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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) -- Former San Diego deputy Richard Fischer has been released from jail months after being sentenced to nearly four years in jail after pleading guilty to multiple assault charges. According to the San Diego County Sheriff's Department, Fischer was released earlier in May on custody credits. "On May 15, 2020 the San Diego County Sheriff's Department received an order from the Superior Court setting forth the custody credits for Richard Fischer," the department said. Fischer was sentenced to 44 months in jail in December of 2019, followed by 16 months of post-release supervision after pleading guilty to four felony counts of assault under the color of authority, two misdemeanor counts of assault under the color of authority, and one misdemeanor count of false imprisonment. The charges stemmed from attacks on 16 women, City News Service previously reported. Fischer was accused of assaulting women while on duty between 2015 and 2017. The victims said Fischer groped, hugged or tried to kiss them. Fischer originally faced 20 felony and misdemeanor charges. RELATED:-- Ex-San Diego County sheriff's deputy gets jail time in sexual misconduct case, won't have to register as sex offender-- Plea deal reached in deputy sexual misconduct case-- Trial for San Diego County sheriff's deputy accused of sexual misconduct set to begin-- New lawsuit filed against former deputy-- Potential plea deal falls through in sheriff's deputy sexual misconduct case-- Deputy accused of groping, sexually assaulting women to stand trial-- Fischer: ‘I really look forward to my day in court'-- Deputy accused by multiple women of sexual assault speaks publicly-- Sheriff's deputy accused of sexual misconduct pleads not guiltyCity News Service contributed to this report. 1788

SAN DIEGO (KGTV) - Health officials have confirmed a positive case of COVID-19 at an assisted living center in the College Area.On Wednesday, 10News tried to get answers from Stellar Care Center, located just south of the College Area. On Tuesday night, San Diego County Public Health Officer Dr. Wilma Wooten revealed that they were looking into a patient at the home who may have tested positive. “Our staff [is] investigating this situation and once it's determined if there's individuals or patients with influenza-like illnesses, the staff there will collect specimen and send them to our lab for testing,” she stated.Across the country, concerns over the spread of the virus in nursing homes continues to grow. In Kirkland, Wash., an outbreak of the virus at the Life Care assisted living center lead to at least 35 reported deaths, according the Centers for Disease Control and Prevention. In Louisiana, seven deaths have been linked to a retirement community out of New Orleans. 10News reached out to Stellar Care Center and San Diego County for additional information. A spokesperson for San Diego County writes, "I can confirm that there is a positive case of COVID-19 at Stellar Care Assisted Living. Skilled nursing facilities throughout the County have amplified their protocols to address the COVID-19 pandemic using strategies similar to those recommended by the County of San Diego in responding to an influenza outbreak. These protocols include limiting the amount of people in congregant settings (including meals, activities and visitors) while amplifying cleaning and sanitation measures and providing additional training for staff."The State Department of Social Services writes, “In order to protect confidentiality, we are not able confirm or provide details regarding specific individuals or locations.” 1835

SAN DIEGO (KGTV) — Federal agents have been added to the investigation of a Kearny Mesa fire that gutted an off-roading business early Thursday morning.About 25 agents with National Response Team (NRT) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) out of Los Angeles were requested by San Diego Fire-Rescue to assist with the probe.The NRT agents will arrive Friday and begin processing the scene at Off Road Warehouse Saturday, according to the ATF. They join other officials with ATF Los Angeles, SDFD, and the San Diego Police in the investigation. RELATED: Animals rescued as fire burns Kearny Mesa off road businessNRT personnel are called in to help investigate significant fire, arson, or explosion incidents, the ATF said. The fire comes five months after another fire ignited in November 2018. That fire, however, was reportedly ruled as an electrical fire.“ATF is committed to working alongside state and local law enforcement by bringing its resources to determine the origin and cause of this fire that resulted in a total loss for this business,” said Carlos Canino, the special agent in charge of ATF Los Angeles Field Division. “ATF will provide whatever is necessary to thoroughly investigate and provide answers.”Thursday's blaze was reported at about 1:30 a.m. at the ORW building (7915 Balboa Ave.) The fire caused an estimated .5 million in damages and the warehouse's contents were deemed a total loss. No injuries were reported. The fire also forced the evacuation of several cats and dogs at the nearby Balboa Veterinary Hospital. 1582

SAN DIEGO (KGTV) — FBI investigators are looking for an armed suspect who stormed into a Mira Mesa bank Wednesday and ransacked the bank's vault.The man stormed into the Cal Coast Credit Union located at 9825 Mira Mesa Blvd. just before 10 a.m. Wednesday. The man, who was wearing a mask and hood, jumped on a counter and made verbal demands to the bank's tellers.The man displayed a handgun, ordered several employees to the ground, and demanded access to the bank's vault, investigators say.While inside the vault, the man empties a recycling bin and used it to collect cash from the vault. He then fled in a white Chevy Z71 pickup truck that investigators say he backed up to the bank's entrance before entering.The man is described as possibly African American, 5' 5" tall, weighing 150 pounds with muscular build, and was last seen wearing a black ski mask, navy blue hooded sweatshirt, dark pants, black gloves, and a black mask.Anyone with information is asked to call San Diego FBI at 858-320-1800 or Crime Stoppers at 888-580-8477. 1048