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SAN DIEGO (CNS and KGTV) - San Diego's City Council voted 6-3 Tuesday night to place restrictions on sleeping and living in vehicles on city streets and parking lots.The vehicle habitation ordinance goes into effect immediately and restricts people from living in their vehicles anywhere within 500 feet of a school or residence. It also places an overnight ban between from 9 p.m. to 6 a.m. anywhere in the city, with the exception of approved lots. According to a news release from the city, the ordinance aims to address illegal dumping, public urination and drug use on city streets and in parking lots. “We are creating a balance that provides opportunities to those in need while protecting our neighborhoods from behavior that creates unsanitary conditions and hurts quality of life,” Mayor Faulconer said. “If you want to work toward finding a permanent home, we have programs that can help. We will not allow the proliferation of ‘van life’ culture that takes advantage of San Diego’s generosity and destroys community character.”The ordinance will be enforced using criteria including sleeping, bathing, meal preparation, grooming items and containers of human waste. Councilmember Monica Montgomery, who voted against the ordinance, released a statement after the vote expressing disappointment. 1315

SAN DIEGO (CNS) - A Catholic priest who oversees churches in four California counties, including San Diego, is suing Gov. Gavin Newsom and 19 other state, county and municipal officials, alleging COVID-19 restrictions on places of worship are unconstitutional.Father Trevor Burfitt contends in his court papers that public health guidelines restricting worship activities are ``no longer warranted'' and ``causing far more harm than good.''Among the restrictions contested by Burfitt are bans on indoor worship, occupancy restrictions, social distancing requirements -- which ``precludes proper conduct of Catholic worship'' -- and face covering mandates, which ``not only radically interferes with Catholic worship in numerous ways but irrationally threatens individual health...,'' according to his 77-page complaint filed Sept. 29 in Kern County Superior Court.RELATED: In-Depth: Answering legal liability questions about coronavirusDefendants named in the suit include Newsom, California Attorney General Xavier Becerra, San Diego County Public Health Officer Dr. Wilma Wooten, San Diego County Sheriff Bill Gore and San Diego Police Chief David Nisleit. The suit also names officials in Los Angeles, Kern and San Bernardino counties, where Burfitt also oversees mission churches. Burfitt is the prior of Saint John Bosco Mission in San Diego, according to the complaint.Since the pandemic began, similar lawsuits have been filed by religious leaders and institutions across the state, including South Bay United. Pentecostal Church in Chula Vista, which challenged the state's restrictions on church attendance in a case that went before the Supreme Court in May and was rejected 5-4.Like many of the other lawsuits, Burfitt challenges places of worship's status as ``non-essential'' and alleges Newsom has arbitrarily deemed other businesses and industries as critical.Paul Jonna, one of Burfitt's attorneys, said in a statement, ``It is now beyond reasonable dispute that, absent judicial intervention, Governor Newsom intends to continue indefinitely a massive and baseless suspension of the constitutional rights of Father Burfitt and nearly 40 million other residents of the state of California.``He continues to levy strict limits or outright prohibitions on public and private worship activities, which continue to be designated as `nonessential,' while liquor stores, marijuana dispensaries, and the Hollywood movie industry are allowed to operate unhindered. California's residents are apparently expected to live their lives behind makeshift `face coverings' while maintaining an arbitrary distance of six feet from everyone they encounter outside their homes. And to complete Newsom's despotic mandates, anyone who declines to obey faces criminal and civil penalties. This is unconstitutional and a blatant violation of the rights guaranteed by California's constitution.'' 2897

SAN DIEGO — Small business owners across San Diego County are about to put in for their share of a 5 billion pot of forgivable federal loans.That’s because a new round of Paycheck Protection Program loans is part of the new stimulus package, to help small businesses make it through the pandemic.“Obviously, we have major restrictions on us and visits are down probably more than ever right now,” said Cat Kom, owner of Studio Sweat in Rancho Bernardo.Even moving the exercise bikes outside was a struggle for the gym. Kom got stuck in the elevator for more than an hour before fire rescue crews got her out.But she finally sees some help on the way - in the new stimulus package.“As long as they do their best and it's moral and the funding goes to the small businesses that really need it, and loopholes aren’t exploited, then that's the best that we can hope for,” she said.The first round did not go smoothly. In fact, major corporations like Shake Shack got the maximum million, and paid it back after public outcry,.This time, however, there are protections against that.Eligibility is limited to companies with up to 300 employees, down from 500 in the first round. Loans are capped at million, down from million, and companies must show revenue down 25 percent in at least one quarter - compared to the same quarter a year earlier.“Congress doesn't want a P.R. nightmare and I think they want to try to help the people that need it but not dump taxpayers money into big business that's doing just fine,” said Kelly DuFord Williams, managing partner at Slate Law Group.Small businesses have been waiting for that help for months.Once the stimulus package becomes law, small businesses can apply for the loans through their banks. 1758

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

Samuel Oliver-Bruno found sanctuary in a North Carolina church for nearly a year. Authorities detained him last week after he left the building for an appointment. Dozens of his supporters were arrested, too, as they sang "Amazing Grace" and tried to block immigration officials from taking him to a detention center.Days later, Immigration and Customs Enforcement deported the 47-year-old undocumented immigrant to Mexico, Rev. Cleve May of CityWell United Methodist Church told CNN Friday.Oliver-Bruno was deported Thursday evening to Matamoros, Mexico, May said."Samuel's family, church community, and supporting neighbors are grieved at Samuel being ripped from his family, church and community," officials with the Durham, North Carolina, church said in a statement.Oliver-Bruno had lived in North Carolina with his family for more than two decades. Advocates had appealed to authorities to stop his deportation.An ICE spokesman did not immediately respond to a request for comment Friday.Last week ICE spokesman Bryan Cox said authorities arrested Oliver-Bruno as part of a "targeted enforcement action.""Mr. Oliver-Bruno is a convicted criminal who has received all appropriate legal process under federal law, has no outstanding appeals, and has no legal basis to remain in the US," Cox said.Fearing deportation, Oliver-Bruno had been living at the church since December 2017.ICE generally avoids arrests at "sensitive locations" such as houses of worship.The CityWell United Methodist Church agreed to take him in but the building wasn't ready for him. He helped with the renovations, including building a bedroom and a shower."He helped construct his living quarters. He's remarkable. He's very generous and kind," May said last week.During his time at the church, he attended classes to learn English as a second language, played guitar and read during services.With the help of community members, Oliver-Bruno, who is an aspiring baptist minister, continued his studies at Duke University's Divinity School after his class agreed to meet at the church, advocacy group Alerta Migratoria said.But the uncertainty and the wait would also get to him."As I continued cooped up, sometimes I feel the need to be free. I need to work, do the activities I used to do, to afford medicines for my wife and doctor's appointments," he said in a video posted by advocates days before his arrest. 2416