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SAN DIEGO (CNS) - A San Diego federal judge largely upheld California's private prison ban in a ruling stemming from dual lawsuits filed against the state by the Trump administration and a private prison firm.U.S. District Judge Janis Sammartino issued a preliminary injunction Thursday upholding in most respects Assembly Bill 32, which took effect Jan. 1 and prohibits the operation of private detention facilities statewide.By 2028, the law would bar all inmates from being held at privately owned facilities. The law also prohibits agencies from entering into new contracts for privately owned detention facilities or renewing existing contracts at currently operating facilities.The federal government and private prison firm The GEO Group argued that the law is unconstitutional because it encroaches on the government's operations to house federal inmates by unlawfully allowing a state government to regulate federal operations.Additionally, the government has argued that private facility closures will force the relocation of thousands of inmates at high cost to taxpayers, with inmates also forced to be incarcerated at greater distances from their families, especially if they are relocated out of state.The GEO group alleges that it will lose around 0 million per year in revenue if forced to close down its California facilities and could lose more billion in capital investment and revenue over the next 15 years.Sammartino ruled that AB 32 is a regulation of private detention contractors rather than the federal government and its operations and disagreed with plaintiffs' arguments that AB 32 interfered with congressional objectives to house detainees in private facilities, except in respect to United States Marshals' detainees.Sammartino wrote, "Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state and local facilities."As AB 32 would prevent the use of private facilities when no available space exists in other facilities, she preliminarily enjoined enforcement of the ban in regards to USMS detainees, but it remains in effect for the U.S. Bureau of Prisons and ICE.According to court papers, 1,100 USMS inmates in California are housed in private detention facilities, representing about 22% of USMS statewide.Among those inmates, many are housed at San Diego facilities that include the Metropolitan Correction Center, Western Region Detention Facility, and Otay Mesa Detention Center.The United States and the GEO Group can file amended complaints within the next three weeks, according to Sammartino's order. 2706

SAN DIEGO (CNS) - For the fifth 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 -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, 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. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.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 last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will 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." 3073

SAN DIEGO (CNS) - In the latest effort to house the growing number of homeless in the San Diego region, city officials Wednesday said three new temporary shelters will open, the first one or two by the end of this year."The solutions are not perfect, but they are necessary" said Mayor Kevin Faulconer at a news conference. 331

SAN DIEGO (CNS) - Backers of an initiative that would have raised San Diego's hotel tax to fund a long-awaited expansion to the city's bayfront convention center failed to collect enough valid signatures to earn a spot on the November ballot, the city clerk's office announced Wednesday.A random sampling of the campaign's more than 114,000 signatures by the county Registrar of Voters fell short of the threshold of verified signatures needed to place an issue on the ballot. A signature-by-signature count will start immediately, but such a count typically takes 30 days to complete, and the deadline to place a measure on the ballot is Friday."Colossal failure," initiative opponent City Councilman David Alvarez wrote on his Twitter page.Overall, 71,646 valid signatures are needed to place an initiative on the ballot. The signature-by-signature count could qualify the hotel tax increase for a future election if it isn't completed in time for the November ballot.The City Council could also decide to place the measure on the ballot during a Thursday special meeting, but that would raise the initiative's required success threshold to two-thirds voter approval.The proposed initiative would raise the city's 12.5 percent hotel tax to 13.75 to 15.75 percent depending on the location of each hotel.The 42-year tax increase was expected to generate .4 billion, including nearly .8 billion for the convention center.An estimated 7 million would have gone to homelessness services and housing funding over the tax increase's first five years. An additional 4 million would have gone to road repairs. 1621

SAN DIEGO (CNS) - More than 1,200 San Diego Gas and Electric customers lost power Friday morning in the Rancho Pe?asquitos, Rancho Bernardo and San Pasqual areas.The outage was reported about 6:10 a.m., affecting 1,260 customers, according to the utility company's website.SDG&E was assessing the outage to determine the cause and power was expected to be restored by 9 a.m. 386

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