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DEL MAR, Calif. (KGTV) - The Flower Hill Promenade in Del Mar is helping restaurants in its parking spaces by creating extra outdoor dining space.Milton's, a restaurant and deli in the shopping center, opened up a new outdoor area by covering up parking spaces with turf and tents and setting tables and chairs. That area opened up this week after new health orders forced restaurants to close their indoor dining areas due to rising coronavirus case numbers.Owner Barry Robbins says that they are also working on building a lounge area with a big-screen TV. With fans not allowed at the Del Mar horse track this season due to the pandemic, Robbins is hopeful their proximity to the race track will attract horse racing fans."We want to create a lounge, and put up a tv, and show the races there," he said. "Then you'll have more a night time venue with music, which we've never done before."Rose Javin, the General Manager at Flower Hill Shopping Center, says the outdoor dining spaces are an investment in their clients. Another restaurant in the Flower Hill Promenade, Cucina Enoteca, also recently rolled out turf and put up tents to create a comfortable outdoor setting for their customers. They are currently working with a third client to see if they can help them."The shopping center has put up the money to do all this and create this area for the tenant," Javin said. "We're a family here, and we want our tenants to thrive and survive."Robbins says they were hard-hit by the pandemic. When restaurants were allowed to reopen, Robbins says they invested thousands of dollars in putting up glass dividers inside the restaurant. Still, they were only open for two weeks before they had to shut their indoor area again.Robbins says having the outdoor space is a relief."It means sleeping at night. I was so scared," he said. "I think we really have a chance, and it could be better than ever." 1910

DENVER, Ind. -- Peyton Manning has sold all 31 of his Denver-area Papa John’s franchises, according to Sports Illustrated.Manning had purchased the franchises while playing for the Broncos in 2012.The sale was finalized just days before the pizza company ended its sponsorship deal with the NFL.The decision to end the sponsorship came after Papa John’s then-CEO, John Schnatter, commented that the NFL players’ protests were to blame for his company’s declining sales.Pizza Hut has stepped in as the new official pizza of the NFL.Pizza Hut's deal is for four years and will cost the company more than Papa John’s was paying.  639

David Pecker, the head of the company that publishes the National Enquirer, was granted immunity in the federal investigation into President Donald Trump's former attorney Michael Cohen in exchange for providing information on hush money deals, according to the Wall Street Journal.Pecker, the CEO of American Media Inc., told federal prosecutors that Trump had knowledge of Cohen's payments to women who had alleged sexual encounters with him, sources familiar with the matter told CNN. Pecker also provided investigators with details about payments Cohen made to the women, the sources said.Representatives for American Media Inc. did not respond to a request for comment. 682

