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SAN FRANCISCO — A California appeals court has upheld an order requiring Uber and Lyft to treat their California drivers as employees instead of independent contractors, less than two weeks before voters will be asked to exempt the ride-hailing giants from the state’s gig economy law. The two companies have more than 400,000 drivers in California alone. Treating Uber and Lyft drivers as employees would guarantee benefits such as overtime and sick leave.Uber and Lyft had appealed an August ruling by a San Francisco judge, but the appellate ruling found "no legal error" and allowed the earlier ruling to stand. The legal fight started after state lawmakers passed a law that says companies can classify workers as contractors only if they perform work "outside the usual course" of the company's business. Thursday's decision won’t have any immediate impact because it doesn’t take effect for at least 30 days, well after the Nov. 3 vote on Proposition 22.Uber and Lyft, along with DoorDash, have heavily bankrolled the ballot measure.Proposition 22 on the California ballot this fall asks voters to create a special designation for drivers of app-based companies to be excluded from the new state law. 1216

San Diego County Credit Union? (SDCCU [sdccu.com]?), San Diego’s largest locally-owned financial institution, is proudly honoring local teachers through SDCCU Classroom Heroes, launched in partnership with ABC 10News and iHeartMedia, Inc. San Diego.SDCCU, ABC 10News and iHeartMedia are recognizing “Classroom Heroes” on a monthly basis throughout 2018. Winning teachers will be featured on a segment on ABC 10News, receive a 0 SDCCU Visa? gift card and one 2018 monthly winner will win a new Toyota Prius?.Congratulations to Ms Susan Henderson of Valley Center Elementary who was recognized in February through SDCCU Classroom Heroes.Teachers, students, parents and the community are encouraged to nominate a deserving teacher by visiting sdccu.com/classroomheroes [sdccu.com]. 789

SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

San Diego (KGTV)- Today marks 18 years since the terror attacks in New York. As millions around the country reflect on 9/11, San Diegans are honoring those who lost their lives that day. A ceremony was held at the Veterans Museum, in Balboa Park this morning, where many had a chance to ring America's Freedom Bell in honor of the victims. The names of all nearly 3,000 people who lost their lives were read. "Its that fear of this could happen again," says Michael Timson. "That's why we have to have tributes like this; to remember, to be ready, and to honor the people who lost their lives that day."America's Freedom Bell was first rung 23 times for the law enforcement officers who were killed. The bell was forged with 11 pounds of steel from the World Trade Center. "I saw the second plane hit and I said this isn't an accident. This is an attack," says Timson. "It was really hard for me to understand what was going on."The ceremony symbolically started at 8:46 a.m. to coincide with the time in which the first tower was hit. "These are people, innocent people, in two buildings and the pentagon that were hit by terrorists," says Richard Rovsek, Chairman of the Spirit of Liberty Foundation. "I think Americans should never forget that."Bell ringers will receive a personalized commemorative certificate which will include a full list of the victim's names. "I pray for the families, I pray that this never happens again and pray that we never forget," says Timson. 1485

SAN DIEGO, Calif. -- Tech giants say they will not sell facial recognition software to police departments, for now.It's a tool police departments have been using for years, helping solve everything from property crimes to cold cases and missing people. But there's little oversight over the technology, and critics say it puts our privacy and civil rights in jeopardy.While police often use the software to scan the mug shots of criminals, there's a good chance your photo is also in the system. A 2016 Georgetown Law report found one in two American adults are in a law enforcement face recognition network. In addition to mug shots, social media photos and surveillance videos, many states also allow searches of driver's licenses databases.Critics of the technology also point to inaccuracies in the software.In 2018, researchers at MIT and Stanford University examined three commercially released facial-analysis programs from major technology companies.The analysis showed an error rate of 0.8% for light-skinned men compared to 34.7% for dark-skinned women.Steve Beaty is a professor of computer science at MSU Denver. "It appears these programs have, what we call, biases in them. That they're biased towards certain skin tones, for example, and will make more mistakes with certain types of people than other types of people," said Beaty. He says the bias can occur when the machines are trained. "The computers I don't think have any inherent bias in themselves, but they can only learn from the data sets they're provided with," said Beaty.If a machine sees more photos of white males while being trained, it will be able to identify them more accurately. And while the technology has proven to be a useful-crime fighting tool, a case of mistaken identity can mean an innocent person ends up with police looking into their private lives unnecessarily."I think it's a good idea to take a step back and say what is it we as a society want from our facial recognition technology? That's exactly what Amazon has come out and said," said Beaty. This week, Amazon announced a one-year moratorium on police use of their facial recognition technology, Rekognition. The company is calling on lawmakers to put in place stronger regulations to govern the technology's ethical use.Microsoft also said it will not sell its software to police departments for now, while IBM is abandoning its facial recognition program altogether. "Let's talk about what it means, and have the conversation, and make sure that we as a society, as a country, are comfortable with what the technology is being used for," said Beaty. As companies reevaluate how police officers use their technology, the question remains if the public will do the same. 2737