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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) -- Free coronavirus testing will soon be available to students and staff in the Chula Vista Elementary School District. This week, the board voted to approve a plan to make that happen.Testing would move the state’s largest elementary school district closer to in-person learning. The district is partnering with bioscience company, Kahala, to provide the free tests.Testing would be voluntary for students, teachers and staff. Participants would be tested every two weeks for the virus and once for antibodies.RELATED: Poway Unified School District approves campus return plan for some studentsOn-site testing would be available at five schools to start and would later expand to more locations. Kahala will bill the participant’s insurance to cover the cost.The district says the idea is to determine the level of active cases so they can mitigate the spread.The plan is already drawing some criticism from teachers. Susan Skala with the Chula Vista Educators Union is worried about working with Kahala since the company formed early this year.“We simply don’t know enough about it because this program has been what we feel has been rushed through,” said Skala. “We’re not sure about how our medical data would be secure, we’re not sure about the confidentially and integrity of the program.”Dr. Michael Miyamoto is the Chief Medical Officer of Kahala. He says their staff is composed of practicing physicians. They have current partnerships with private companies and health care facilities for employee testing.Miyamoto says their tests are authorized by the FDA for emergency use.“Many, if not most of the diagnostic tests and treatments for COVID-19 are authorized under an Emergency Use Authorization,” said Miyamoto. “This was done because a lot of the regulatory review of these needed to be done very quickly in order to get these test and therapeutics out for use by healthcare practitioners.”He says the more people that volunteer, the better.“If we have a reasonable sampling the information will be very helpful in making decisions but also as a model for other school systems around the country,” he said.The Chula Vista Elementary District says they haven’t decided which schools to use as testing sites yet, but they will be available to anyone in the district.“Our learning community from any of our systems can access any of those five to six sites for that testing,” said Anthony Millican with CVESD.The district is also partnering with the County Health and Human Services Agency as well as the City of Chula Vista. Those programs have free testing options for families without health insurance.The district does not have a scheduled date for returning to in-person learning. They are in the process of scheduling when on-site testing will begin. 2803

CHULA VISTA, Calif. (KGTV) - Southbound Interstate 5 shut down during rush hour Wednesday evening to search a car possibly linked to a robbery for explosives, California Highway Patrol officers said.The car was pulled over about 5:10 p.m. at Main Street in Chula Vista, CHP officials said.San Diego Police said the stop was related to the robbery of the US Bank at 3201 University Ave. in North Park at 4:48 p.m. during which a man referred to explosives.All southbound lanes of traffic stopped at 5:20 p.m. as officers searched the car for explosives. The freeway reopened 30 minutes later.CHECK 10NEWS TRAFFICThere was no immediate word of an arrest or whether any explosives were found in the vehicle.10News is monitoring breaking developments. 755

CHULA VISTA (KGTV) -- A nearly million dollar grant was recently awarded to the Chula Vista Elementary School District to focus on Science Technology Engineering and Math Programs.Some parents noticed the recipients of the grant were all schools in the east side of Chula Vista.“It’s not equal,” one dad told ABC 10News. He didn’t want to use his name, but both of his children attend a school on the west side of Chula Vista.“They need to find the exact same thing that covers the west side schools,” he said.The Military-Connected Student Academic and Support Program grant—which is 0,000—is a five-year commitment to STEM, according to a news release from the district.The schools that will be receiving that grant money included:- Enrique S. Camarena Elementary-Corky McMillin Elementary-Saburo Muraoka Elementary-Olympic View Elementary-Wolf Canyon ElementaryAll the schools are in the Otay Ranch area.Matthew Tessier, the Assistant Superintendent for Innovation and Instruction, said the schools were chosen based on the number of military families.“Part of the grant application is there needed to be 10 percent or higher military-connected children at the school and we picked our top five military-connected schools,” Tessier said. District spokesperson Anthony Millican said the requirement was set by the Department of Defense and no schools on the west side meet the requirement for the grant. There are 12 schools in the district that have more than 12 percent of enrollment identified as military-connected students, according to the district website.“We’re really cognizant of supporting our military-connected children because I think a lot of times we forget that they have a lot of unique needs… whether their parents are deployed, whether they have one parent leading a household for multiple months,” Tessier added.According to numbers given to ABC 10News by a district spokesperson, there are more than 1,000 military-connected students in the five schools that received the grant. 30 percent of Wolf Canyon’s population are military-connected students, which is the highest in the district.Camarena, Muraoka, and Olympic View all reported more than 20 percent of their students as military-connected. McMillin Elementary was at 19 percent.The school district’s project is calling “STEAMing into the Health Sciences.” The grant will allow participating schools to have the opportunity to attend the district’s Health Station, which is the latest in a series of hands-on learning stations creating with community partners.The participating schools will also have access to an online platform to introduce students to industry professionals, host weekly after-school STEM programs for select military-connected fourth graders, as well as provide a 1-week long summer camp for some military-connected students.Tessier said the Health Station experience will not be limited to the schools who received the grant. “We are committed—all means all. We are making sure that every child in the fourth grade in our district is getting that Health Station experience,” he said.The parent ABC 10News spoke to urged school administrators to “find a grant that offers the same to the west side.” 3216

CHULA VISTA, Calif. (KGTV) — Bullet holes were found on a Chula Vista apartment building following reports of a shooting on Saturday, but no victims or suspects were found.Chula Vista Police say a report of gunshots at Eucalyptus Park on C Street near Fourth Avenue was made just after 6 p.m. When officers arrived, no one was found at the scene.Police say nobody in the apartment building was injured.Anyone with information is asked to call CVPD at 619-691-5151 or Crime Stoppers at 888-580-8477. 506

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