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SAN DIEGO (CNS) - A Catholic priest who oversees churches in four California counties, including San Diego, is suing Gov. Gavin Newsom and 19 other state, county and municipal officials, alleging COVID-19 restrictions on places of worship are unconstitutional.Father Trevor Burfitt contends in his court papers that public health guidelines restricting worship activities are ``no longer warranted'' and ``causing far more harm than good.''Among the restrictions contested by Burfitt are bans on indoor worship, occupancy restrictions, social distancing requirements -- which ``precludes proper conduct of Catholic worship'' -- and face covering mandates, which ``not only radically interferes with Catholic worship in numerous ways but irrationally threatens individual health...,'' according to his 77-page complaint filed Sept. 29 in Kern County Superior Court.RELATED: In-Depth: Answering legal liability questions about coronavirusDefendants named in the suit include Newsom, California Attorney General Xavier Becerra, San Diego County Public Health Officer Dr. Wilma Wooten, San Diego County Sheriff Bill Gore and San Diego Police Chief David Nisleit. The suit also names officials in Los Angeles, Kern and San Bernardino counties, where Burfitt also oversees mission churches. Burfitt is the prior of Saint John Bosco Mission in San Diego, according to the complaint.Since the pandemic began, similar lawsuits have been filed by religious leaders and institutions across the state, including South Bay United. Pentecostal Church in Chula Vista, which challenged the state's restrictions on church attendance in a case that went before the Supreme Court in May and was rejected 5-4.Like many of the other lawsuits, Burfitt challenges places of worship's status as ``non-essential'' and alleges Newsom has arbitrarily deemed other businesses and industries as critical.Paul Jonna, one of Burfitt's attorneys, said in a statement, ``It is now beyond reasonable dispute that, absent judicial intervention, Governor Newsom intends to continue indefinitely a massive and baseless suspension of the constitutional rights of Father Burfitt and nearly 40 million other residents of the state of California.``He continues to levy strict limits or outright prohibitions on public and private worship activities, which continue to be designated as `nonessential,' while liquor stores, marijuana dispensaries, and the Hollywood movie industry are allowed to operate unhindered. California's residents are apparently expected to live their lives behind makeshift `face coverings' while maintaining an arbitrary distance of six feet from everyone they encounter outside their homes. And to complete Newsom's despotic mandates, anyone who declines to obey faces criminal and civil penalties. This is unconstitutional and a blatant violation of the rights guaranteed by California's constitution.'' 2897
SAN DIEGO (AP and KGTV) — Marine Corps officials say charges are pending against 12 Camp Pendleton Marines accused of being involved in smuggling, including driving migrants across the US-Mexico border.The Marines, who are part of the 1st Battalion, 5th Marine Regiment, are in confinement, officials said.Those being held include two Marine riflemen who were stopped by U.S. Border Patrol agents on July 3 driving from the border with three Mexicans in the back of a BMW. That led to the additional arrests. The two Marines pleaded not guilty in federal court.The remaining 10 Marines were among those detained July 25 on base, according to Marine Corps officials.RELATED: 16 Camp Pendleton-based Marines arrested following human smuggling investigation"Each case and alleged level of participation varies among the individual Marines and Sailor," military officials said.The Marine Corps said Monday that six other Marines and one sailor detained last month have been released and returned to their command at Camp Pendleton.Officials gave no further details about the others. 1086
SAN DIEGO — The main stretch of Avenida de la Playa in the La Jolla Shores area is closing to vehicles through September so restaurants can set up tables out on the asphalt.Restaurants began setting up Wednesday for the outdoor service, which will run through Sept. 27. The change comes in response to a new round of Coronavirus related restrictions that make it illegal for restaurant to serve food indoors. Avenida de la Playa will close to cars from El Paseo Grande to Calle de la Plata. Restaurants will be setting up in the part of the street that was reserved for parking spaces. There will be a 20-foot wide walkway down the center of the road for pedestrians to pass. The move will allow restaurants that lost capacity due to restrictions a chance to add tables. Piatti, for instance, will get 16 additional tables by moving outside, creating 35 new shifts for its workers."I've been here 29 years and I've been able to tell people I'll have something in an hour, I'll be able to seat you in 90 minutes. Those are extreme wait times. and now I'm actually saying for the first time ever, I don't have anything tonight," said Piatti General Manager Tom Spano. The lunch and dinner service will run from 11 a.m. to 10 p.m. 1236
SAN DIEGO (AP) — A judge in San Diego ruled Thursday in favor of media outlets and ordered the unsealing of 17 search warrants containing details about a synagogue shooting in a San Diego suburb that killed one worshipper and injured three others, including the rabbi.Superior Court Presiding Judge Peter Deddeh said he will review the documents with prosecutors and redact the names of witnesses and investigators before releasing them next week.Deddeh said he saw no legal reason why the warrants should remain sealed. There were no objections by prosecutors or defense attorneys.Law enforcement obtained warrants to search the car, home and locations visited by suspect John T. Earnest.Police say the 19-year-old nursing student opened fire at Chabad of Poway on April 27 during a Passover service. He has pleaded not guilty to murder and attempted murder charges.Prosecutors have said the gunman fired at least eight rounds before he fumbled with his semiautomatic rifle and fled with 50 unused bullets.The search warrants could help answer questions including whether the suspect got a hunting license to be able to legally purchase the weapon since he is under 21.Lawyers representing the media outlets, including The Associated Press, have argued the documents should have been unsealed 10 days after investigators filed them in court.Other media involved in the request are San Diego outlets NBC 7, KFMB News 8, Fox 5 San Diego, and the San Diego Union-Tribune.Attorney Elizabeth Baldridge, representing the media, said unsealing the documents is important to ensure oversight of the judicial proceedings, especially in high-profile cases such as the synagogue shooting.She wrote in court filings that mass shootings and attacks motivated by religion and race have become common in the U.S., and the "public has a substantial interest in understanding the motivations behind these crimes and obtaining transparency in the process of bringing alleged perpetrators to justice."She added that unsealing the documents will also be "therapeutic" for families and the community. 2088
SAN DIEGO (AP) — Federal prosecutors and the defense attorneys of the wife of Republican U.S. Rep. Duncan Hunter want her sentencing tied to the misuse of campaign funds moved until after her husband's trial.The request was filed Tuesday in federal court in San Diego.Margaret Hunter pleaded guilty to one count of conspiracy. Prosecutors say she and the California lawmaker misspent 0,000 in campaign funds on everything from family trips to tequila shots.In her plea deal, Margaret Hunter agreed to testify against her husband. The California lawmaker has pleaded not guilty and called it a partisan witch hunt. He is running for re-election.His trial is scheduled for Jan. 22. Margaret Hunter wants her sentencing moved to April.RELATED:Federal judge changes start date for Duncan Hunter trialRepublican Party of San Diego County will not endorse a GOP candidate in 50th District raceHunter faces questions over campaign receiptsProsecutors: How Hunter misused campaign fundsMotion: Hunter spent campaign funds on "desire for intimacy"Judge allowing evidence of Hunter's alleged affairs at trialFormer staffer claims Hunter groped her at DC party in 2014 1168