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SAN DIEGO (KGTV) -- Despite record unemployment levels in California, the state's economy keeps turning, partly on the backs of the small businesses that have been able to stay afloat. However, six months into the COVID-19 pandemic we’re seeing how some businesses that were forced to shut down to prevent the spread of the virus won't reopen."We've had to pivot and shift, almost call audibles in the middle of what's going on to try to keep our businesses open," said Derrick Banks, owner of Freshly Faded Barber Shop.Banks has been in business for about seven years.He said beyond the haircut, there's something special about the conversations that take place while at the shop."If you see my barber cape, it says ‘Love thy homies’ on it," Banks said. "I feel like every person that gets in my chair becomes a friend eventually."Banks said back in March when businesses were initially forced to close, it's those close conversations and connections to the community that took the biggest toll. That and trying to keep up with an ever-changing series of rules and health and safety standards."We've had to pivot back and forth between cutting hair outside, cutting hair inside, having these safety precautions," he said. "One day we're allowed to be opened, and the next day we're not."While Banks has been able to stay in business, he has only to look down the street to see others who didn't make it."Just in a two-mile radius of this shop, there have been two barbershops that I know of that have permanently closed," he said.Banks said there's no playbook for how to get a business through a pandemic. He understands the importance of small businesses in the community and believes those running them need to do what's best for them."I'm not in a position where I can hope for anything," he said. "I have to have a clear plan, but I am optimistic."The EconomyYou can find empty storefronts in cities across California. But what does it mean for the state's economy?"California is suffering like the rest of the country," said Alan Gin, an economics professor at the University of San Diego. "We had a surge in terms of our unemployment rate. It's come down but still much higher than before the pandemic."Gin said the service and leisure industries have been the hardest hit.According to the California Employment Development Department (EDD), the state's unemployment rate improved to 11.4 percent in August as the state's employers added 101,900 jobs.In July, the state's unemployment rate was up at 13.5 percent.The state agency says Leisure and Hospitality posted the largest industry job loss in August (-14,600), and 561,900 of the sector's 633,000 year-over job losses have occurred since March 2020.Despite the record unemployment, Gin said California has lot of high-tech and business service jobs that can work remotely. It means many higher-paying industries didn't have to shut down.His worry is about the growing financial inequality."It was already bad in this country, but now it's likely to be even worse as a result of this," Gin said.Gin also noted that help from the federal government and unemployment benefits paid out by the EDD has also helped keep California's economy turning.EDD said it processed more than 13 million claims and distributed more than billion over the course of the pandemic.It's important to note last week, the EDD announced it's taking a two-week reset period. The goal, they explained, is to clear the massive backlog of unemployment claims that have been filed over the past six months. An EDD strike team found 600,000 California workers still haven't received the benefits they applied for.Reporter Adam Racusin asked Gin if California's economy can survive another six months of the current conditions."I think an important aspect is whether or not another stimulus package can be passed," Gin said. “I think some more relief is needed. The worry is that with the cutoff of unemployment that the people at the lower end, who are being kept afloat, are going to fall off a cliff." 4047

