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SAN DIEGO (KGTV) – A catholic priest overseeing a mission in San Diego has been granted temporary relief from the state's COVID-19 restrictions on in-person worship.On Friday, ABC 10News spoke to the attorney representing Father Trevor Burfitt in his legal fight to reopen his Southern California parishes, including St. John Bosco Mission inside the Four Points Sheraton hotel off the 163 and Aero Drive.On Thursday, a Kern County judge issued a preliminary injunction protecting Father Burfitt's churches from COVID-19 restrictions but the ruling does not apply to all churches in the state.“Under the existing blueprint for a safer economy, all of [his] churches are subject or were subject to a total worship ban until the court's ruling yesterday,” said attorney Christopher Ferrara. He added, “That ruling has overturned those restrictions and the churches are now free to operate.”On Friday, San Diego County Supervisor Jim Desmond said that he supported the ruling and added in part, “I think and I always have thought that churches are essential, particularly in these times of high anxiety with having to deal with COVID.”The new ruling stems from a recent lawsuit that Father Burfitt filed against Governor Gavin Newsom and other state and local officials over lockdown measures.The judge ruled in part, "The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the first amendment's guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure." The ruling goes on to read in part, "The free exercise of religion clause in the California constitution prohibits defendants from treating religious activities worse than comparable secular activities. California's current COVID-related restrictions do exactly that."“Right now, I would say that this decision provides guidance to the public authorities throughout the state and they should follow it,” added Ferrara.Father Burfitt is seeking a permanent injunction. The next hearing is scheduled for March.ABC 10News reached out to Gov. Newsom’s office for comment. We are waiting for a reply. 2216

SAN DIEGO (KGTV) -- Families worried about paying back rent due to the pandemic are getting more time.Tuesday, the San Diego City Council voted 5-4 to extendthe rent repayment period for commercial and residential renters to December 30, giving renters who have lost income due to the COVID-19 pandemic a few extra months to repay back rent.Council President Georgette Gomez's initial motion Tuesday would haveextended the repayment period for the eviction moratorium to March 31, 2021.Councilwoman Jennifer Campbell amended the motion to the December date as a compromise.On March 25, the council voted unanimously to begin an emergencyeviction moratorium for renters. The moratorium requires renters to demonstrate through documentation that the pandemic has caused "substantial loss of income," according to city staff.Renters are also required to follow the rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19.During the meeting, the council heard from landlords and realtors who say renters are taking advantage of the situation."The blanket moratorium has given criminals a free pass at the full expense of landlords, this is not a one size fits all," said property manager Claudia Cooper.Other callers said it would be a disaster to evict families just as children are starting school from home."Folks will be evicted and this pandemic won't be over anytime soon as the presentation mentioned, a lot of children are going to be learning from home and to be evicted right as school starts is just going to exacerbate the effect this pandemic has had on our kids," said one caller.Many callers said evictions must be prevented to avoid adding to the homeless problem."Many people have been out of work and eviction could mean death," said another caller.The moratorium on evictions expires September 30. If tenants are in good standing with landlords, they can work out a repayment plan for back rent through December 30."We are all in it together," Gomez said before discussion of themotion. "The economy is not fully restored. This is not an ideal policy, butit's a necessity for what we are dealing with."Gomez represents District 9, which encompasses Southcrest, CityHeights, Rolando and the College area. It has also been one of the mostimpacted areas during the pandemic.According to a member of Gomez' staff, which gave the presentationon the topic, the city had started 15,659 rental relief applications usingfederal Coronavirus Aid, Relief, and Economic Security Act funds. Disbursements from that pool of relief money are scheduled to be handed out in late August or early September. Those funds will go directly to landlords, however, and not renters.Council President Pro Tem Barbara Bry voted no on the motion Tuesday,not because she didn't agree that people needed help paying rent, but because the arbitrary nature of the rental relief program could leave the city open for lawsuits, she said. She added that not enough renters know the impact of not paying rent."It's a cruel hoax," she said. Bry said that by not paying rent ontime, tenants could be destroying their credit and leaving themselves withmountains of debt and no place to turn once the moratorium ends.In a public comment period, several dozen San Diegans called in, manyurging the council to extend the moratorium -- which was not the motion in front of council -- and many to forgive rent and mortgages outright.About an equal number of landlords called in to urge the council to allow for evictions again, as many said they were paying two mortgages and not receiving income.Councilmembers Chris Cate and Scott Sherman were opposed to theextension on legal grounds, as the gap between when the moratorium was passed to the date proposed in Tuesday's initial motion would have been more than a year. They claimed this could cause trouble for landlords trying to evict delinquent tenants or to collect back rent.Because the repayment extension passed with just five votes, it issusceptible to a possible veto by Mayor Kevin Faulconer. 4062

SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956

SAN DIEGO (KGTV) - A 21-year-old North County man was stabbed early Saturday morning during an argument with three males over loud music, San Diego Police Department officials said.The stabbing was reported at 12:23 a.m. in the 14200 block of Cuca Street in Rancho Penasquitos, about a block away from Los Penasquitos Elementary School.Police said the man was stabbed in the right forearm during the argument. The victim's relatives transported him to a nearby hospital.The three suspects jumped into a dark vehicle and fled in an unknown direction, according to police.There is no further suspect information. 621

SAN DIEGO (KGTV) - — San Diegans are not allowing the pandemic to dampen their holiday spirit. This much was apparent at the beginning of Taste of December Nights.Within moments of its opening Friday, a line of cars streamed down Park Boulevard, waiting for a chance to order food from about a dozen vendors lined up at Inspiration Point in Balboa Park. "We've been going to December nights every year, but we didn't want to miss it this year," said Jasper Pascual, of National City, who came with his girlfriend Wendee. "It's something new, something interesting."The pandemic has upended decades of tradition, including December Nights in Balboa Park. Thousands normally pack the event in Balboa Park, enjoying holiday decorations, museums and food. This year, the event is a drive through for food vendors, with participants required to stay in their cars and wear masks. Pedestrians, bicyclists and scooter riders are not allowed. "This event obviously is re-imagined, it's different, but again I think it's the type of event that I think is just what some folks will need," Mayor Kevin Faulconer said as he kicked off the event. San Diegans appeared to agree, waiting in stop-and-go traffic to get into one of two ordering lines. A worker from one of the eateries comes to the window, takes an order, and eventually brings the food. Options included coffee, mini donuts, Cajun and kettle corn."Just tell people be super, super patient, bring some music, relax, have fun, enjoy it, because it's going to be a while," said Hellen Silva, who came with her husband and mother. The event runs 11 a.m. to 10 p.m. through Sunday. Santa will be in attendance each day from 11 a.m. to 2 p.m. 1696

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