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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - Backers of an initiative that would have raised San Diego's hotel tax to fund a long-awaited expansion to the city's bayfront convention center failed to collect enough valid signatures to earn a spot on the November ballot, the city clerk's office announced Wednesday.A random sampling of the campaign's more than 114,000 signatures by the county Registrar of Voters fell short of the threshold of verified signatures needed to place an issue on the ballot. A signature-by-signature count will start immediately, but such a count typically takes 30 days to complete, and the deadline to place a measure on the ballot is Friday."Colossal failure," initiative opponent City Councilman David Alvarez wrote on his Twitter page.Overall, 71,646 valid signatures are needed to place an initiative on the ballot. The signature-by-signature count could qualify the hotel tax increase for a future election if it isn't completed in time for the November ballot.The City Council could also decide to place the measure on the ballot during a Thursday special meeting, but that would raise the initiative's required success threshold to two-thirds voter approval.The proposed initiative would raise the city's 12.5 percent hotel tax to 13.75 to 15.75 percent depending on the location of each hotel.The 42-year tax increase was expected to generate .4 billion, including nearly .8 billion for the convention center.An estimated 7 million would have gone to homelessness services and housing funding over the tax increase's first five years. An additional 4 million would have gone to road repairs. 1621

SAN DIEGO (CNS) - According to state data released Tuesday, San Diego County will remain in the second, or red, tier of the state's four-tier COVID- 19 reopening plan for at least another week.The county's state-calculated, adjusted case rate is 6.5 new daily infections per 100,000 people, down from last week's 6.7. The unadjusted case rate is down to 7 from last week's 7.2. Because San Diego County testing levels were above the state median testing volume, the county's adjustment level was decreased.On the last two Tuesdays, the county narrowly avoided being pushed back into purple tier, the most strict in the state's reopening plan. The state- set threshold of case rate to avoid the purple tier is below 7 per 100,000.To move into the less-restrictive orange tier, a county must have a rate below 3.9 per 100,000 people.County public health officials reported 161 new COVID-19 infections and three deaths on Tuesday, raising the region's totals to 48,821 cases and 806 deaths.Two men and one woman died between Oct. 2 and Oct. 4, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 8,788 tests reported Tuesday, 2% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 9,277.Of the total number of cases in the county, 3,602 -- or 7.4% -- have required hospitalization and 833 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.None of the 224 cases reported Monday were connected to San Diego State University, but two previously reported confirmed cases are now associated with the school outbreak, bringing the total number of SDSU cases to 1,136, according to public health officials.Those two cases were previously reported to the San Diego County Health and Human Services Agency, but only recently identified -- through continued cross-referencing between SDSU and the HHSA -- as having an SDSU affiliation.A total of 407 on-campus students, 707 off-campus students, 9 faculty or staff and 13 visitors have either confirmed or probable positive COVID-19 diagnoses. Officials said 53 of the total are considered "probable."SDSU announced last Wednesday that it was extending a pause on in-person courses through Oct. 12. Effective that day, a limited number of courses will resume in person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.About 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.In the seven-day period from Sept. 28 through Sunday, 20 community outbreaks were confirmed, well above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.A COVID-19 testing site opened this week in Chula Vista, offering 200 daily tests, five days per week.The drive-up site will provide free, no-appointment diagnostic tests from 12:30 p.m. to 8 p.m. Sunday through Thursday at the South Chula Vista Library, located at 389 Orange Avenue. The COVID-19 tests take about 5-10 minutes and the results come back in about three days.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, county Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites. 4449

SAN DIEGO (CNS) - A man was slashed in the face with a knife by a family member during a fight at Ski Beach Sunday, police said.The family was gathered at the beach when an uninvited family member showed up about 2:35 p.m. Sunday, according to Officer S. Foster of the San Diego Police Department.A 31-year-old man got into a fight with another family member, who pulled a knife and slashed him below his right eye, Foster said.The victim was taken to a hospital with non-life-threatening injuries, the officer said. The assailant fled on foot.SDPD Northern Detectives were investigating the incident. 609

