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SAN DIEGO (KGTV) — As counties across the state are able to reopen, some are seeing COVID-19 case numbers bounce back up.There's concern from business owners that the state's current approach to restrictions could put them in a constant state opening and closing. Forty miles east of San Diego is the small community of Descanso."I was born and raised in Descanso," said Melanie Schlumpberger.Staying true to her roots, Descanso is where Schlumpberger opened her small business, Americutz Salon."It was going great," Schlumpberger said. "I was super busy getting new clients all the time."Then came COVID-19 and the stay at home order."It was very hard not knowing how long we were going to be closed down for," she said.Schlumpberger said savings got her through until she could reopen, but that ended up being short-lived. Cases in San Diego County spiked, and a few weeks later, her doors closed again.She said after being closed for another six weeks, she could reopen under the new state's guidelines."It was really exciting when we got to open back up," said Schlumpberger.Then college started, some county metrics spiked, and business could once again be impacted."I don't want to close down again cause it's so hard," she said. "I don't want to lose all the stuff that I've worked for."Schlumpberger said her operation is safe, and there have been very few cases of COVID-19 in Descanso and the surrounding areas.According to the County of San Diego's COVID-19 dashboard cases by residence, San Diego has more than 19,000 confirmed cases. The county's data show Descanso has 12."If the county numbers go up, unfortunately, the businesses countywide have to adjust," said San Diego County Supervisor Jim Desmond.He says you can look at any county across the state and find a similar issue. Desmond says instead of ping-ponging people's lives, some decisions should be made at the local level."If a business is able to operate safely and follow all the safety protocols and we can enforce those safety protocols, then they should be able to open," he said.Reporter Adam Racusin asked California's Health and Human Services Agency Secretary Dr. Mark Ghaly if there should be a different approach for areas in counties not as impacted by COVID-19."Something we've long considered," Ghaly said. "You know we work very closely at the countywide level. We have throughout this entire response had many counties step forward and highlight exactly what your statement highlighted that we have differential levels of transmission throughout the different parts of the county. We continue to work with the county to figure out where those trends, especially those upward trends, where we might intervene, but certainly our approach has been county by county, countywide. We look forward to continuing to work with the San Diego leadership both on the health and the elected side to make sure that we do make the right decisions for that county broadly speaking, and we'll be looking forward to the upcoming week and those conversations."Ghaly said the state does empathize with the concern of the business owners and the idea of opening up just a few weeks ago to close back down.Schlumpberger is worried if her businesses is impacted again, it might not survive."I've put so much money and time into building my business and to just lose it because they keep closing us down again is not fair," she said.San Diego officials formally asked the governor to not include SDSU case numbers in the county’s overall total, however during a press conference Wednesday, Gov. Newsom said a special exemption would not be considered."You can't isolate, as if it's on an island, the campus community that is part of a larger community. So the answer is no," Newsom said. 3764

SAN DIEGO (KGTV) — Dangerously hot temperatures continue to scorch San Diego County's inland areas and deserts. Many of those areas hit peak temperatures well into the triple digits. Many inland residents chose to spend the day on the coast to escape the blistering heat.They say home is where the heart is. But for Peggy Dudenhoeffer, home is where the heat is. The Fallbrook resident drove 50 miles south Saturday, to enjoy the day in Bankers Hill, where it was about 15 degrees cooler."We feel like we're on vacation!" she said. "I like it better out here. We're lucky to be in San Diego to be able to sit outdoors in the summertime."She and her friend were at Barrio Star restaurant, which moved its operations all outdoors because of COVID-19 restrictions. But the restaurant was not going to let the heatwave turn customers away. They installed misters onto their rooftop overflow area."Right now, with this weather, it couldn't be better," Barrio Star General Manager, Michael Simpson, said. "Some nice mist, some nice picnic tables, and some nice margaritas!"Some preferred being closer to natural water. ABC 10News met professional skater, Lance Lynn, at Mission Beach."Inland, it's crazy hot," Lynn said. "Yesterday, I had to go to Ocean Beach just to escape the heat."Lynn said there was no way he could practice his skills back near his inland area home. With the ocean breeze, he said he can glide around without melting in the sun."When you get out towards the coast, then you can get to enjoy the beach," Lynn said. "This is what it's meant for!"The National Weather Service forecasts the heat advisory in the County's inland areas to remain in effect until 9 pm Saturday. The excessive heat warning in the deserts will remain in effect until 9 pm Sunday. 1778

SAN DIEGO (KGTV) -- California roads have some of the worst drivers in the entire country, according to a new ranking.Finance website SmartAsset reports that California ties with Missouri to take third on the list for states with the worst drivers.In order to rank states, the site looked at the percentage of drivers with insurance, the number of DUIs per driver, the average number of deaths per miles driven and how often residents Google terms like traffic ticket or speeding ticket.California ranked 12th for DUIs per thousand drivers and 11th for percentage of uninsured drivers. The Golden State also ranked 32nd for number of people killed per 100 million miles driven.It may give some comfort to know that California wasn’t ranked first. That honor was given to Mississippi followed by Tennessee.More California rankings: 839

