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SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations takes effect for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight Saturday due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week.``Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings,'' Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1726

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) - Governor Jerry Brown appointed two San Diego residents to state boards on Monday.Clinical psychologist Mary Harb Sheets, 65, was appointed to the Board of Psychology. Harb Sheets, who is registered without party preference, has worked in private practice since 1994 and as a staff psychologist at the consulting firm Workplace Guardians Inc. since 2000.Her position does not require Senate confirmation.Brown appointed Debra Reed, 62, to the California Horse Racing Board of Directors. Reed, who is registered without party preference, held several positions at Sempra Energy from 2010 to 2018, including executive chairman, chairman, president and CEO and executive vice president.Reed held several positions at San Diego Gas and Electric and Southern California Gas Co. from 2000 to 2010, including president and CEO, president and chief operating officer and president and chief financial officer, and is a member of the boards of directors of Rady Children Hospital Health Center; Caterpillar Inc.; Chevron Corp.; and State Farm Mutual.Reed's appointment require confirmation by the state Senate.The compensation for both positions is 0 per diem. 1179

SAN DIEGO (CNS) - Authorities Wednesday publicly identified a 27-year-old man who was fatally shot last weekend in an apparently unprovoked attack near the handball courts at the Linda Vista Recreation Center.Officers responding to reports of shots fire around 11 a.m. Sunday at the recreation center, 7064 Levant St., found San Diego-resident Israel Castro suffering from at least one gunshot to his upper body, San Diego police Lt. Andra Brown said.Paramedics took Castro to a hospital, where he was pronounced dead, Brown said.While officers were at the hospital, a 30-year-old man suffering from a gunshot wound was brought in by a private vehicle, the lieutenant said. The man told officers he was also at the Linda Vista Recreation Center when he was shot.Witnesses told police that a man wearing a mask and shorts was seen running from the scene and getting into a white four-door vehicle that sped off southbound on Linda Vista Road, Brown said. No detailed description of the suspect was released.Anyone with information on the shootings was asked to call the SDPD's homicide unit at 619-531-2293. Tipsters can also call Crime Stoppers at 888-580- 8477. 1170

SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month of two counts of assault with a firearm for the Aug. 7, 2017, shooting that injured Deputy Jason Philpot, who was walking through downtown with his two brothers following a Metallica concert at Petco Park. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention.Pitoau was also convicted of a lesser charge of assault on the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.Jason Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459