SAN DIEGO (KGTV) — From the confrontation in a Los Angeles Trader Joe's to a showdown in a San Diego Starbucks, there have been a lot of customers claiming businesses can't legally require them to wear a mask.Some customers even carry a card threatening fines and citing the Americans with Disabilities Act, or ADA. But there are three things to consider before making an ADA claim, according to lawyers.First, to bring a successful ADA lawsuit, attorneys say the person without a mask must truly have a disability. Businesses can ask if a person has a disability, but not much beyond that.RELATED: Confrontation over wearing a mask at Coronado coffee shop"You can't delve into someone's medical condition and ask them a bunch of questions," said attorney Colin Harrison. "I would not advise businesses to ask for any type of documentation."If the person says they have a disability, the ADA requires businesses to make reasonable accommodation. So what's reasonable?"A reasonable accommodation might be to ask the person to wear a face shield, which is about an inch and away and probably wouldn't restrict their ability to breathe," says attorney Steven Elia.RELATED: GoFundMe started for San Diego barista after woman posts about not wearing mask at StarbucksElia says other accommodations might include curbside pickup, but the ADA has limits: businesses don't have to fundamentally alter the way they operate."Customer says I don't want to wear a mask, I want you to deliver to my home. If the business doesn't already provide delivery service, that would be a major fundamental alteration of their business, one they would not be required to do," Harrison said.Both attorneys suggested businesses try to make accommodations first.RELATED: Feds warn of phony cards claiming face mask exemptionBut what happens if those accommodations won't work? There's a third component in the ADA: Subsection 36.208 allows businesses to turn disabled people away if they pose a direct threat to the health and safety of others."Someone not wearing a mask, they might think they're not infected, but they could be and pose a direct threat to spread the virus to many people," Elia said.The Equal Employment Opportunity Commission has said COVID-19 does constitute a direct threat, so our experts say the threat of a successful lawsuit in a case like this is low.That said, there's nothing stopping people from filing these lawsuits. There have been at least nine across the country. But businesses that win can pursue legal fees from the other party. 2548

SAN DIEGO (KGTV) -- Drove footage captured off the coast of San Diego shows orcas happily making their way through crystal clear water. The footage was captured by Domenic Biagini Photography roughly 20 miles off the coast.Biagini told 10News that the water was perfectly calm and the skies clear, allowing for some incredible footage to be captured.Watch the full video in the player below: 409

SAN DIEGO (KGTV) - Glide away those holiday days at one of San Diego’s outdoor ice skating rinks now open for the season.While the weather may stay warm, the ice will be chilly, so be sure you're bundled up!SKATING BY THE SEAIt’s a unique experience: ice skating with a view of the ocean. The Hotel del Coronado offers its skating rink adjacent to the beach on the historic Windsor Lawn through January 1. per person, in advance online. Military and group discounts available. 1500 Orange Ave., Coronado. More infoRADY CHILDREN’S ICE RINKThis Liberty Station skating area offers music and fun with a view of palm trees. The rink is open through January 6 across from The Lot movie theater. adults, children, military. 2875 Dewey Road, Point Loma. More infoHOLIDAY BY THE BAYNot only is there a skating rink, you can slip down the 100-foot long Reindeer Run Ice Slide and see the “Shine” outdoor light show every hour. The Hilton San Diego Bayfront also has Iceberg Bumpers, foods, and cookie decorating. -38 Adults 12 and up, -33 children ages 3-11. Military discounts are available. 1 Park Blvd., Downtown. More infoVIEJAS OUTLET MALL ICE RINKBilled as Southern California’s largest outdoor ice rink, this winter installation is a treat for East County families. You can even buy a season pass. adults and teens, ages 12 and under. 5003 Willows Road, Alpine. More info 1426

SAN DIEGO (KGTV) — Eight San Diego County gyms have filed a lawsuit against state and county leaders over the public health orders due to the coronavirus pandemic.The gym owners say that restrictions on their business by California and the county have caused, "difficulty in satisfying their financial obligations, having been forced to lay off a significant number of employees" and they have "expended large sums of money in an effort to comply with Defendants’ vague orders."Gym owners say they have lost tens to hundreds of thousands of dollars, in some cases, retrofitting their businesses to be compliant with reopening measures.The Plaintiffs include Metroflex Gym in Oceanside, Ramona Fitness Center in Ramona, Boulevard Fitness in University Heights, Deadweight Strength in Grantville, Convoy Strength in Kearny Mesa, IB Fitness in Imperial Beach, and Being Fit in both Clairemont and Mira Mesa.The owners added that they have sought clarification of the orders and how they're enforced by law enforcement and the county, but have not received any clarification from officials.The lawsuit claims that public health orders labeling their businesses as nonessential without allowing them to challenge it, and mandatory closures, are not constitutional.Defendants include Gov. Gavin Newsom, all five San Diego County supervisors, and the mayors of each city where the gyms are located. Various local law enforcement and public health officials, including Wilma Wooten, Sheriff Bill Gore, and SDPD Chief David Nisleit, were also named. 1548

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