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SAN DIEGO (KGTV) - In a downtown courtroom on Friday afternoon, attorneys battled over a request to halt the shutdown orders for San Diego bars, restaurants, and gyms.Attorney Bruno Katz is representing a group of local businesses like Cowboy Star restaurant and Bear Republic Crossfit gym, which are seeking an emergency injunction. He told the judge, “What I do want to say, your Honor, is that the temporary restraining order is based on data. It’s based on facts. It’s based on science and it's based on the state not showing why it has targeted these industries when the science and data doesn't support it.”The state argued that the damage to businesses pales in comparison to the damage on human life. “There's nearly a thousand dead San Diegans and the numbers are getting dramatically worse and have been for the last couple of weeks,” said state Deputy Attorney General Jonathan Eisenberg.Restaurants and gyms were open for indoor operations with limited capacities under the red tier. However, last Saturday’s move to the purple tier forced them to shutdown indoor services completely and move outside. They're suing Governor Newsom and San Diego County, arguing that the closures go against their rights and are causing financial devastation.The suit was filed on behalf of all restaurants and gyms.Local owner of The Studio SD fitness studio Rachel Racz spoke to ABC10 News before Friday’s hearing. She told ABC10 News in part, “It's been rough to shut down business again when people were feeling normal and then we see the County of San Diego's Department of Health say that gyms are only point .4% of cases in San Diego and it's really frustrating as a business owner where we have these ebbs and flows- where we can be open and then we can’t.”Superior Court Judge Kenneth J. Medel stated that he would have a ruling by 5 p.m. on Friday. If not, he said he would issue his decision on Monday. 1916

SAN DIEGO (KGTV) - Lime is warning riders of a problem with their deckles scooters that can cause “sudden excessive braking during use.”The company issued a safety update on Saturday, saying they had recently discovered a bug in the firmware of their scooters.They determined in some circumstances, the brake on the front wheel would be suddenly and automatically applied often after hitting an obstacle while riding downhill at high speeds.“While this issue has affected less than 0.0045% of all Lime rides, some riders have been injured,” wrote Lime in the safety update.That includes Paul Grasso, who says he was riding a Lime scooter on December 18 on Ingraham Street near Vacation Road in Mission Bay.He said he had just gone down the bridge and was making his way up a sidewalk ramp when the scooter’s wheels tightened up, sending him flying face-first into the pavement.“I spent five days in the hospital,” he said with a “broken nose, fractured skull, traumatic brain injury, fractured eye socket, ten stitches in my forehead and stitches on my nose.”10News reached out to Lime about Grasso’s crash but they said they couldn’t comment on rider specific questions.Lime has launched a fleet-wide firmware update to fix the braking bug. It should reach all of their scooters in the next few days, according to the company’s safety update.Until they have confirmed that all of their scooters have been updated, they have issued a list of precautions for riders:Before starting your Lime trip, walk around the scooter and do a visual inspection of the hardware. Is the vehicle body in good condition? If not, don’t use that vehicle; report it to our customer service team and then select another vehicle.Once you start your Lime trip, give the brake a tight squeeze. If the brake does not engage properly and immediately stop the vehicle, dismount, end the trip and notify Lime customer service.Use extra caution in the next few days while we issue the final firmware update -- especially when riding downhill. Always stay in full control of your scooter and don’t go full speed while riding downhill.Comply with any scooter audible or visual warnings to slow or adjust your speed.Ride defensively: wear a helmet and reflective or bright clothing, respect the right of way and be cautious of other cars, trucks and pedestrians, don’t ever ride under the influence of alcohol or drugs, and always ride in bike lanes when available.Ride smart: follow the rules of the road, keep both hands on the handle bars, don’t use your mobile device while riding and avoid wearing headphones. 2591