DENVER, Colo. – The attorney for the family of Elijah McClain filed a federal civil rights lawsuit Tuesday against the city of Aurora and the officers and paramedics involved in his August 2019 death.The 106-page lawsuit filed Tuesday in the U.S. District Court of Colorado claims that Aurora’s customs and policies led to Aurora Police Department officers and Aurora Fire Rescue paramedics violating McClain’s constitutional rights, leading to his death. The autopsy found his manner and cause of death were undetermined.The suit claims the officers involved in the McClain incident used excessive force against him, denied him equal protection under the 14th Amendment, failed to provide adequate medical care, deprived him of due process, battered him causing his death, and committed negligence causing his death.Attorney Mari Newman is also asking for further relief, including economic losses, compensatory and punitive damages, and attorney’s fees.McClain, 23, was unarmed and walking home from a corner store when he was encountered by Aurora police on Aug. 24, 2019, after a passerby called 911 to report him as suspicious. Over a nearly 20-minute span, police put McClain in a carotid hold, which limits blood flow to the brain.He was handcuffed for much of the ordeal, and the lawsuit says that in addition to the carotid hold, an armbar and knees were used to hold McClain down – even as he vomited. When he became unresponsive, paramedics gave him ketamine, police have said. The lawsuit says the administration of ketamine was done with “reckless or callous disregard of, or indifference to, the rights and safety of Mr. McClain and others.”McClain stopped breathing and became unresponsive and died days later.“The extended, needless use of excessive force and torture by Aurora Police Department officers and the subsequent injection of a massive ketamine overdose by Aurora Fire Rescue paramedics overwhelmed Elijah’s body. He could not recover,” the suit filed Tuesday says.The suit names many of the officers involved in the incident, as well as paramedics and the medical director of Aurora Fire Rescue.The Colorado Department of Public Health and Environment (CDPHE) confirmed last month it is looking into the administration of the drug ketamine by health care professionals after receiving numerous complaints from the public beginning on June 24.Newman claims in the lawsuit that the city of Aurora’s conduct the night that McClain died “is part of a larger custom, policy, and practice of racism and brutality, as reflected by its conduct both before and after its murder of Elijah McClain, a young Black man.”It notes the protests that have stirred national attention on McClain’s case, how APD officers used chemicals at a protest involving violinists and children, and had to fire its first independent investigator that was put on the case. It also mentions the incident in which three officers took pictures at the scene of the McClain incident and texted it to Officer Jason Rosenblatt, who replied, “haha.” A lawsuit has also been filed against the police department for its actions the day of the protest.Rosenblatt and two other officers – Erica Marrero and Kyle Dittrich – were fired, while another officer, Jaron Jones, resigned. Rosenblatt has since sued over his termination, and others have appealed theirs.The officers involved in McClain's death were not arrested or charged.In June, as McClain's death garnered national interest, Gov. Jared Polis appointed Attorney General Phil Weiser to investigate the officers' actions. The Colorado U.S. Attorney's Office also confirmed it is working with the Department of Justice Civil Rights Division to investigate the matter.In late July, the Aurora City Council adopted a resolution calling for a three-member independent investigation team that will be led by Jonathan Smith of the Washington Lawyers Committee for Civil Rights and Urban Affairs in Washington, D.C.The team will include consultants who have expertise in independent investigations, law enforcement and public safety accountability, civil rights, use of force, police and EMT training, and criminal justice.The team would then issue a written report to the city council, present its findings to the council in a public meeting, and make the report public. The report will include recommendations to the city on the McClain incident as well as future best practices the police, fire, and EMT departments should implement.Newman gave notice to the city in February that the McClain family intended to sue.The suit goes into detail about what she claims is a pattern of Aurora police targeting Black people with excessive force – something our partners at The Denver Post reported on in detail earlier this week – noting that while just 16% of Aurora residents are Black, they accounted for 47% of use of force cases by police in 2019.“For decades, Aurora police have persistently brutalized people of color, and especially. Black people, at a rate significantly greater than their proportion in the Aurora community. Some – but by no means all – examples of cases brought by victims of Aurora’s racist brutality are set forth herein,” the suit states.It goes on to say that officers profiled McClain because he was Black and used “much more unreasonable force” than they would have if he had been white. It says the city is liable “for its failure to properly train, supervise, and/or discipline its subordinate employees and agents.”And it says that the officers and paramedics “consciously disregarded a substantial and unjustifiable risk that their conduct would cause the death of Mr. McClain” and that his family continues to suffer. The suit calls for damages under the Colorado Wrongful Death Act.“We have filed this civil rights lawsuit to demand justice for Elijah McClain, to hold accountable the Aurora officials, police officers, and paramedics responsible for his murder, and to force the City of Aurora to change [its] longstanding pattern of brutal and racist policing,” Newman said in a statement.The city of Aurora said it could not comment on pending litigation."The city is currently reviewing the lawsuit and is unable to comment until that review is complete," a spokesperson for the city said.On Tuesday afternoon, the Colorado Attorney General’s Office confirmed that it has been investigating the “patterns and practices” of the Aurora Police Department involving instances where officers might have deprived people of their constitutional rights.“This patterns and practice investigation, authorized by SB20-217, is in addition to a separate investigation the office is conducting into the death of Elijah McClain. In order to maintain the impartiality and integrity of these investigations, the Attorney General’s Office has no further comment at this time,” the Attorney General’s Office said in a statement.That came as Aurora City Manager Jim Twombly and Chief of Police Vanessa Wilson announced they had picked Chicago-based 21CP Solutions to conduct a comprehensive review of the police department.“Law enforcement is being evaluated across the nation and we want to ensure that our entire community feels that APD is an agency that shows dignity and respect and can be a role model for 21st Century policing. We will strive daily to regain trust in our community. I believe this review, along with actionable policy and training changes, is a good first step,” Chief Wilson said in a statement.The Aurora Democratic delegation sent out a statement Tuesday afternoon on the new investigation and review:“Today’s announcement that the Attorney General's Office has an ongoing patterns and practices investigation into the Aurora Police Department after several high-profile cases involving community members of color, represents a monumental shift in the future of policing in Colorado.“The inclusion of pattern and practice investigative authority was one of the most crucial provisions in SB20-217, the police accountability bill we passed earlier this year. Rather than focusing only on individual issues, this review will examine the behavior of the police department as a whole, potentially going back several years. To achieve full accountability and to eliminate structural and systemic problems in an organization, it is necessary to look broadly and deeply, and this is exactly what we expect this investigation to do.“We also fully support the reforms that Chief Vanessa Wilson is seeking to make, and we will work to ensure that the department cooperates with the Attorney General's investigation. Aurora is hurting, and we believe that this investigation and the cultural changes we hope it will bring can heal the deep wounds that divide our beloved community.”This story was originally published by Blair Miller at KMGH. 8823

DEL MAR (CNS) - Border Patrol officials Friday announced that 21 arrests were made earlier this week stemming from a foiled human smuggling operation off the coast of Del Mar.Border Patrol agents spotted a "suspicious vessel" near Dog Beach at about 3 a.m. Tuesday, which was later identified as a panga boat dropping off 16 Mexican nationals.In anticipation of a landing at Camino Del Mar, agents arrived to find a group of people clad in life jackets running toward three vehicles, according to the U.S. Border Patrol.One vehicle was stopped near the scene, while the other two sped off, the Border Patrol said.A 68-year-old U.S. citizen behind the wheel of a 2003 Mazda minivan was arrested along with eight passengers who were Mexican nationals. Two other vehicles were pursued to a hotel in Carlsbad, where the drivers -- both U.S. citizens -- were arrested with eight Mexican nationals who were passengers.According to the Border Patrol, U.S. Coast Guard officials intercepted the panga boat as it was attempting to depart the area, and two Mexican national men aboard were arrested.Border Patrol officials said five people will face human smuggling charges in connection with the incident, while one boat passenger will face charges for re-entry after prior removal. The other passengers are expected to be returned to Mexico. 1341

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