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SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708

SAN DIEGO (CNS) - For the second day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people, indicating things may be improving locally with regard to the pandemic.If the case rate -- which was 96.5 per 100,000 people on Thursday -- stays below 100 on Friday, the county will officially be off the state's monitoring list. After an additional 14 consecutive days below that number, some schools with students in grades 7-12 could potentially reopen for in- person teaching, depending on individual school district metrics. Theoretically, if current trends continue, students could be in school by Aug. 28.Additionally, 48 elementary schools have filed waivers with the county to return to school early.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said Thursday. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."State mandates on which businesses are allowed to have indoor operations would not change, Fletcher said, until the county gets more information from Gov. Gavin Newsom's office. No other businesses can reopen after the 17 days unless the state provides further guidance.San Diego County public health officials reported 266 new COVID-19 cases and seven deaths Thursday, raising the county's totals to 33,659 cases and 615 deaths.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes which helped contribute to death were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.Of the 8,020 tests reported Thursday, 3% returned positive, lowering the 14-day positive testing rate to 4.6%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,972 daily and the county has reported 698,881 tests since the pandemic began.Of the total positive cases in the county, 2,809 -- or 8.3% -- have required hospitalization since the pandemic began, and 699 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Thursday, bringing the number of outbreaks in the past week to 22.The latest outbreaks were reported in a food processing facility and a business, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. An outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.There are 59 active community outbreaks in the county tied to 1,389 cases and 11 deaths.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it, saying its hours would expand Thursday.The free testing site will now operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily."Fletcher said Tuesday that the county's partnerships with its 18 incorporated communities were allowing law enforcement to step up efforts to punish egregious violators of public health orders.A visit from county staff is the first action used, followed by a cease-and-desist order and then an order to close. If an entity refuses to close after that order, it will be cited and fined ,000 -- as University Heights gym Boulevard Fitness was on Tuesday, Fletcher said."The selfish defiance of the public health orders only hurts those acting in good faith," he said. "This is not out of a desire to be punitive." 4673

SAN DIEGO (CNS) - An annual reading program by United Way of San Diego County helped nearly 500 students in the City Heights neighborhood improve their literacy skills, the nonprofit announced today.The "Readers in the Heights" summer reading initiative included 479 students from elementary schools in the City Heights area, a sharp increase from the program's 40 participants just two years ago. The program is intended to combat "summer slide," when students lose literacy gains they made during the school year. According to United Way, 86 percent of students assessed at the beginning and end of the program maintained or improved their reading comprehension."We use proven assessment tools to measure impact and they show that these literacy practices have made significant progress in student reading," United Way of San Diego County President and CEO Nancy Sasaki said. "These practices help close learning gaps and open new worlds by creating happy, excited and confident readers."United Way partnered with the San Diego Unified School District, the San Diego Public Library, the San Diego Police Department, PrimeTime SAY San Diego and Words Alive to produce the program.Members of the literacy group Words Alive trained members of the program's staff on how to implement evidence-based reading practices across the program's seven sites, including four elementary schools in and around City Heights. The students totaled nearly 10,000 hours of literacy learning during the 20-day program and received a total of 900 free books."Research shows that children who don't have access to books, camps or enrichment programs during the summer recess can lose more than two months of reading skills and can fall behind almost three months in their learning," said San Diego Unified School District Superintendent Cindy Marten. "Each year, the Readers in the Heights literacy initiative works to increase summer learning opportunities, and with the help of partners and volunteers, we are able to make a huge impact over four weeks. We look forward to continuing to expand the program in the future."   2122

SAN DIEGO (CNS) - A suspect in the strangulation death of a City Heights woman a half-century ago was behind bars Tuesday following his out-of- state arrest last weekend, San Diego police reported.John Sipos, 75, was taken into custody Saturday in Schnecksville, Pennsylvania, on suspicion of murdering 24-year-old Mary Scott, who was found slain at her home in the 4000 block of 39th Street on Nov. 20, 1969, according to Lt. Matt Dobbs."The investigators exhausted all leads at the time, and the case eventually went cold," he said.Recently, cold-case investigators identified Sipos as Scott's alleged killer via forensic genealogy, said Dobbs, who declined to disclose further information about the circumstances of the homicide.Sipos was being held at Lehigh County Detention Center in Allentown, Pennsylvania, pending extradition to San Diego. 856

SAN DIEGO (CNS) - A pedestrian was struck and killed by a BNSF freight train at the Old Town Transit Station in San Diego, authorities said this morning.Officers responded to the station, in the 4000 block of Taylor Street near Congress Street, at 9:25 p.m. Friday and found the victim dead at the scene, according to Deputy Brian Abraham of the San Diego County Sheriff's Department.The age, gender and name of the victim were not disclosed.Anyone with information about this incident was asked to call the sheriff's department at 858-565-5200. 553