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SAN DIEGO (CNS) - San Diego Loyal SC asked the public to be respectful to a Phoenix Rising FC player, coach and team in connection with an allegation of a homophobic slur directed at a player.The club issued a statement on social media that read:We’ve received affirmation and an outpouring of support following our actions these last two matches. We’re humbled and gratified, but we have seen expressions of hatred towards Phoenix Rising, their head coach, Rick Schantz and their player, Junior Flemmings which have no place in our sport as well as our society. We do not want to see players and coaches that love the sport as much as we do bullied, and their reputations sullied, by unfortunate lapses of judgements when fueled by passion and competition. We do not endorse a player being terminated by the club, but rather given an opportunity to learn from their mistake through league punishment protocols and, most importantly, the support of their club. We believe in second chances and look forward to working with Phoneix Rising on productive ways we can forgive, educated, and grow from these moments.We support “We Will Speak. We Ill Act.” and we seek to Forgive, Educate and Inspire.The purpose of our stand was to raise awareness, spread love and eliminate hate in all forms. We ask those who support our stand to please be respectful with Junior Flemmings, Rich Schantz and the entire Phoenix Rising FC organization - threats of any nature are not the solution. We look forward to working with Phoenix Rising and the USL to make our game a safe and inclusive environment for all.SD Loyal President Warren Smith said "we've received affirmation and an outpouring of support following our actions these last two matches. ""The purpose of our stand was to raise awareness, spread love and eliminate hate in all forms," Smith said. "We believe in second chances and look forward to working with Phoenix Rising on productive ways we can forgive, educate and grow from these moments."Said Phoenix Rising Governor Berke Bakay: "Prejudiced language and bigotry has no place in sport or anywhere else for that matter. The on-field events of Wednesday's match could not be more contrary to the values of our organization."Bringing both clubs together to fight prejudice will undoubtedly lead to great things. We look forward to the implementation of these educational programs and hope that they can serve as a model for our league."SD Loyal players walked off the field at Torero Stadium at the start of the second half on Sept. 30 leading 3-1 and forfeited the game after midfielder Collin Martin, an openly gay player, was allegedly called a homophobic slur by Flemmings.Flemmings issued a statement on his since deleted Twitter account that same night calling the accusation false and writing that "my fellow teammates will support my claim." He also wrote that he was "mauled and ridiculed online" and "I stand in solidarity with the LGBTQ+ movement."USL Championship is conducting an investigation to determine the facts surrounding the incident. Rising is also conducting an investigation.The second-division men's professional soccer team also announced Thursday that Flemmings "will be taking an administrative leave so that he may focus fully on cooperating with the investigation."Shantz, the team's coach, will also be taking administrative leave, unrelated to the league's investigation, Rising announced.Flemmings is the league's leading goal scorer with 14.SD Loyal announced Sept. 25 it would forfeit the standings point from their 1-1 tie with Los Angeles Galaxy II Sept. 23 because of a racial slur directed as SD Loyal midfielder Elijah Martin, who is Black. However, the league's standings did not subtract the point.Galaxy II announced last Saturday they had "mutually agreed to part ways" with defender Omar Ontiveros, one day after he was suspended by USL Championship for six games because of the racial slur. 3945

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - Police sought public help Tuesday to identify a pair of suspects who robbed two San Diego State University Students at gunpoint just blocks from campus.The students were walking about 1:35 a.m. Monday at Campanile Drive and Dorothy Drive when two men approached and demanded their belongings, according to the SDSU Police Department. One of the suspects was armed with a handgun.The victims complied with the demands and were not injured, according to police, who said the suspects fled in a white, four-door car heading north on Campanile Drive toward Montezuma Road.Both suspects were described as roughly 170-pound black men, one about 5- foot-7 and the other about 5-foot-10. They both wore dark hooded sweatshirts, saggy pants and sneakers.The San Diego Police Department is investigating the robbery, but university police released information as part of a community safety notification.Anyone with information about the crime was asked to call the SDPD at (619) 531-2000. Tipsters who wish to remain anonymous can call San Diego County Crime Stoppers at (888) 580-8477, or online at sdcrimestoppers.org. 1136

SAN DIEGO (CNS) - The historic Hotel del Coronado is reopening Friday, ending the first closure in the hotel's 132-year history.The famous red-roofed hotel on Coronado Island's Orange Avenue closed with other hotels in late March as the COVID-19 pandemic reached San Diego.Hotels have started to reopen in June, following state and county public health guidelines. The Hotel del Coronado, a major tourist attraction, will reopen with limited amenities and reduced occupancy.Hotel del Coronado General Manager Harold Rapoza told 10News guests and hotel staff can expect to feel safe and comfortable after numerous modifications."We disinfect all the high-touch areas, including the light switches, remote control, door handles. We sanitize the entire room, and then we put a seal on the outside of the door so when guests do check in, they know that no one has accessed the room. They are the first person to access the room since it was cleaned and disinfected," Rapoza said.Rapoza added face coverings/masks will be required for all hotel staff and guests while in public areas. He also said there will be sanitation stands and cleaning wipes around the resort.Rapoza said as soon as they learned the hotel would be allowed to reopen, staff worked "fast and furious" to meet new health and safety guidelines."This is a very busy resort in the summer. There's a lot of foot traffic and we wanted to make sure we could manage through the guidelines. We want everyone to come and enjoy the Del and see the Del this summer. We're excited to show them our new amenities and our new protocols," he told 10News.The luxury villas the Beach Village at The Del will also open Friday. The hotel's main pool and Cabana guestrooms will remain closed until at least July 19 until upgrades are completed.Until the pool reopens, hotel management said guests will be able to borrow sand chairs for the beach and umbrellas for free. Guests will also get a daily dining credit and discounted self-parking.The hotel plans to premiere its Sun Deck, ENO Market & Pizzeria and Babcock & Story Bar in early August."I think people are excited. I mean, this is a great time of year for Coronado and for the town. The weather's great and our beaches are amazing, and I think people are going to enjoy it," Rapoza said.Hotel del Coronado opened in February 1888 and quickly gained a reputation as a celebrity getaway. The building was declared a National Landmark in 1977 and the property was purchased by Hilton in 2017. 2514

SAN DIEGO (CNS) - San Diego County public health officials have reported 381 new COVID-19 cases and three new fatalities, raising the region's total to 56,750 cases and 891 deaths.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized. No new community outbreaks were reported.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive "red" tier of the state's four- tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's four-tiered reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University remain under a stay-at-home advisory. The advisory began at 6 p.m. Friday and will run through Monday at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students are advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3642

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