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SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485
SAN DIEGO (CNS) - As part of its reopening plan amid the coronavirus pandemic, the San Diego Unified School District allowed some students facing severe challenges to return to in-person learning today, but a timeline for the district to reopen fully remains unclear.Phase 1 of the district's plan to reopen is to allow elementary school students ``who have been uniquely identified by their teachers as experiencing learning loss'' to have limited in-person appointments.Participation is voluntary and students who participate in the sessions will continue to receive online learning.On Tuesday, Lafayette Elementary School in the Clairemont Mesa neighborhood invited back 25 of the 27 students who were asked to return to in- person instruction -- many of whom are part of a deaf and hard-of-hearing program at the school.The district's Phase 1 includes a mandate for less than 20% capacity for rooms and for schools, half days to avoid groups eating at schools and a six-foot distancing everywhere on school grounds -- barriers or no barriers.This summer, San Diego Unified adopted standards developed in consultation with experts from UC San Diego. As a result, conditions for the district's reopening local schools are considerably stricter than state standards, and much stricter than various other school districts in the region that have opened for in-person learning.According to the district, all California Department of Public Health criteria has been met to a level where limited in-person classes are possible.The next stage will be when both state and county data fit the district's stricter metrics. That date is anyone's guess, leading to some frustration from parents.Parents and guardians in the ``Reopen SDUSD'' group said the district's current reopening plan was ``riddled with vague language that is a far cry from a comprehensive plan that families have been asking for.''With the criteria SDUSD has in place, it could be weeks or months until in-person school becomes more widely used. Even then, it's not a guarantee school will head back as soon as the numbers fit.In the Chula Vista Elementary School District, a push from Superintendent Francisco Escobedo to reopen the state's largest elementary school district for in person instruction on Oct. 26 was met with significant backlash from the Chula Vista Educators union.Susan Skala, the union representative, said collective action and possibly even a strike was on the table unless Escobedo and the administration backed down. Chula Vista is seeing higher-than-average numbers of COVID-19 cases and hospitalizations, and after parents, guardians and educators spoke at a town hall last week, the district relented, moving the new start date to sometime ``near the end of the year.''That example leaves San Diego Unified with a difficult path to walk during the continuing pandemic with public safety, education, unions and families all playing a part.The district has made efforts to make schools and sites safe, purchasing million in personal protective equipment and other safety equipment. It has also received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. 3211
SAN DIEGO (CNS) - A young man accused in a series of San Diego-area gang-related killings and attempted slayings pleaded not guilty Monday to murder, attempted murder and conspiracy charges.Ismael Betancourt, 20, is charged in the Aug. 1, 2019, shooting death of 57-year-old Marco Magana in Mountain View, the Feb. 8 shooting death of 19-year-old Leah Posey in Southcrest, and two attempted murders that allegedly occurred on July 24, 2019 and Feb. 8.San Diego police announced Betancourt's arrest last month in connection with the April 8, 2018, shooting death of 55-year-old Lowry Rivers in National City, which occurred when Betancourt was 17. Rivers' killing is not listed in the latest complaint, and it's unclear whether Betancourt is being tried in juvenile court regarding that crime or whether additional charges are pending in his current case.In addition to the murders and attempted murders, Betancourt is charged along with six co-defendants with conspiracy to commit a crime, for what prosecutors allege was a plan to kill rival gang members.The overarching conspiracy includes the July 12, 2019, shooting death of 20-year-old Joaquin Ruiz, who was shot in a vehicle in Bay Terraces by assailants who opened fire from another vehicle.The four defendants charged with that slaying have been arrested and pleaded not guilty. Two of those defendants, Ethan Apan, 28, and Kevin Herrera, 26, are also charged in the murders in which Betancourt is charged. The complaint charges Apan in Marco Magana's murder and Herrera in Leah Posey's murder.Betancourt is being held without bail and his next court date is a Dec. 22 readiness conference. 1656
SAN DIEGO (CNS) - A woman driving on a suspended license who had more than three times the legal blood-alcohol limit when she crashed her SUV head-on into another vehicle while driving her three young daughters through Rancho Bernardo was sentenced Thursday to 14 years in state prison. Mayra Alejandra Gonzalez, 30, -- on probation for a prior DUI -- had a .29% blood-alcohol content when she drove on the wrong side of Camino del Norte Nov. 12, 2018. Her SUV crashed head-on into an oncoming 2011 Jeep Liberty, causing severe injuries -- including a skull fracture and a brain bleed -- to her 9- month-old daughter, who was riding unrestrained. The defendant's 2-year-old daughter suffered facial injuries and her 8-year-old daughter broke a bone. The 57-year-old driver of the other car suffered broken bones and underwent five surgeries to treat his injuries. RELATED: Mother arrested for wrong-way DUI crash that injured childrenDeputy District Attorney Ramona McCarthy told the court at Thursday's sentencing that Gonzalez was drinking throughout the day on Nov. 12 and driving with her kids in her vehicle on a trip that stretched from North San Diego County to East County and back. She crashed into a signpost and a parked car, and backed into a wall prior to the crash that led to her conviction, the prosecutor said. ``She put alcohol and what she wanted to do above the safety of her children and the safety of the community,'' McCarthy told the court. Considering the condition of her then-9-month-old, who still uses a feeding tube to this day as a result of the crash, McCarthy said ``It's a miracle (Gonzalez) is not here on a murder charge.'' RELATED: Mom pleads guilty to Rancho Bernardo DUI crash that injured her daughtersGonzalez was arrested the day after the collision at Palomar Medical Center. At the time of the crash, she was on probation and driving on a suspended license due to a 2017 North County DUI, in which she crashed while pregnant and with at least one of her children riding in the vehicle. She had .23% blood-alcohol content in that case. Gonzalez, who pleaded guilty in August to felony child abuse and drunk driving charges, addressed the court, asking for leniency and the chance to see her family sooner. ``My children are my world, my reason for living,'' said Gonzalez, adding she was ``very, very remorseful'' for the crash. RELATED: Mother of three going to prison for DUI crashShe said she's since taken numerous classes on parenting and alcohol abuse in an attempt to better herself and would never drink and drive again. San Diego County Superior Court Judge Laura W. Halgren said she believed Gonzalez was remorseful for what happened, but said deterring others from making the same mistakes and taking Gonzalez's history of drinking and driving into account factored into imposing a higher sentence. 2860
SAN DIEGO (CNS) - A vehicle struck and killed a pedestrian Friday on Interstate 5 at the southern end of Balboa Park.The traffic fatality occurred shortly before 9 a.m. on the northbound side of the freeway, near state Route 163 in downtown San Diego, according to the California Highway Patrol.It was unclear why the pedestrian, who died at the scene, was on the interstate, CHP public-affairs Officer Salvador Castro said.The fatality left three northbound lanes blocked in the area and tangled traffic for miles through late morning. 544