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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) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485

SAN DIEGO (CNS) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880

SAN DIEGO (CNS) - A teenage suspect was behind bars today in connection with the 7-month-old slaying of another young man in a Southcrest- area neighborhood.Raheem Malik Meals, 18, was arrested Friday on suspicion of murdering 20-year-old Ismail Abouabid on Jan. 15, according to San Diego police.Patrol officers responding to a report of a possible traffic accident in the 4000 block of Boston Avenue shortly before noon that day found Abouabid mortally wounded behind the wheel of a parked vehicle, bleeding from the head, Lt. Matt Dobbs said.Abouabid, who had recently relocated to San Diego from Erie, Pennsylvania, was pronounced dead at the scene.Witnesses told investigators three male teenagers had been with the victim just prior to his death and walked off toward a nearby park just before he was found.Police initially reported that Abouabid had been shot to death but later backed off from those statements.``The mechanism for the (victim's) injury is not being released at this time,'' Dobbs said Tuesday.The lieutenant also declined to disclose a suspected motive for the alleged slaying or reveal what led investigators to identify Meals as a suspect in the case. 1186

SAN DIEGO (CNS) - Mayor Kevin Faulconer today signed an emergency executive order that allows restaurants throughout the city to operate outside effective immediately.Notable parts of the order include allowing restaurants to establish sidewalk cafes and use private parking lots for dining.Restaurants must still comply with county and state ordinances, including following ADA requirements for sidewalk cafes. Businesses also can’t have live music or allow customers to vape.Indoor dining will be closed for at least the next three weeks after the county remained on the state's monitoring list for three consecutive days, leading all indoor operations to be halted at a variety of businesses, including restaurants, where county health officials say many of the recent outbreaks occurred.RELATED: San Diego to close some businesses as COVID-19 cases spikeLast month, Faulconer proposed waiving fees and permits to allow businesses to expand into parking lots, sidewalks and on-street parking spaces, a move intended to maximize social distancing for employees and customers by stretching operations into outdoor spaces.In a statement announcing the executive order, Faulconer said, "Given that the state's new shutdown order has an immediate impact on local businesses, this action will provide relief while the city is finalizing a new ordinance for council approval that will cut fees and streamline permits to make it easier for businesses to operate outdoors."The San Diego City Council is expected to consider an ordinance regarding the permit regulations at a meeting next week.“It will reduce fees, it will wave and streamline permits,” said Faulconer. “It will allow for outdoor dining plazas, and it will allow businesses, in addition to operating in parking lots and sidewalks, to safely expand operations into on-street parking.”“It’s really a lifesaver for these businesses,” said Benjamin Nicholls, the Executive Director of the Hillcrest Business Association. “I’m hearing relief, I’m hearing that the mayor turned out to be the partner that the restaurant community wanted him to be.”Nicholls has been pushing the city also to allow dining in parking lanes. He said that could be an answer for restaurants that don’t have enough sidewalk or parking lot space, like in Hillcrest and North Park.RELATED: San Diego County added to California's 'monitoring list,' certain businesses told to shut downHe is thrilled that the council will consider approving the proposal to include parking lanes next week.”Putting it in the parking lane can really save some of these businesses,” he said.Also Tuesday, Poway City Councilmembers voted unanimously to approve a proposal by Mayor Steve Vaus to buy outdoor picnic tables.The tables will be used by restaurants in need to help them move business outdoors. Vaus plans to use funding from the CARES Act to purchase the tables.Vaus added that no permits will be required to use the tables on sidewalks or in private parking lots and that they are expected to be distributed this week.Once restaurants are finished using them, the tables will be moved to local parks in Poway.“I think this is kind of a no brainer win-win type of situation I would love to see more picnic tables in our parks eventually, and so that's a great thing. And to do every little thing that we can to help our local businesses,” said Deputy Mayor Caylin Frank. 3398

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