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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) - A report released Thursday by the International Boundary and Water Commission found a significant presence of wastewater in border channels in the Tijuana River Basin impacting San Diego.In the report, "Binational Water Quality Study of the Tijuana River and Adjacent Canyons and Drains," scientists from the United States and Mexico collected samples from of seven transboundary channels.The sampling and laboratory analysis for the study were performed from December 2018 to November 2019. The findings indicate the presence of treated and untreated domestic and industrial wastewater.The scientists analyzed 267 different parameters in water and 204 parameters in sediment for pathogens, metals, industrial organics, pesticides, as well as conventional parameters typically found in wastewater. Of the parameters tested, 131 were not detected and 136 had detectable levels.Parameters that exceeded standards in both countries at all monitoring sites are those associated with the presence of wastewater, including ammonia, biochemical oxygen demand, chemical oxygen demand, oils and greases, phosphorus, nitrates, methylene blue active substances and coliform bacteria.Data analysis indicates that the parameters which exceeded standards had originated as uncontrolled sewage spills from Tijuana. Disposal of solid waste or trash contributes to the presence of certain parameters exceeding the standards, such as the organic compound DEHP. Commonly used in the manufacture of plastics, DEHP exceeded applicable standards at all monitoring sites and could have leached from plastic accumulated in the canyons and Tijuana River.The results showed that certain parameters of concern -- Hexavalent Chromium and the pesticides DDT and Aldrin -- were either not detected or found in very low amounts below the limits established in both countries' applicable regulations. Likewise, metals such as copper, nickel and zinc, which are commonly used in the metal plating industry, were detected at levels within applicable standards in both countries.The report also includes recommendations related to control of industrial wastewater discharges in Tijuana, increased resources and assistance for wastewater collection and treatment systems in Tijuana, and continued joint water-quality monitoring and field inspections to detect and respond timely to wastewater flows. 2389

SAN DIEGO (CNS) -- A man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside is slated to be arraigned Monday.Robert Brians, 47, is charged with 13 counts, including attempted murder, kidnapping, child abuse, child abduction, criminal threats and burglary for allegedly driving into the water on the morning of June 13 with his 2-year- old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.Brians, 47, is being held without bail pending his Monday afternoon arraignment via video conference at the San Diego Central Courthouse.About 4:30 a.m. June 13, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via "numerous calls and texts ... clearly stating she may not see (them) again," according to the GoFundMe.com page created Sunday.RELATED COVERAGE:Fundraiser to help toddlers involved in Sunset Cliffs crashOfficer rescues toddlers after father drives off Sunset CliffsPolice: Man drives off Sunset Cliffs with twin daughters in truckHe allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1993

SAN DIEGO (CNS) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880

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

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