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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) -- Dozens of parents chanted "Too much, too soon," and " Protect our kids, protect our kids," before the school board meeting Tuesday evening. This is the the third time in less than one year that parents have shared their concerns about the district's Sexual Health Education Program (SHEP).  The district started teaching the program last year to students in sixth, eighth and high school following the state's passage of the California Healthy Youth Act.RELATED: Parents keep kids home to protest sex-ed programAshley Bever is a substitute teacher in the district and mom of two middle school students. She kept her kids home from school Tuesday in protest of the program that she calls too graphic. "I don't think you need to give kids more explicit content in order for them to make good choices. We just want it to be age appropriate," she said. "We don't think talking about oral, anal, and vaginal sex in the sixth grade is entirely appropriate or telling middle schoolers you can use a flavored condom."Other parents told the board the material promotes sexual experimentation and doesn't do enough to promote abstinence and pregnancy prevention. 　  "It's not about sex education, it's not about biological science, it's about promulgating and pushing a world view upon them. It's about sowing the seed of idea of gender confusion, gender dysphoria is what you're trying to promote," one parent told the board. District officials say students can opt out of the program with a note from their parent. They say less than one percent did so in 2017.The board maintains the program is state mandated, but attorney Dean Broyles with the National Center for the Law and Policy said that's not true. "There are only recommended curriculum, there are no mandated curriculum under the CA Healthy Youth Act because it's too new and a framework has not even been developed yet," said Broyles. Broyles told the board parents have been waiting almost a year for the public records that show how the curriculum was adopted. He told the board if they don't get the records soon, they'll go to court to fight for them.The board did not take any action on the issue. The item was not on the agenda. Parents say they've been asking the board to put it on the agenda for nearly a year. 2396

SAN DIEGO (KGTV) — Health officials issued two new public health orders Monday addressing cruise ships arriving in San Diego during the coronavirus pandemic.The orders are meant to give the county more legal framework in how the Port of San Diego interacts with ships and the cruise industry, Dr. Eric McDonald, the county's medical director of epidemiology, said.RELATED: San Diego gyms ordered to close in new coronavirus health orderThe new orders include:"No passenger or employee may disembark a cruise ship in San Diego harbor without the approval of the health officer or designee if any person on the cruise ship has tested positive for COVID-19. Any cruise ship that is permitted to dock in San Diego harbor shall notify the health officer or designee regarding any emergency medical treatment required for passenger/employee and follow all directives from the health officer or designee.No cruise ship in San Diego harbor may dock or disembark employees or passengers after March 31, 2020. However, upon approval of the health officer, a cruise ship may dock solely for the purposes of receiving fuel and provisions, so long as no employee or passenger disembarks. Cruise ships docked in San Diego harbor shall notify the health officer or designee regarding any emergency medical treatment for a passenger/employee and shall follow all directives of the health officer or designee.""I know there have been questions about ships that have come before and I can say that the individuals who have all departed these ships in the past to-date and tomorrow all have been screened, have no symptoms, and have no fever, and are leaving to go to their homes of record to complete 14-days of CDC recommended quarantine," McDonald said. "The best place for those individuals to complete quarantine is at home."RELATED: Grand Princess cruise passengers complete two week quarantine at MCAS MiramarMcDonald said 17 San Diegans who were on the Celebrity Eclipse, which arrived Monday, will complete their quarantine locally. The other passengers will travel home for their quarantines.The only ship that has had positive coronavirus cases is the Disney Wonder, which arrived in San Diego nearly two weeks ago. One passenger and one crew member who each tested positive are currently hospitalized, McDonald said. There are also two pending cases related to the ship and was one emergency evacuation from the ship.As of Sunday, San Diego County had reported 519 coronavirus cases and seven deaths due to the virus. 2518

SAN DIEGO (KGTV) -- For the first time in over two decades, there will be a new San Diego County Supervisor for District 1. Nora Vargas will be the first Latina to ever serve on the Board of Supervisors. The Democrat will take over for Supervisor Greg Cox, who is termed out. She beat her Democratic opponent, state Sen. Ben Hueso, by roughly 13%. Nora Vargas, a Chula Vista resident, said her background is in health care and education. She's served on the board at Southwestern College since 2013; she's been board president since 2018. She's also an executive at Planned Parenthood. Vargas said her top priority as she heads into office is the COVID-19 pandemic. District 1 primarily serves the South Bay, which is one of the areas hardest hit by the pandemic in the entire county. "For me, it’s really important that we find a balance -- how do we make sure that our small businesses are thriving, that they stay open but at the same time that our communities are healthy and safe? That has to be a priority," explained Vargas. Vargas was born in Tijuana and raised in Chula Vista where she became a U.S. citizen. As the first Latina to serve on the board, she hopes she won't be the last. "I see that as a big responsibility but also as a great opportunity to have dialogue about the issues that really matter for our communities," said Vargas. Other priorities for Vargas include housing security, a climate action plan and economic recovery.Vargas will be sworn in on Jan. 4. 1490

SAN DIEGO (KGTV) — Hotels hit hard by the coronavirus are getting a reprieve thanks to Labor Day weekend, as tourists snatch up rooms along our coast.Elvin Lai, who owns Pacific Beach's Ocean Park Inn, says he's pretty much booked with premium rates. And, for the first time this summer, he's getting calls from overbooked hotel managers needing to find rooms for overflow guests. "I think people are just saying, I've got to get out, I don't care how long the drive is, let's just go," Lai said. Lai said resort-centric hotels like his are make-or-break during the summer, so it hit particularly hard when the coronavirus led to mass cancellations. Making matters worse, Lai had just spent million upgrading the hotel's 71 rooms."It was just like, boom! Uppercut to the chin," Lai said. "I couldn't plan for it. I couldn't forecast it. There was no model to look at."Now, he's in for a different challenge, because his hotel is understaffed, and he says he is struggling to fill positions. So, come Tuesday, Lai said he will not have the capability to make every room available for a quick turnaround.Additionally, multiple vacation rental hosts told ABC 10News that they are fully booked for the holiday weekend,Overall, occupancy remains down. A new city report says the visitor industry is off about 80% compared to pre-COVID levels. Additionally, the report says the hotel industry won't recover nationwide until the beginning of 2024. 1452