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SAN DIEGO (KGTV) — Five more people died from the flu in San Diego last week.The new deaths, ranging in people aged from 47- to 77-years-old, all had underlying health conditions, according to the County Health and Human Services Agency. The recent deaths bring the county's flu season total to 64.At this time last year, San Diego's flu season had claimed 339 lives.RELATED: Is it a cold or a flu? Here are 5 ways you can tell, according to the CDCWhile five more deaths were recorded last week, influenza cases continued to decline, from 312 cases the week prior to 249 cases.A total of 9,012 cases have been reported this flu season, compared to 20,539 cases at this time last season, HHSA reported.The most common strain of influenza this season has been influenza A H3N2, which commonly sickens the elderly and very young, and those with medical conditions.“While the numbers continue to decline, the flu season is not over yet,” Wilma Wooten, County public health officer, said in a release. “It is never too late to get a flu shot since influenza cases are reported year round.” 1093

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) - From a —risqué — galaxy far, far away comes a twist on "Star Wars" that could make a Stormtrooper blush."The Empire Strips Back - A Burlesque Parody" heads to San Diego's Spreckels Theater next month, featuring a unique (and obviously, 18 years or older) take on the iconic film franchise."Empire Strips Back" combines striptease, song, dance routines as burlesque dancers perform as Stormtroopers, Boba Fett, droids, and even Darth Vader and a Skywalker.SAN DIEGO THEATER: Shows coming to local theaters this year"We never stop developing the show — always trying to make it bigger and crazier, and, yes, reach the standard of quality of the films," show creator Russall Beattie says. "Everywhere we go, our fans are passionate and excited, and they deserve an unforgettable, fun night out."The word "burlesque" is derived from words meaning "parody" or "caricature," making Beattie's promise of "plenty of Aussie humor" all the more guaranteed. And of course, while taking clothes off is a part of the show, nudity is not — routines are still scantily-clad and provocative performances.The show started as a small production in 2011, only expected to run for a few nights as a one-off in Sydney, Australia. Those shows ended up selling out and igniting multiple sold-out tours around Australia.Now, Beattie is taking his burlesque-rival show overseas."The artistic direction guiding every Star Wars-inspired burlesque show has its' own personality, giving audiences the opportunity to appreciate different versions of the genre," Beattie says. 1612

SAN DIEGO (KGTV) - Delaying people's right to get out from behind bars.Some local attorneys told Team 10 that people who are arrested and accused of federal crimes are not getting to court within the required timeframe. They believe that it could have an impact on the surrounding communities."Nationally, the most serious and infested places with coronavirus are all prisons," said attorney Ryan Stitt.Stitt's a trial attorney with the Federal Defenders of San Diego.Team 10 investigator Adam Racusin asked him to explain what happens after someone's arrested and taken to a detention facility."They would come to court, they would meet a lawyer like myself, they would learn what the charges are, and there would be an effort to try and get them bond that day," Stitt said.However, Stitt said it’s becoming a challenge for facilities to get some people who have been arrested on federal crimes to an initial appearance on time.Instead of quickly starting the bail process to get out of detention centers, Stitt said they may spend more time inside."COVID-19 has fundamentally changed how the court system operates, we've seen delays increase," he said.According to Stitt, the Federal Defenders of San Diego have seen delays at Western Region Detention Center, located in downtown San Diego. The location is operated by a company called the GEO Group."GEO has not set up a process to efficiently screen and accept new bookings, and while people may actually be at GEO if they haven't had their medical screening, they are not being made available to go to court over the telephone or over video, which is perplexing, but that is the system that they've come up with, and it's creating a delay," he said. "It's delaying people's court appearances beyond the day after they are arrested."Stitt said the goal is to get people to court the same day or next business day.In many cases, when that doesn't happen, attorneys file an application for what's known as a write of habeas corpus ad prosequendum.In several court filings Team 10's reviewed the civil filings state, "Petitioner, by and through provisional counsel, Federal Defenders of San Diego, Inc., requests that the Court issue a Writ of Habeas Corpus Ad Prosequendum to Respondents who have custody over the Petitioner and require that the Petitioner be presented to a United States magistrate judge immediately for arraignment. The Petitioner submits that there is good reason to believe that the Petitioner is currently being detained in violation of Fed. R. Crim. P. 5(a)(1)(A).""Rule 5 is the federal rule that governs what they call prompt presentment," said University of San Diego Professor of Law Donald Dripps.According to the U.S. Courts, federal rules of criminal procedures rule 5(a)(1)(A) states, "A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise."The federal rules of criminal procedures also list exceptions to rule 5.According to the GEO Group, as of Oct. 13, a total of 52 GEO employees at the Western Region Detention Center have tested positive for COVID-19. A spokesperson said one of the employees who tested positive is currently at home on self-quarantine, while 51 employees have fully recovered and returned to work after meeting the return-to-work guidelines for essential workers issued by the CDC.In a statement, a GEO Group spokesperson said in part, "While the COVID-19 pandemic has presented unprecedented challenges, from the very beginning we have taken extensive measures to ensure the health and safety of those in our care and our employees, who are on the front lines making daily sacrifices at the facility."The GEO Group forwarded ABC 10News to the U.S. Marshals Service (USMS) for questions about procedures and claims of delays.According to the U.S. Marshals, as of Oct. 8, they've received reports of 23 USMS prisoners being held at the Western Regional Detention Center, having tested positive for COVID-19 at any point during the pandemic. Of those, 22 have since recovered.In a statement, a spokesperson for the Marshals Service wrote, "The U.S. Marshals Service and its contractors continue to work with the court family to ensure prisoners are produced for court in a safe and timely manner. COVID-19 has brought about a number of changes to these processes, and we adapt to these changes as they occur. One of those changes has been the temporary need to conduct initial intake for many of our prisoners at the Western Region Detention Facility. Prisoners are received by the facility multiple times per day. Each prisoner going through the intake process at the facility is medically screened, to include compliance with the court's general order on testing for infectious disease, and made available for court, via video teleconference or phone, within the same day or the following morning."Stitt said they'd like to see people come to court as quickly as possible. He explained everyone at an initial appearance in court hasn't been convicted of anything, and they are entitled to bond.Outbreaks at detention facilities endanger the broader community, Stitt said."The guards that are present, the healthcare professionals that go to the jail and then our hospitals generally that need to treat the inmates once they become ill are all impacted by the rising COVID-19 numbers in custody," Stitt said. "By delaying people's presentment in court, you necessarily increase the prison population by not allowing people that otherwise would make bond and bond out of court stay in prison longer."United States Attorney Robert Brewer says the COVID-19 pandemic has presented unprecedented challenges to the facilities that house pretrial detainees charged with federal crimes in the Southern District of California.In a statement to ABC 10News, Brewer wrote, "Notwithstanding those challenges, the facilities have worked diligently to allow arrestees to make their initial appearances via VTC or telephone at the earliest opportunity. When it was brought to the attention of the U.S. Attorney's Office that one facility was unable to provide VTC access to arrestees until the arrestees had received medical clearance, which delayed the initial appearances of a limited number of arrestees by approximately 24 hours, the U.S. Marshals Service and the facility arranged a dedicated telephone line in the facility's medical unit so that arrestees could appear via telephone for the initial appearance before receiving their medical clearance." 6634

