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SAN DIEGO (KGTV) — Four San Diego businesses, including two restaurants and two gyms, have filed a lawsuit seeking an emergency injunction to stop the latest shutdown orders.Under the red tier, both sectors were open for indoor operations as limited capacities. Restaurants were allowed to serve people inside at 25 percent of the normal capacity, and gyms at only 10%.On Saturday, purple tier restrictions will go into effect, meaning businesses like restaurants and gyms must shutdown indoor services completely and move outside.Cowboy Star Restaurant & Butcher Shop, Home & Away Encinitas, Fit Athletic Club, and Bear Republic filed the lawsuit against California Gov. Gavin Newson and the County of San Diego, as well as other state and county officials arguing that the closures go against their rights.The lawsuit states that Newsom and the California Department of Public Health (CDPH) lack the authority to impose the continuing restrictions on California businesses.All four businesses detail the numerous health and safety measures they’ve added to provide a safe environment for staff and customers during this pandemic.“I think it’s pretty clear that the law is on the side of governmental authority to try to get this under control,” said Jan Ronis, an attorney with the Law Offices of Ronis & Ronis. “Why they continue to file lawsuits… it’s beyond me.”Ronis is not involved in this case, but said when the pandemic began, he reviewed emergency legislation available to the government at both state and federal levels.“These laws have been in the book for decades, and governments have used them sparingly, and quite frankly think they’re valid as surprised as I was by the breadth and scope of government authority once these emergency declarations are declared,” said Ronis.He said he had seen similar lawsuits filed across the state during the last several months, and most don’t hold up in court.“I really feel sorry for the businesses, but the fact is this is a monumental health crisis,” said Ronis.Dr. Wilma Wooten, San Diego County’s public health officer, recently asked for the CDPH to allow the county to stay in the red tier. She explained that businesses that would be impacted the most by purple tier restrictions, like restaurants and gyms, are not the cause for the local increase in COVID-19 cases.The lawsuit said despite the data provided by Dr. Wooten, the CDPH still denied the request without any justification based on science or data.Both the law firm that filed the lawsuit and the County of San Diego refused to comment on this matter, stating they do not comment on pending litigation. 2646

SAN DIEGO (KGTV) — During a closed session meeting on Friday, the county Board of Supervisors voted to appeal a recent court's decision to allow strip clubs and restaurants to reopen amid California's regional stay-at-home order.While the board voted to appeal the ruling, Chairman Greg Cox said they have directed the county's legal counsel to only argue against the operation of strip clubs and allowing indoor dining despite California's coronavirus restrictions."The Board voted to appeal the order. But the Board directed County Counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining. We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there. Please continue to cover your face, wash your hands and avoid gatherings," Cox said in a statement.Lawyers from the state joined in the county's appeal, arguing the ruling overreaches, as no restaurants were parties in the suit.It's unclear when a ruling on the appeal could be given.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThis week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.San Diego Superior Court Judge Joel R. Wohlfeil ruled that the adult entertainment businesses and "San Diego County businesses with restaurant service" cannot get a cease-and-desist order."The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said Judge Wohlfeil.RELATED COVERAGE:Judge's ruling on strip clubs includes all San Diego County restaurantsSan Diego brewery among beer makers suing Gov. Newsom over tasting room proceduresThis prompted the county to halt enforcement against restaurants that didn't only offer takeout and delivery, as required under California's regional stay-at-home order. Many local restaurants reopened for some form of in-person dining after the ruling.Supervisor Nathan Fletcher said in a statement on Friday that he "vehemently" disagrees with the court's ruling."Given the massive rise in COVID-19 cases and hospitalizations, we must make difficult decisions to slow the spread of the virus. I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume and I support appealing the entirety of the recent court ruling. It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining," Fletcher said. California's regional stay-at-home order went into effect after the Southern California region, which includes San Diego County, saw its ICU capacity dip under 15%. Friday, the region's capacity sat at 0%. 3319

SAN DIEGO (KGTV) - During this LGBTQ Pride month, 10News is looking at the rainbow of leadership in San Diego. San Diego has more LGBTQ members in political office than you may realize. We met State Senate President Pro-Tem Toni Atkins at a coastal event for research on climate change. Atkins says it’s everyday attention to universal issues like this that further acceptance of openly gay leaders like her. Christine Kehoe was San Diego’s first openly gay politician. She was elected to the San Diego City Council in 1993 and went on to serve more than a decade in the State Assembly and Senate. “The fact is there are a lot of people who blazed trails to allow me to serve; to allow Toni Atkins, Jen Campbell, Georgette Gomez, Chris Ward….our cup really runneth over in San Diego." Assembly member Todd Gloria said no one should hide who they are. "I think I'm a better elected official because of who I am. I think more importantly, the people of San Diego want to know who their elected officials are." 1015

SAN DIEGO (KGTV) - Flu cases are almost three times higher in 2017 than in the previous years, said the San Diego County Health and Human Services Agency Wednesday.So far this year, three people have died from influenza A. There have been 445 cases, compared to 112 for the last three years.“We cannot predict just how severe a flu season is going to be, but a lot more cases are being reported than in previous years,” said County public health officer Dr. Wilma Wooten.The CDC recommends everyone 6 months and older get an annual flu shot. It takes two weeks for immunity to develop.Vaccination is especially important for: 638

SAN DIEGO (KGTV) - Firefighters on alert after seeing the latest Wildland Fire Potential Outlook maps released by the National Interagency Fire Center. The maps show San Diego with an above average wildfire potential that increases from June through August and starts to wane slightly in September.Cal Fire Public Information Officer Thomas Shoots said the outlook focuses on three things; "We're dealing with fuel, weather and topography." Shoots said the agency can't do anything about the topography or weather, but every neighbor can do their part reducing fuel, especially around their home.RELATED: How to prepare defensible space around your homeShoots acknowledged the winter weather gave San Diego County a reprieve fire-wise, but it posed a new problem: new growth that's already drying out."A grass fire can run a lot faster and spread faster which means our resources are spread out quicker, and then that means it has the heat and momentum to build up to the bigger fuels," Shoots said.Just down the road, a neighbor had landscapers pruning her yard."I think it's very important to have this done...helps the whole neighborhood," said the woman named Gene.Cal Fire said the best time to get the landscaping work done is before 10 a.m. and after 4 p.m.Last week, neighbors in Rancho Santa Fe saw the danger become a reality when Cal Fire said a landscaping crew using the lawn mower sparked a 3-acre fire near Fairbanks Ranch."It's starting to get to the point where it's too late; we need you to clear while we have the chance," Shoots said, referring to hot weather making these incidents more likely."We need all the help we can get," he said."Definitely, they've got a lot of work ahead of them, I think," Gene said.Cal Fire reported this year to June 16th, there have been 1,386 fires, burning 11,954 acres across the state. Last year at the same time, it was about half that, 2,154 fires, burning 20,791 acres. Cal Fire says fires are becoming more common, with 248 wildfires over the past week. 2023

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