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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120
SAN DIEGO (CNS) - Ex-NFL tight end Kellen Winslow II, convicted of rape and other felonies stemming from sexual offenses against five women, will not be sentenced to prison for at least a few months, but attorneys disagreed in court Thursday as to when the case should move forward given logistical issues concerning the COVID-19 pandemic.Winslow, 37, was convicted in June 2019 of forcible rape, misdemeanor indecent exposure and lewd conduct counts involving three women.The same jury deadlocked on other charges related to two other women, setting the stage for a second trial slated to begin last November, but Winslow pleaded guilty to rape and sexual battery counts connected to those victims on the day trial was set to begin.The son of former San Diego Chargers legend Kellen Winslow initially faced life in prison on the original charges, but currently faces between 12 and 18 years in state prison when he is ultimately sentenced.His case, like many others, has faced delays due to the pandemic, and his Thursday hearing was held over video-conference, which has become typical since the pandemic began.Defense attorney Gretchen Von Helms argued Thursday that Winslow was entitled to be physically present when sentencing arguments are made. She said that those hearings should not be set until early next year, when conditions may be more favorable for Winslow to appear in court.Deputy District Attorney Dan Owens argued for a possible November sentencing date, saying it was "speculative" to claim live hearings might not be available until next year. Owens said attorneys could reconvene later this fall and determine then whether an in-person hearing could be held.San Diego County Superior Court Judge Blaine Bowman, who oversaw the trial, set a status conference for Oct. 15.In his trial, a Vista jury convicted Winslow of raping a 58-year-old homeless woman -- Jane Doe 2 -- in May 2018, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77- year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February of last year. The Carlsbad incident occurred after Winslow was arrested, charged and released on bail.That jury could not reach a consensus on whether Winslow raped a hitchhiker in 2018 -- Jane Doe 1 -- or a 17-year-old girl -- Jane Doe 4 -- at a Scripps Ranch house party in 2003, leading to the second trial and Winslow's guilty pleas.Owens said at trial that none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.Winslow's attorneys told jurors in his first trial that the charged incidents were either consensual sex or never occurred at all.Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013. 2919

SAN DIEGO (CNS) - In a 3-1 vote, the San Diego City Council Environment Committee approved a resolution declaring a climate emergency in the city of San Diego Thursday.The resolution has no council action attached, but voting for it is the first step toward getting more meaningful ordinances in front of the full city council. San Francisco, San Jose and Sacramento have all declared climate emergencies. Councilmember Jennifer Campbell, who chairs the environment committee, said the resolution was a necessary process."By passing this resolution today, we'll be joining more than 1,300 other cities in 25 countries in declaring a climate emergency," she said. "Climate change in San Diego is not a what-if, it's what's now."RELATED: San Diego Mayor Faulconer addresses homeless, housing issues in final State of the CityCampbell said that in the last 100 years, San Diego had witnessed nine inches of sea level rise."It's well past the time to sound the alarm," she said.Councilmember Barbara Bry said that when the council passed the Climate Action Plan in 2015 (a comprehensive plan to reduce emissions and take other climate change steps citywide by 2035), it was setting an example. She hoped by passing the resolution, other cities around the country would follow in San Diego's footsteps.RELATED: Lawmakers consider overhaul to California's bottle and can recycling programCouncilmember Scott Sherman, the lone dissenting vote, didn't get into the politics of the resolution, instead voting no on procedural grounds."I have to ask questions, and one of the questions I always ask is what happens after this is passed?" He said.Jordan Beane, Campbell's communications director and the author of the resolution, said that the committee and city staff would take time to "add teeth" to the resolution before bringing any ordinance before the full council.Sherman said, as a rule, he didn't vote for resolutions as they do not enact change. He also said that he would be "looking forward to" staff adding more substantial items before taking a meaningful vote. 2073
SAN DIEGO (CNS) - Countywide influenza cases hit a season high last week, and three more residents died due to flu complications, county health officials announced Wednesday.The county's Health and Human Services Agency confirmed a total of 616 flu cases last week, beating last week's season-high of 545 cases. The county has confirmed 6,094 flu cases so far this season, compared to 18,137 a year ago.The county's flu death toll now sits at 45 after two men, ages 44 and 33, and a 101-year-old woman died due to flu complications. The county confirmed that all three had additional medical issues, but did not disclose if they had been vaccinated. The county's flu death toll stood at 288 at this time last flu season.RELATED: Is it a cold or a flu? Here are 5 ways you can tell, according to the CDC"Given the high number of cases that continue to be reported, influenza continues to be widespread throughout the community," said Dr. Wilma Wooten, the county's public health officer. "It is not too late to get a flu shot."County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions. Recent flu seasons have extended as late into the year as May, according to county health officials.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1710
SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms 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 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. 1708
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