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SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

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) - California Sens. Kamala Harris and Dianne Feinstein introduced a Senate resolution Wednesday to condemn the deadly April 27 shooting at the Chabad of Poway synagogue. The resolution condemns anti-Semitism, white supremacy, white nationalism and other forms of hatred as antithetical to ``American values of dignity and respect for all people.'' It also expresses hope that the three injured survivors of the attack make a full and swift recovery and includes a call to honor the memory of Lori Gilbert Kaye, 60, who died at the scene of the shooting that occurred during a celebration of the end of the eight-day Jewish holiday of Passover. ``The rising threat of white nationalism and white supremacy is in direct contradiction with the highest ideals of our country, and I urge my colleagues to join me in supporting this resolution to condemn this despicable hate,'' Harris said. ``Hate has no place in our country,'' Feinstein said. ``Our resolution condemns the anti-Semitic attack on Congregation Chabad and reaffirms our nation's values of openness and tolerance so all Americans can worship freely without fear of violence.'' A similar Senate resolution condemning anti-Semitism was introduced last week by Sens. Ted Cruz, R-Texas, and Tim Kaine, D-Virginia. Chabad of Poway Rabbi Yisroel Goldstein, who lost his right index finger in the shooting, attended the White House's May 2 National Day of Prayer event at the invitation of President Donald Trump. The president's adviser on Israel, Jason Greenblatt, called Goldstein ``a pillar of strength'' after a visit to the synagogue last week. 1626

SAN DIEGO (CNS) - A San Diego-based telemarketer was fined nearly million by the Federal Communications Commission Wednesday for making more than 47,000 robocalls over a two-day period leveling false accusations against a local state Assembly candidate and manipulating caller ID information to appear as though a competitor was making the calls.Kenneth Moser and his company, Marketing Support Systems, were fined ,997,750 for making the calls on May 30 and May 31, 2018, about one week prior to the primary election, in which Philip Graham unsuccessfully sought to represent the 76th Assembly District.Shortly before the primary, a woman accused Graham of kissing her against her will in an Encinitas bar, triggering a sheriff's department investigation that concluded the claim was unfounded. Nichole Burgan, the woman at the heart of the allegation, later pleaded guilty to filing a false report.According to the FCC, the robocall messages repeated Burgan's claim and caller ID information was manipulated to make the calls appear as though they originated from another telemarketing company, HomeyTel, described as a competitor to Moser's company. As a result, HomeyTel received "a multitude of angry complaints" from people who received the calls, as well as a cease-and-desist letter from Graham, according to the FCC.The agency said 47,610 robocalls were made during the two-day period, with multiple calls sometimes sent to the same recipients.The calls violated the Truth in Caller ID Act prohibiting manipulation of caller ID information -- otherwise known as spoofing -- with the intent to defraud, cause harm or wrongfully obtain anything of value, according to the FCC. 1697

SAN DIEGO (CNS) - Authorities asked the public Tuesday for help in identifying a man who fondled a woman and exposed himself to her last month at a Lemon Grove discount store.The victim was shopping at Dollar Tree in the 7100 block of Broadway when a stranger in a yellow T-shirt inappropriately touched her and flashed her shortly before 4:30 p.m. on April 8, according to the San Diego County Sheriff's Department.When the woman confronted the perpetrator, he left the store. He was described as a roughly 5-foot-9-inch, brown-haired Latino who appeared to be about 40.Anyone with information about his identity or whereabouts is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters can remain anonymous and may be eligible for a reward up to ,000. 831