SAN DIEGO (CNS) - A man accused of opening fire inside a Poway synagogue, killing a woman and injuring three other people, pleaded not guilty today to more than 100 federal hate crime charges alleging he acted out of hatred toward the Jewish and Muslim communities.John T. Earnest, 19, is accused not only of the synagogue shooting but also of an earlier arson fire at an Escondido mosque. He is being charged by both federal and state prosecutors and faces a possible death sentence in both cases. Neither office has made a decision regarding whether they will pursue the death penalty.Earnest, of Rancho Penasquitos, is accused of carrying out the shooting at Chabad of Poway on April 27 -- the last day of Passover -- killing Lori Gilbert Kaye, 60, who was shot twice in the synagogue's foyer and died at a hospital.The congregation's rabbi, Yisroel Goldstein, 57, lost an index finger in the shooting. Two other people -- Almog Peretz, 34, and his 8-year-old niece, Noya Dahan -- were also injured.Earnest is also accused of setting a March 24 fire at an Escondido mosque -- a crime to which Earnest allegedly confessed in an online manifesto he posted prior to the synagogue shooting.Following his initial appearance Tuesday afternoon, he's slated to return to court May 28 for a preliminary hearing. He remains held without bail.He was charged last Thursday with 109 federal hate crimes: -- 54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury and attempts to kill; -- 54 counts of hate crimes stemming from the synagogue shooting in violation of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act; and -- one count of damage to religious property by use of fire.Each of the 54 hate crime and obstruction of free exercise of religious beliefs counts apply to a person who was inside the synagogue during the shooting, Brewer said. Among those people, 12 of the congregants present were children, he said.Earnest is due back in federal court May 28.Earnest is also charged in state court with murder, attempted murder and arson. His next court hearing in the state's case is a readiness conference set for May 30.Kaye, a longtime member of Chabad of Poway, was at the temple with her physician husband and daughter the day of the shooting to honor her mother, who recently died. The rabbi, Goldstein, lost his right index finger in the shooting. Peretz was shot in a leg while shepherding children to safety. His niece was struck by shrapnel in her face and leg.An off-duty Border Patrol agent working as a security guard was inside the temple when the shooting began, and he opened fire as the suspect fled, San Diego County Sheriff Bill Gore said. The agent did not strike Earnest, but did hit the suspect's car, authorities said.Police said Earnest called 911 at around 11:30 a.m. and said he had been involved in the shooting and was armed.According to the federal complaint, Earnest told a dispatcher, ``I just shot up a synagogue. I'm just trying to defend my nation from the Jewish people ... They're destroying our people ... I opened fire at a synagogue. I think I killed some people.'' He allegedly added that he shot up the synagogue ``because the Jewish people are destroying the white race.''A San Diego police officer who had been en route to the synagogue spotted the suspect's vehicle and pulled him over at 17051 W. Bernardo Drive, less than two miles west of the synagogue, Deputy District Attorney Leonard Trinh said.Earnest got out of his vehicle with his hands up and was taken into custody without further incident, according to police.In the ``open letter'' that authorities say Earnest posted online shortly before the shooting, the author espouses flagrant anti-Semitic sentiments and a need to protect the ``European race.'' He wrote that he spent four weeks planning the attack, citing his ``disgust'' for Jews and a desire to kill them, and expressed admiration for the Australian white nationalist who attacked two mosques in Christchurch, New Zealand, in March, killing 50 people.The writer also claims responsibility for the March 24 fire set at the Dar-ul-Arqam Mosque, also known as Islamic Center of Escondido. The 3:15 a.m. fire was quickly extinguished by people inside the mosque. Graffiti left on the building made reference to the mosques attacks in Christchurch.Surveillance footage allegedly captured a suspect arriving at the mosque in the same type of vehicle in which Earnest was captured on the day of the synagogue shooting. 4568

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