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SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - At least three vehicles were burned Wednesday morning when a carport caught fire in the parking lot of a Mountain View apartment complex, but firefighters prevented the flames from spreading to the apartments nearby, authorities said.The blaze was reported at 5:10 a.m. in the parking lot of an apartment building on Benfield Court, off South 45th Street between Ocean View Boulevard and Imperial Avenue, according to the San Diego Fire-Rescue Department.Firefighters responded and found a carport engulfed in flames along with at least three vehicles in the parking lot, a SDFRD dispatch supervisor said. Crews knocked down the flames within 20 minutes and no adjacent structures were damaged.No injuries were reported.The cause of the fire was under investigation. 792

SAN DIEGO (CNS) - According to state data released Tuesday, San Diego County will remain in the second, or red, tier of the state's four-tier COVID- 19 reopening plan for at least another week.The county's state-calculated, adjusted case rate is 6.5 new daily infections per 100,000 people, down from last week's 6.7. The unadjusted case rate is down to 7 from last week's 7.2. Because San Diego County testing levels were above the state median testing volume, the county's adjustment level was decreased.On the last two Tuesdays, the county narrowly avoided being pushed back into purple tier, the most strict in the state's reopening plan. The state- set threshold of case rate to avoid the purple tier is below 7 per 100,000.To move into the less-restrictive orange tier, a county must have a rate below 3.9 per 100,000 people.County public health officials reported 161 new COVID-19 infections and three deaths on Tuesday, raising the region's totals to 48,821 cases and 806 deaths.Two men and one woman died between Oct. 2 and Oct. 4, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 8,788 tests reported Tuesday, 2% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 9,277.Of the total number of cases in the county, 3,602 -- or 7.4% -- have required hospitalization and 833 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.None of the 224 cases reported Monday were connected to San Diego State University, but two previously reported confirmed cases are now associated with the school outbreak, bringing the total number of SDSU cases to 1,136, according to public health officials.Those two cases were previously reported to the San Diego County Health and Human Services Agency, but only recently identified -- through continued cross-referencing between SDSU and the HHSA -- as having an SDSU affiliation.A total of 407 on-campus students, 707 off-campus students, 9 faculty or staff and 13 visitors have either confirmed or probable positive COVID-19 diagnoses. Officials said 53 of the total are considered "probable."SDSU announced last Wednesday that it was extending a pause on in-person courses through Oct. 12. Effective that day, a limited number of courses will resume in person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.About 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.In the seven-day period from Sept. 28 through Sunday, 20 community outbreaks were confirmed, well above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.A COVID-19 testing site opened this week in Chula Vista, offering 200 daily tests, five days per week.The drive-up site will provide free, no-appointment diagnostic tests from 12:30 p.m. to 8 p.m. Sunday through Thursday at the South Chula Vista Library, located at 389 Orange Avenue. The COVID-19 tests take about 5-10 minutes and the results come back in about three days.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, county Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites. 4449

SAN DIEGO (CNS) - Cruise ships are scheduled to return to the Port of San Diego this week and through the new year, part of an effort by the cruise lines to reestablish ships in U.S. waters as a prerequisite to resume cruising in a post-COVID-19 world, it was announced Monday.Five Holland America Line ships and one Princess Cruises ship are scheduled to arrive beginning Wednesday, periodically docking at the B Street Cruise Terminal for fuel, food, supplies and services. At this time, none of the vessels will be carrying passengers or conducting any sailings, according to local port officials.To resume cruises after the U.S. Centers for Disease Control and Prevention deems it safe in light of the ongoing COVID-19 pandemic, the ships must reestablish operations in United States waters to meet CDC and U.S. Coast Guard guidelines.According to port officials, time spent docked in San Diego will be limited. Each ship is scheduled to dock at B Street the morning of their scheduled arrival date and depart that evening.The Holland America Line ships are scheduled to remain in the San Diego area and may be visible off the coast, with some periodically positioning in the outer anchorage just outside of San Diego Bay off the coast of Coronado. After their initial arrival, each HAL ship plans to periodically return to the B Street Cruise Terminal to refuel and/or to resupply or receive services. The Emerald Princess is scheduled to go to Los Angeles after its Dec. 24 visit, but port officials stressed that vessel schedules may change.Crew members aboard the vessels will not be allowed off unless as part of crew changes with plans and procedures reviewed and approved by the CDC, Coast Guard, Customs and Border Patrol and county Health and Human Services. All crew members will be regularly tested for COVID-19 and health procedures will be followed in the event of an infection.The COVID-19 pandemic has had major impacts on San Diego's tourism industry, including 119 canceled cruises since March, representing a loss of roughly 0 million in regional economic activity, impacting local businesses and government. The Port's cruise industry supports jobs, including in retail, restaurant and lodging; transportation, trucking and warehousing; ship agents and stevedoring; and security and manpower services.The current arrival schedule is:-- Dec. 23: Holland America Koningsdam-- Dec. 24: Princess Cruises Emerald Princess-- Dec. 28: Holland America Westerdam-- Jan. 8: Holland America Zuiderdam-- Jan. 11: Holland America Noordam 2558

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

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