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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) -- Father Joe’s Village and Connections Housing has been activated as rain is set to move in and cold temperatures continue throughout San Diego.The shelter, located at 1501 Imperial Avenue downtown, opens when the temperature is 50 degrees or below and there is a 40 percent chance of rain or exceptional weather conditions.The program, funded by the City of San Diego, provides food and shelter.CLICK HERE FOR TODAYS FORECASTThis is the second time so far this year that the shelter has opened. The first time the shelter opened was during the first winter storm of the season at the beginning of January.Click here for more information on the shelter.  685

SAN DIEGO (KGTV) - Demolition is underway on the former Anthony’s Fish Grotto restaurant along San Diego’s Embarcadero.The destruction of the building started earlier this week at the location on Harbor Drive. Crews will also demolish the platform and pile foundation, with work due to end by late March.The Brigantine is taking over the site for its “Portside Pier” two-story restaurant project. It will include: 421

SAN DIEGO (KGTV) - Five people who witnessed a potentially deadly situation were honored by the California Highway Patrol Friday to taking action that helped save a man's life.Dennis McNea is a driver for the Freeway Service Patrol. His job is to help stranded motorists. But Nov. 13, 2019, he was driving on State Route 94 when he suffered a medical emergency. "Almost hit me," said witness Gina de la Torre, a Navy sailor who was on her way home at the time. "And as I saw him, he was hitting the highway barrier and I noticed that he was slumped over in his car."RELATED: Community helps man devoted to keeping park cleanAnother witness, Alberto Robles, used his own truck to make contact with McNea's, slowing them both down to a stop. The other four, including de la Torre, stopped to help. "They just kind of stopped and looked at me like, 'What do we do?'" she told 10News. "So that's when I was like, okay, keep calm and just do whatever you have to do."They performed CPR until medics arrived. "I don't remember what happened to me at all," McNea said. "I woke up in the hospital a couple of days later. I was told what happened."RELATED: San Diego Police honor boy who risked life to save brother from drowningMcNea said it was emotional when he finally got the chance to meet each of his rescuers at a ceremony put on by CHP Friday. "A million thanks is not enough. They gave me a lottery ticket. They gave me life. You can have a billion dollars, but you can't buy life, and they gave me life," McNea said.McNea has since returned to work. He says he plans to take CPR training so he can provide the same life-saving support he received to others in need. 1675

SAN DIEGO (KGTV) - Flu cases have more than doubled in San Diego County than this time last year, health officials reported Wednesday. Six hundred patients have been diagnosed with influenza so far this flu season, according to the San Diego County Health and Human Services (HHS) Agency. The number of cases soared last week, with 139 people diagnosed with the flu. During the same week last year, 57 flu cases were reported. Three people have died from the flu in San Diego County this season.RELATED: Third patient dies of flu this season in San Diego“Given the numbers that we’re seeing, it’s evident that more San Diegans are getting sick,” said Wilma Wooten, M.D., M.P.H., County public health officer. “And with the holidays upon us, those figures are likely to continue to increase since people will be out and about in large groups.” HHS officials urge San Diegans to receive a flu vaccine. The immunization is especially critical for the elderly, young children, pregnant women and people with compromised immune systems. To find a location for immunization, click here.RELATED: Want to reduce your child's sick days? Hand sanitizer is better than hand washing, study says 1190