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SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc

SAN DIEGO (CNS) - A 21-year-old man who fatally stabbed a transient in Ocean Beach was sentenced today to 15 years to life in state prison. Noah Mitchell Jackson, 21, was convicted earlier this year of second-degree murder for the June 22, 2017, killing of 65-year-old Walter ``Ras'' Riley, an Ohio native nicknamed ``the Incense Man'' due to his practice of selling aromatic burning sticks at local farmers' markets. Officers sent just before 12:30 a.m. to the 1900 block of Bacon Street found Riley lying on the sidewalk with stab wounds to his upper body. He was pronounced dead at UCSD Medical Center. Deputy District Attorney Michael Reilly said the victim was stabbed five times, with the killing blow entering his back, breaking several ribs and puncturing his heart. RELATED: Police search for man suspected in death of homeless man in Ocean BeachJackson confessed to a friend that he stabbed Riley, according to the prosecutor, who said Jackson told the friend, ``I got that guy. I stabbed that (expletive).'' ``Those are the words of a murderer,'' Reilly told jurors. Reilly said that some time after the killing, Jackson had a friend drive him to Kellogg's Beach, where Jackson threw the murder weapon and his cellphone into the water. Police divers were not able to recover the knife or the phone. Jackson's attorney, Eugene Iredale, alleged the friend was pressured by police to incriminate Jackson and was offered immunity for his testimony in the trial. RELATED: Suspect in fatal Ocean Beach stabbing arrestedAccording to Reilly, Jackson told police that he was home and asleep by 9:30 p.m. the night of the stabbing, but later confessed to another friend that he lied to police and went back out to confront the victim, though he denied fighting or stabbing him. The prosecutor alleged that Jackson also told the friend that he ``handled'' the victim because Riley had previously spat on Jackson's sister and insulted her. However, Iredale denied this suspected motive, as he said his client had substance abuse problems that led him to make several ``completely random statements'' to friends following the date of the killing. The attorney said the spitting incident involving Jackson's sister never occurred and ``God only knows'' why Jackson said it had. Iredale said police originally had 20 to 30 suspects, but centered on Jackson due to a 911 call made about 90 minutes prior to Riley's stabbing. In that call, a recording of which was played for the jury, the mother of one of Jackson's friends said Jackson was at her home displaying erratic behavior and saying he wanted to commit suicide. He'd just gotten into an argument with his girlfriend, then left the house, she told a dispatcher. Iredale alleged the clothing description she provided police -- a white sweatshirt and jeans -- vaguely resembled the attire of a suspect captured on surveillance footage running through Ocean Beach following the killing. That footage was publicly released shortly after Riley's death. Iredale said the man in the footage was Riley's killer, but looked nothing like his client. Jackson was arrested in Huntington Beach in February 2018 by SDPD detectives with the help of local police and the U.S. Marshals Service. 3238

SAN DIEGO — Democratic Congressman Mike Levin appears poised to keep his seat in the House of Representatives, according a scientific poll released Tuesday.The ABC-10News Union-Tribune poll showed Levin ahead of Republican Brian Maryott 49 to 37 in the 49th Congressional District, which stretches from Del Mar into southern Orange County. Levin, a first-term Congressman, defeated Republican Diane Harkey in 2018, flipping the seat longheld by Republican Darrell Issa, who decided not to seek re-election amid changing voter demographics. "We're going to do everything we can to leave no stone unturned for the next 50 days or so to make sure that we keep the 49th this coming November," Levin said. Democrats now outnumber Republicans in the district by about 3 percent. The SurveyUSA poll shows, however, that 13 percent of Republicans surveyed said they planned to vote for Levin. Meanwhile, just 2 percent of Democrats said they'd support Maryott. "If it was 25 percent or higher I would say something's going on," said political analyst John Dadian. "(Levin's) been an incumbent for two years, his challenger is an elected official but not in a good majority of the region."Maryott said it was still early in the race and that he and his campaign are working to get their message out. "People are just really starting to tune in now. Obviously Mike has name recognition that we don't, but we're out there talking to people everyday," said Maryott. Maryott said he would continue to push a message that Levin is to the extreme left of the Democratic Party. Levin said he expects attacks like that this campaign season but stands by his record. The SurveyUSA poll was conducted between Sept. 11 and Sept. 14, of 517 likely voters, with a margin of error of 5.8 percent. 1782

The line is available Monday through Friday from 7 a.m. to 11 p.m., Saturdays from 7 a.m. to 3 p.m. and Sundays from 7 a.m. to 9 p.m. By the end of the year, the state expects that the call center will be available 24/7. In peer-run or peer-to-peer programs, someone who has personally gone through similar mental health challenges provides support to callers. “Too many Californians are struggling with mental health and emotional well-being challenges. Peer-to-peer support is a proven way of helping people stay healthy and get the help they need. The California Peer-Run Warm Line is an important resource for so many people, and I’m thrilled we were able to get it funded,” said State Senator Scott Wiener (D-San Francisco.)The line was made possible through the state budget allocation of .8 million, which will be spread over three years. The debut of the line comes days before Thursday's World Mental Health Day. 1245

SACRAMENTO, Calif. (KGTV) — California will require people to wear face coverings in most indoor settings and outdoors when physical distancing isn't possible.Gov. Gavin Newsom had previously allowed counties to set their own requirements for facial coverings to slow the spread of the coronavirus. San Diego, Los Angeles, and San Francisco already have face-covering mandates in effect. "Simply put, we are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease," Newsom said. "California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands, and practicing physical distancing."RELATED: New UCSD study: Wearing masks significantly curbs spread of COVID-19California's cloth face covering mandate includes situations like:While outdoors in public spaces when maintaining a physical distance of six feet from persons who are not members of the same household or residence is not feasible.Inside of, or in line to enter, any indoor public space;Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;Engaged in work, whether at the workplace or performing work off-site, when:Interacting in-person with any member of the public;Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;Working in any space where food is prepared or packaged for sale or distribution to others;Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.RELATED: San Diego County exceeds community outbreak limit, forcing pause on reopeningsThe state's order exempts:Children under 2 years old; Individuals with medical, mental health or developmental disability that prevents wearing a face covering;Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence;Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling, or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others;Persons who are incarcerated. Prisons and jails, as part of their mitigation plans, will have specific guidance on the wearing of face coverings of masks for both inmates and staff.As of Wednesday, California reported 157,015 coronavirus cases and more than 5,200 deaths from the virus.RELATED: Some San Diegans push for end of San Diego County face mask requirement 3926