SAN DIEGO (KGTV) — How safe do you feel eating at Petco Park? Or if you've chosen to support the Chargers, StubHub Center?A newly published analysis by ESPN's Outside the Lines investigated thousands of food-safety inspection reports from health departments that monitor professional sports venues across the U.S.The analysis looks at routine inspection reports from 2016 to 2017.According to ESPN, about 28 percent of the venues registered high-level violation in half or more of their food service outlets. The violations cover temperature, pests or bugs, poor condition of food, equipment failures, employee-related issues, and more.The study's worst is in Charlotte, N.C., where Spectrum Center — home of the NBA's Charlotte Hornets — posted a 92 percent violation rate, followed by Michigan's now-closed Palace of Auburn Hills (86.11 percent), and Texas' American Airlines Center (83.08 percent.)The highest rated stadium was Oakland's Oracle Arena — home of the NBA's Golden State Warriors— with a 1.12 percent violation rate.Petco ParkSan Diego's downtown ballpark ranked fifth among MLB venues and 24th among all venues analyzed by ESPN.Of the park's 168 outlets inspected, 28 recorded high-level violations, according to ESPN's study. The study found the park registered on average 0.09 high-level violations per inspections.Some of those violations, for example, including pest-related issues— two of which occurred in 2016 inspections. On Aug. 18, 2016, an inspector found bird droppings on top of an ice bin and on Sept. 20, 2016, rodent droppings were discovered on the floor and top of a concession stand's ice machine. That ice machine was taken out of service for the rest of the season, according to the study.The San Diego Padres told 10News they are "confident that our ballpark will continue to be one of the safest" in baseball:“We strive for excellence with our food and beverage service at Petco Park. Violations are unacceptable; and, it is our policy to immediately address any issues directly with our concessionaire to ensure they are corrected and do not occur again. We are confident that our ballpark will continue to be one of the safest in all of baseball, as evidenced by ESPN’s published rankings today," the statement read.StubHub CenterThe home of the Los Angeles Chargers came in seventh in the NFL and 22 among all venues in ESPN's study.Of the venue's 39 outlets inspected, 6 recorded high-level violations, the study says, and 0.06 violations per inspection, on average.Some of the violations recorded included employees not properly wearing hair restraints on July 15, 2017, and food not properly protected from contamination on April 29, 2017, the study says.In a statement to 10News from Levy, hospitality partner at StubHub Center, the company noted their violations compare "highly favorably" to the average number of violations at any restaurant:“We welcome the local Los Angeles County health department and employ third-party sanitation experts to ensure a safe environment for our guests. Any time a concern is identified, we immediately correct it and welcome the health department to return to confirm that we are in full compliance. While we take every violation seriously and strive for perfection in our scores, we are pleased to note that the number of violations per inspection at the stadium compare highly favorably to the average number of violations found at other dining establishment areas in the county.”To read ESPN's full study, click here. 3514