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SAN DIEGO — Some parents are keeping their children out of school Tuesday to protest the San Diego Unified School District’s sex education curriculum.A group of parents say the district’s Sexual Health Education Program (SHEP) is too graphic and not age-appropriate for their students, and they are urging district officials to eliminate the program.The parents have taken their concerns to the district’s School Board, but they said board members refuse to replace the curriculum.District officials said students can opt out of the course, but parents want the images they consider graphic gone.Ashley Bever, a substitute teacher who is organizing the one-day protest, said she was surprised to see all of the materials student had access to.“I thought a 6th grade teacher did not write this. Where it did come from? Why is it so explicit? Why is it telling kids they have sexual rights apart from their parents?” Bever said.The group is scheduled to hold a rally at the district’s office in University Heights at 4 p.m., just before the School Board’s meeting. 1075
SAN DIEGO (CNS) - A collective of conservation organizations filed lawsuits Thursday against San Diego County and its board of supervisors for approving a controversial housing development in the Otay Ranch community, with the groups claiming that the development endangers wildlife and the development's future residents. The project known as Adara was approved last month with a 3-2 vote and involves construction of more than 1,000 homes and a commercial village core, along with an elementary school, fire station, sheriff's office, trails, electric vehicle charging stations, solar panels and more than 700 acres of open space and parks. Environmental groups contend that its location, between the city of Chula Vista and rural community Jamul, is home to several endangered and protected plant and animal species and is at exceptional risk for wildfires. Plaintiffs include the Center for Biological Diversity, Preserve Wild Santee, the California Chaparral Institute, Endangered Habitats League, California Native Plant Society and the Sierra Club. ``Building houses in this fire-prone place will put people at risk, and it'll wreak havoc on golden eagles and other wildlife,'' said Peter Broderick, an attorney with the Center for Biological Diversity. ``By approving this sprawl project, officials have put both homeowners and wildlife in danger. They've dealt a big setback to sustainable development in San Diego County.'' In their complaint, the plaintiffs referenced county data identifying ``22 special-status plants and 28 special-status wildlife species'' on the project site. They also allege that the area is especially prone to wildfires, which was noted by Supervisor Dianne Jacob in her dissenting vote on the project. The complaint states the area ``has burned at least 17 times in the last 100 years'' and is ``at serious risk for fast-moving, wind-driven fires.'' The site's steep terrain would make suppressing fires difficult, and homeowners would only have one evacuation route available, according to the plaintiffs. Peter Andersen, chair of the Sierra Club's San Diego Chapter, called the project ``a fire trap that endangers all East County residents, contributes to severe traffic jams and destroys multiple species' habitat,'' while Richard Halsey of the California Chaparral Institute said ``History has shown that during a wind-driven wildfire, developments like this one in a known fire corridor can and have been destroyed by embers flying a mile or more ahead of the flame front. The claim that a development like this is fire safe ignores everything we have learned during the destructive 2017 and 2018 firestorms.'' 2662
SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877
SAN DIEGO (CNS) - A 21-year-old man who fatally stabbed a transient in Ocean Beach was sentenced today to 15 years to life in state prison. Noah Mitchell Jackson, 21, was convicted earlier this year of second-degree murder for the June 22, 2017, killing of 65-year-old Walter ``Ras'' Riley, an Ohio native nicknamed ``the Incense Man'' due to his practice of selling aromatic burning sticks at local farmers' markets. Officers sent just before 12:30 a.m. to the 1900 block of Bacon Street found Riley lying on the sidewalk with stab wounds to his upper body. He was pronounced dead at UCSD Medical Center. Deputy District Attorney Michael Reilly said the victim was stabbed five times, with the killing blow entering his back, breaking several ribs and puncturing his heart. RELATED: Police search for man suspected in death of homeless man in Ocean BeachJackson confessed to a friend that he stabbed Riley, according to the prosecutor, who said Jackson told the friend, ``I got that guy. I stabbed that (expletive).'' ``Those are the words of a murderer,'' Reilly told jurors. Reilly said that some time after the killing, Jackson had a friend drive him to Kellogg's Beach, where Jackson threw the murder weapon and his cellphone into the water. Police divers were not able to recover the knife or the phone. Jackson's attorney, Eugene Iredale, alleged the friend was pressured by police to incriminate Jackson and was offered immunity for his testimony in the trial. RELATED: Suspect in fatal Ocean Beach stabbing arrestedAccording to Reilly, Jackson told police that he was home and asleep by 9:30 p.m. the night of the stabbing, but later confessed to another friend that he lied to police and went back out to confront the victim, though he denied fighting or stabbing him. The prosecutor alleged that Jackson also told the friend that he ``handled'' the victim because Riley had previously spat on Jackson's sister and insulted her. However, Iredale denied this suspected motive, as he said his client had substance abuse problems that led him to make several ``completely random statements'' to friends following the date of the killing. The attorney said the spitting incident involving Jackson's sister never occurred and ``God only knows'' why Jackson said it had. Iredale said police originally had 20 to 30 suspects, but centered on Jackson due to a 911 call made about 90 minutes prior to Riley's stabbing. In that call, a recording of which was played for the jury, the mother of one of Jackson's friends said Jackson was at her home displaying erratic behavior and saying he wanted to commit suicide. He'd just gotten into an argument with his girlfriend, then left the house, she told a dispatcher. Iredale alleged the clothing description she provided police -- a white sweatshirt and jeans -- vaguely resembled the attire of a suspect captured on surveillance footage running through Ocean Beach following the killing. That footage was publicly released shortly after Riley's death. Iredale said the man in the footage was Riley's killer, but looked nothing like his client. Jackson was arrested in Huntington Beach in February 2018 by SDPD detectives with the help of local police and the U.S. Marshals Service. 3238
SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050