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SAN FRANCISCO (AP) -- A federal judge blocked on Friday President Donald Trump from building sections of his long-sought border wall with money secured under his declaration of a national emergency. U.S. District Judge Haywood Gilliam Jr. on Friday immediately halted the administration's efforts to redirect military-designated funds for wall construction. His order applies to two projects, scheduled to begin as early as Saturday, to replace 51 miles of fence in two areas on the Mexican borderGilliam issued the ruling after hearing arguments last week in two cases. California and 19 other states brought one lawsuit; the Sierra Club and a coalition of communities along the border brought the other. His ruling was the first of several lawsuits against Trump's controversial decision to bypass the normal appropriations process to pay for his long-sought wall."The position that when Congress declines the Executive's request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds `without Congress' does not square with fundamental separation of powers principles dating back to the earliest days of our Republic," the judge wrote in granting a temporary injunction to stop construction.At stake is billions of dollars that would allow Trump to make progress in a signature campaign promise heading into his campaign for a second term.Trump declared a national emergency in February after losing a fight with the Democratic-led House over fully paying for the wall that led to a 35-day government shutdown. As a compromise on border and immigration enforcement, Congress set aside .375 billion to extend or replace existing barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings.Trump grudgingly accepted the money, but he declared the emergency to siphon money from other government accounts because he wanted to spend billion on wall construction. The funds include .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress, which authorized far less wall spending than Trump wanted."We welcome the court's decision to block Trump's attempts to sidestep Congress to build deadly walls that would hurt communities living at the border, endanger wildlife, and have damaging impacts on the environment," said Andrea Guerrero, a member of the Southern Border Communities Coalition.The administration said Trump was protecting national security as unprecedented numbers of Central American asylum-seeking families arrive at the U.S. border.The courtroom showdowns come amid a flurry of activity to accelerate wall construction.Kenneth Rapuano, an assistant secretary of defense, said in a court filing last month that work on the highest-priority, Pentagon-funded projects could begin as soon as Saturday. The Defense Department has transferred .5 billion to border wall coffers. The Defense Department transferred billion to border wall coffers in March and another .5 billion earlier this month. Patrick Shanahan, the acting defense secretary, is expected to decide soon whether to transfer an additional .6 billion.The Army Corps of Engineers recently announced several large contacts with Pentagon funding. Last month, SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace 46 miles (74 kilometers) of barrier in New Mexico.Last week, Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace 5 miles (8 kilometers) in Yuma and 15 miles (24 kilometers) in El Centro, California. The administration has planned to use 1 million in Treasury money to extend barriers in the Rio Grande Valley. 4013

SAN DIEGO (KGTV)- Business owners across San Diego County were bracing for the possibility of shifting back into the most restrictive purple tier Tuesday.The county barely avoided the move and can stay in the red tier for now.“The up and down is very difficult to run any business without having any known information about what the future brings,” said Scott Lutwak, CEO of Fit Athletic Club, which has five locations in the county. “It’s been just a rollercoaster of open and close again.”If the county had to move back into the purple tier, gyms and fitness centers would have to go back to outdoor operations only.“It’s not easy to just move all the equipment that you had inside and move it into your parking lot and create a gym,” he said.Under the red tier, they can operate inside at 10 percent capacity. Lutwak said that’s still just not enough.“This number has been a very difficult number for our industry to digest because we simply cannot operate at 10 percent of our capacity.”Restaurants were also set to move back outside if we hit the purple tier. Under the red, they can offer indoor dining at 25 percent capacity.“There’s no clear path to 100 percent, there’s no plan to get us back open, and that’s really shocking to us,” said Angie Weber, co-owner of Cowboy Star Restaurant and Butcher Shop.She said her East Village business would not survive another shutdown.Weber said California’s color-coded tier system makes things more difficult for already struggling business owners, as they’re constantly worrying about what could happen next.“We need to fix this, we’re just going to be on this seesaw,” she said.While San Diego County teeters between the red and purple tiers with no orange or yellow in sight yet, both Lutwak and Weber hope county leaders and health officials can take back local control.“If we use the governor’s formula, our businesses are basically never going to be able to reopen,” said Lutwak. 1943

