighed. "We're just talking about survival."Nail salons are just one of the many industries that are being forced to shut down completely starting 11:59 pm Sunday. According to the new State rules, they will be closed for at least three weeks.Others industries that must shut down completely include:Hair salons and barbershopsPersonal care servicesBars, breweries, distilleries, and wineriesMuseums, zoos, and aquariumsMovie theaters and entertainment centersIndoor and outdoor playgroundsCardrooms and satellite wageringCustomer, Stevie Jamison, says she feels lucky to get an appointment Saturday, right before the shutdown. But she feels terrible for the staff, who will become jobless again during the holidays."I'm here to support them and their business more than anything," Jamison said.Supervisor Jim Desmond disagrees with the State's umbrella approach regarding the shutdown."Use a surgical method as opposed to a grenade, going in and shutting down an entire sector," Desmond said.Neff suggests a case-by-case approach."Just do random inspections to random businesses," Neff said. "If people are not following the protocol, you shut those businesses down. It’s playing with people's lives at this point.”Desmond released a statement on Saturday, saying in part he did not believe San Diego County should be included with several other Southern California counties: 2366

CHULA VISTA (KGTV) -- Chula Vista police investigators are searching for clues in the fatal shooting of a 52-year-old man early Saturday morning.Officers responded to a report of gunshots at around 5:08 a.m. in the 900 block of Agua Tibia Avenue, a few blocks west of Cook Elementary School.A witness led officers to a residence where gunshots were believed to have originated, according to CVPD Lt. Dan Peak.Peak said when officers entered the home, they discovered the victim on the ground with a gunshot wound."Officers attempted life saving measures on the subject and despite resuscitation efforts, he was pronounced deceased at the scene," said Peak.The victim has been identified as Dean Tinsley. No further information about the victim was released.Peak said there is no known motive for the slaying at this time. Investigators are trying to locate witnesses and suspected shooter or shooters.Anyone who may have any information regarding this incident is asked to please contact San Diego County Crime Stoppers at 888-580-8477. 1044

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