SAN DIEGO (KGTV) — In Pacific Beach, it's common to see scooters in the flow of traffic.At night, it's the same story. Firefighters plagued with trauma patients from scooter crashes. Crews say they often see people using them to bar hop.A study released Thursday reveals data supporting exactly that. The study focuses on 103 patients and after tests it shows that half of them were drunk. Even more surprising, 52% were high on drugs.The study pulled data from UCSD Medical Center, Scripps Mercy Medical Center, and a hospital in Austin, Texas."We were concerned this would become the next big public health issue," says UC San Diego Health Dr. Leslie Kobayashi.The study looked at patients between September 1, 2017 to October 31, 2018."Spinal fractures and spinal chord injuries," Kobayashi says, recalling injuries. "I myself saw one patient who was not able to be salvaged because of a severe overwhelming devastating head injury."Kobayashi seeing the skyrocketing trend from the emergency room.New rules started in June to combat these stats, like limiting the speed of scooters in places like the boardwalk and forcing riders to park scooters in corrals.Firefighters in Pacific Beach say they're seeing less injuries in the last month.Kobayashi hopes it's just the beginning."Reducing the speeds, limiting the times of day it can be used, and whether or not protective gear, most importantly helmets are going to have an impact on injury prevention," Kobayashi added.The conclusion of the study reads, "eScooter-related trauma has significantly increased over time. Alcohol and illicit substance use among these patients was common, and helmet use was extremely rare. Significant injuries including intracranial hemorrhage and fractures requiring operative intervention were present in over half (51%) of patients. Interventions aimed at increasing helmet use and discouraging eScooter operation while intoxicated are necessary to reduce the burden of eScooter-related trauma."10News reached out to Bird and Lime for a response.Lime said they are "piloting a new function in the app - “Don’t drink and ride” - whereby those trying to rent a Lime after 10pm now have to confirm they are not attempting to rider under the influence."Both companies said safety is their priority.Bird sent us this statement, in part, "The rules of the road, apply to everyone — whether behind the wheel, walking, cycling or on a scooter. We go to great lengths to educate and inform riders about the dangers of distracted riding, including riding under the influence, as well as educating them on how to identify drivers who might be operating cars under the influence." They provide in-app messages and emails reminding riders not to drink and ride.The study acknowledges their information may be skewed, "Using patients only from Level 1 trauma centers may skew our data by excluding many of the less severely injured patients who were triaged to lower level trauma centers and non-trauma centers." 2995

SAN DIEGO (KGTV) - It's been 13 years since Filirican Torres died after being hit by a car on the 94 Freeway, and her family says every passing holiday and anniversary brings the pain back to the forefront."It feels like someone is stabbing you in the heart over and over again," says sister Edy Torres.Friday is the anniversary of the death, which is still unsolved. Now the Torres family is asking anyone with information to come forward and help them get closure."Maybe they heard something in the last 13 years," says Torres. "Maybe they heard her name or something came up. Help us out."The family says Torres was thrown from a car on the freeway on January 10, 2007, and then hit by several other cars on the road. It happened on the Eastbound lanes of the 94 in between Euclid Avenue and Kelton. At the time, San Diego Police called the death "suspicious." In 2009, Crime Stoppers released a photo of a white Geo Metro as a suspect vehicle, but they never made any arrests."She was a loving person," Torres says of her sister. "When you met her she would put a smile on your face. She had this aura where you would just gravitate to her."As they have for years, the family is putting up posters around the area where the crash took place."It's been 13 years," says Edy. "Time hasn't healed anything. We just learn to cope with the pain."Anyone with information is asked to call Crime Stoppers at 888-580-8477. 1424

SAN DIEGO (KGTV) - Mission Beach residents and tourists could be getting some relief from dockless scooters speeding down the boardwalk as San Diego's summer season approaches.The Mayor's Office is working on an emergency ordinance banning electric scooters, like those used from services such as LimeBike or Bird, from the Mission Beach Boardwalk, from Crystal Pier south to the jetty."Residents have complained about [the] continued reckless use of motorized (electric) scooters along the Mission Beach Boardwalk. This type of behavior has resulted in collisions, accidents, and bodily injuries," the city said in a release.DOCKLESS TRANSPORT COVERAGE: 692