SAN DIEGO (KGTV)- The National Weather Service (NWS) issued a heat advisory through Thursday for the coastal areas and Friday for the inland valleys in San Diego County.The hot weather and dry fuels create dangerous fire weather conditions, keeping fire crews across the county on high alert.“At nine, it already felt significantly warmer than the last couple of days,” said Elizabeth Conniff as she ended her hike at Iron Mountain Trailhead. “It was pretty hot, hotter than I expected, and very dry.”Poway reached nearly 100 degrees before noon Tuesday, nearing record-breaking temperatures for this time of year.Conniff, an experienced hiker, said that she would not recommend hiking during this time.Hotter temperatures are forecasted for Wednesday and Thursday.“If it’s going to be 100 or over, stay home, and that is from somebody who hikes three or four days a week,” she said.The NWS warns the hot weather could cause heat-related illnesses and recommends that people stay hydrated and out of the sun.Firefighting agencies ask everyone to remain vigilant and be extra cautious about doing anything that could spark a wildfire. 1141

SAN DIEGO, Calif. (KGTV) - With election results ready to come out, Downtown San Diego businesses are bracing for protests. Many business owners in the area say the memories of damage when peaceful protests escalated at the end of May are still fresh, so they boarded up windows as a precautionary step, hoping it turns out to not be needed.Related: Looters smash windows, rob stores in downtown San DiegoAldo Broussard owns Carter’s Diamonds, a jewelry store in a jewelry exchange building that houses dozens of jewelry shops and professionals. He said they boarded up the windows at their business in May and during that time saw damage to surrounding buildings, so they boarded up windows again ahead of the election. He said they took that step to protect the small-business owners inside the facility.“There’s a lot of jewelers in here who have basically all their life savings, all their work, all their tools and without it they can’t make a living so it’s more for protection for everybody in the building,” said Broussard.Broussard added that he doesn’t expect protests to cause damage, but would rather be safe than sorry.“I think overall people are good so I think it’s going to be okay. There might be a few who take advantage of the situation but I think overall it’s going to be fine,” he said.Nearby, Sushi 2 restaurant is another small business bracing for protests or unrest this week. Kuniko Holmes is the owner and said she boarded up her windows in June after receiving some damage during downtown protests. She ended up leaving the boards up through the summer because of uncertainty of the future and also because she knew November could be a stressful month when she would have to board up again.“I wanted to make sure so I don’t have to put it up and down and up and down because it’s work for people and also it costs. As a small business like we are, even putting the board up made it expensive,” she said.Indoor dining was also not allowed during that time, so she ultimately decided that if the boards would be staying up through most of the year, she would make them visually appealing.“We decided to ask local artists to put some great art as you see and it changes the dynamic of how it looks and it just looks so inviting,” she said, referencing the peace signs and hearts painted on the boards.Other downtown businesses that boarded up windows ahead of the election include Ralphs, CVS, 7-eleven and the Church of Scientology.San Diego County law enforcement agencies said they are not aware of any planned protests or possible unrest, but have extra staffing just in case. 2614

SAN DIEGO, Calif. -- Tech giants say they will not sell facial recognition software to police departments, for now.It's a tool police departments have been using for years, helping solve everything from property crimes to cold cases and missing people. But there's little oversight over the technology, and critics say it puts our privacy and civil rights in jeopardy.While police often use the software to scan the mug shots of criminals, there's a good chance your photo is also in the system. A 2016 Georgetown Law report found one in two American adults are in a law enforcement face recognition network. In addition to mug shots, social media photos and surveillance videos, many states also allow searches of driver's licenses databases.Critics of the technology also point to inaccuracies in the software.In 2018, researchers at MIT and Stanford University examined three commercially released facial-analysis programs from major technology companies.The analysis showed an error rate of 0.8% for light-skinned men compared to 34.7% for dark-skinned women.Steve Beaty is a professor of computer science at MSU Denver. "It appears these programs have, what we call, biases in them. That they're biased towards certain skin tones, for example, and will make more mistakes with certain types of people than other types of people," said Beaty. He says the bias can occur when the machines are trained. "The computers I don't think have any inherent bias in themselves, but they can only learn from the data sets they're provided with," said Beaty.If a machine sees more photos of white males while being trained, it will be able to identify them more accurately. And while the technology has proven to be a useful-crime fighting tool, a case of mistaken identity can mean an innocent person ends up with police looking into their private lives unnecessarily."I think it's a good idea to take a step back and say what is it we as a society want from our facial recognition technology? That's exactly what Amazon has come out and said," said Beaty. This week, Amazon announced a one-year moratorium on police use of their facial recognition technology, Rekognition. The company is calling on lawmakers to put in place stronger regulations to govern the technology's ethical use.Microsoft also said it will not sell its software to police departments for now, while IBM is abandoning its facial recognition program altogether. "Let's talk about what it means, and have the conversation, and make sure that we as a society, as a country, are comfortable with what the technology is being used for," said Beaty. As companies reevaluate how police officers use their technology, the question remains if the public will do the same. 2737