SAN DIEGO (KGTV) - Another woman has come forward with accusations of sexual misconduct against a former San Diego County Sheriff's deputy. Jane Doe, as she's named in a federal lawsuit, claims Richard Fischer sexually assaulted her in September of 2017. The woman claims she was driving home from her shift as a cocktail waitress, lost control of her vehicle, and crashed into two parked cars. Scared she'd been drinking and driving, she left the scene and called a male friend to drive her to her home in Escondido. According to the lawsuit, as she and the man approached her home, they saw Escondido police cars parked outside. Officers detained her, and she admitted that she'd crashed her car and had been drinking and driving. Police handcuffed the woman and told her she had to wait for San Diego County Sheriff's personnel to arrive. The lawsuit says the responding deputy was Richard Fischer. According to the lawsuit, "Defendant Fischer asked Jane Doe if she had been drinking. She admitted that she had. As he drove Jane Doe back to the accident scene, he asked Jane Doe if either of the two males in the car with her were her boyfriend. Jane Doe answered that they were not. Defendant Fischer then responded, "Good, because you could do much better than them" or words to that effect." The lawsuit says once at the accident scene, deputies questioned Doe about the crash. It says after about 20 minutes at the scene, Fischer asked her if she wanted a ride home. The lawsuit says, "Jane Doe was confused when Defendant Fischer offered her a ride home because she told the officers she had been drinking and driving, she crashed into two parked cars, fled the scene of the accident, did not have a valid driver's license, her friend that picked her up got arrested, and there was an outstanding warrant for her arrest. Jane Doe assumed she was going to jail." The woman says she accepted Fischer's offer for a ride home and got into the patrol car with her hands cuffed behind her back.As they drove to her home, Fischer asked her how old she was, according to the lawsuit. "Deputy Fischer asked if she had gotten a birthday kiss. Jane Doe responded, "What?" Then Deputy Fischer asked Jane Doe if she wanted a birthday kiss. Jane Doe did not respond. Jane Doe became more confused. Jane Doe thought to herself, "What the he** is going on?," the lawsuit stated. The lawsuit says once they got to her house, Fischer opened the rear door where she was sitting. It says, "He then said, "Here comes your favorite part," or words to that effect. He leaned across her to unbuckle her seatbelt. Deputy Fischer then started rubbing Jane Doe's legs as she sat handcuffed in the back of Deputy Fischer's patrol car. Jane Doe was wearing very short denim shorts. Therefore, Deputy Fischer was able to rub the skin of Jane Doe's upper thighs on both legs. As Deputy Fischer rubbed Jane Doe's thighs, he looked at her and said, "Your legs are really soft" or words to that effect. Jane Doe was still handcuffed and could not stop Deputy Fischer's advances." The lawsuit claims once out of the vehicle Fischer stood behind her and started "rubbing her butt". It says, "As the handcuffs were still on, Deputy Fischer then reached between Jane Doe's legs and rubbed her genital area." The woman then went into the house. The lawsuit claims by the time Fischer met the woman, he had "sexually assaulted approximately 19 other women while on duty as a San Diego sheriff deputy." The lawsuit challenges the County of San Diego's complaint process saying it allows very serious complaints to go unanswered, "because a proper system of complaint reporting would have resulted in an Internal Affairs investigation into the complaints, arguably as early as May 4, 2016. Deputy Fischer would have either been terminated then, or placed on administrative leave, as he is currently on, which would have saved Jane Doe and other situationally vulnerable women from his abuse of power as a San Diego sheriff deputy." Fischer is currently facing numerous criminal charges, including sexual battery, false imprisonment, forced oral copulation, and assault by a public officer. He has denied the allegations, telling 10News in September of 2018, "I just want to go on the record and say I vigorously deny these allegations. They are false, and I really look forward to my day in court to fight for myself." According to court records, Fischer's criminal trial is set for September. Attorneys for Fischer did not respond to a request for comment on this federal complaint. 4559

SAN DIEGO (KGTV) — Brightwood College stunned its students and workers with its abrupt shutdown Wednesday morning. But the for-profit college, with three locations in San Diego County, may have violated California law by not giving workers proper notice.The state’s WARN Act requires employers with at least 75 workers - which multiple employees say Brightwood had - at least 60 days notice (and pay) before a mass layoff.But Brightwood did not notify the workers or the state before announcing the shutdown. RELATED: Brightwood College announces sudden closure amid accreditation, financial turmoil“I was at a clinical site with my group and I received a text message from my dean and she wanted me to pull my students from the floor,” said Hudson, a full-time clinical instructor. Brightwood’s parent company, Education Corporation of America, did not immediately return an email seeking comment. Employment attorney Dan Eaton said there are exemptions to the warn act, but under very specific financial conditions the state Department of Industrial Relations must approve.“On the face of it they would have to provide more documentation to show they are excused from the requirements,” said Eaton, of Seltzer Caplan McMahon Vitek. “If they are unable to do that, then there will presumably be consequences from not giving the 60 days notice."Those consequences include employee backpay, medical reimbursement, and a civil penalty of 0 a day. Brightwood said in a statement that that added requirements from the Department of Education, and a loss of accreditation from the Accrediting Council for Independent Colleges and Schools made it impossible to continue operations. 1687

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