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SAN DIEGO (KGTV) — An appeals court Friday granted a stay against a San Diego judge's recent ruling allowing strip clubs and restaurants to reopen despite the state's coronavirus restrictions.The decision by the Fourth District Court of Appeals, District One, freezes an earlier ruling, forcing restaurants to again only offer takeout and delivery service, per California's recent health order. Any opposition to the state's filing must be submitted by noon Wednesday.Lawyers for the state argued against the Superior Court ruling, saying it was overreach since no restaurants were parties in the suit filed by two strip club operators.RELATED: San Diego County to appeal ruling on strip clubs, restaurants amid health ordersCounty Supervisor Jim Desmond said in a statement the decision one day after some restaurants reopened was "tragic." "Today's decision to close restaurants one day after they were allowed to open is tragic for San Diego's workforce. The seesawing of people's livelihoods one week before Christmas is devastating," Desmond said in a statement.Supervisor Nathan Fletcher said in his own statement that the appeals court made the right call as cases surge."This is the right decision to protect our communities given the severity of cases and hospitalizations we are experiencing in San Diego County. Everyone should stay home unless it is absolutely essential," Fletcher said. This 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.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 rulingThat ruling protected strip clubs and "San Diego County businesses with restaurant service.""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 San Diego Superior Court Judge Joel R. Wohlfeil.The county's Board of Supervisors voted Friday to appeal the ruling but said the county would only argue against the provisions that allow strip clubs to operate and indoor dining amid California's regional stay-at-home order."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," Chairman Greg Cox said in a statement.The recent restaurant closures come after the regional dipped under the state's ICU bed capacity threshold. The Southern California region, which includes San Diego County, hit 0% capacity on Thursday and sat at that availability on Friday.Friday, San Diego County set a record for daily coronavirus cases, reporting 3,611 new cases. 3375

SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) — A San Diego veteran is suing 3M Company alleging earplugs he wore while in the military were defective. He’s the latest in a series of lawsuits that have been filed against the company by service members across the country.Kevin Alicie filed a lawsuit on Wednesday claiming he “used Defendant’s dangerously defective Dual-ended Combat Arms? earplugs during tank firing, training firing, other live fire training, vehicle maintenance, and during other training and combat exercises.” According to the lawsuit Alicie wore the earplugs while at Camp Pendleton and was first diagnosed with hearing loss in California. Alicie tells 10News during his military carrier he started having problems with his hearing. He’d hear ringing. He says he didn’t think much about it until the ringing started to become more frequent.“I mentioned it to the doctor when I was doing my final physical, and sure enough when they did that last hearing test they found that there was hearing loss,” Alicie said.The lawsuit says 3M did not inform the military or Alicie that the earplugs were defective and failed to adequately warn that the earplugs did not meet the military’s sound requirements."The biggest defect is they don't do what they are advertised to do,” said Alicie’s attorney John Gomez. “Essentially they are supposed to protect your ears and your hearing in proximity to loud sounds that can cause hearing loss or damage.”Attorney John Gomez says the earplugs were standard issue in certain branches of the military between 2003 and 2015.“Without question, I think tons of users-consumers and potential victims reside right here in San Diego County,” Gomez said.According to a July 2018 press release from the United States Department of Justice, 3M agreed to pay .1 million to resolve allegations that it supplied the United States with defective dual-ended combat arms earplugs.The release says, “the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.”3M tells 10News it did not admit any wrongdoing and chose to settle with the Department of Justice to avoid the time and expense of litigation.In a statement, a spokesperson for 3M wrote: 2460

SAN DIEGO (KGTV) - An Air Force pilot killed during the Vietnam war will finally be laid to rest Saturday. Major Roy Knight Jr. died in action in 1967 when his plane was shot down over Laos. In the following decades there were multiple efforts to find his remains. It wasn’t until earlier this year that investigators discovered Knight and used dental records to identify him. “It is remarkable; I can’t believe it happened,” said his son Roy Knight III of Valley Center. Knight’s family had almost given up hope of seeing him buried. “There's a bunch of emotions that happen. First is just enormous gratitude for the people that went in and got him and that we as a nation continued to try to find him.” Thursday, Knight’s remains were taken from Laos to Dallas Love Field on a Southwest flight. In the cockpit was Knight’s oldest son, a Southwest pilot who saw his father leave for Vietnam at the same airport years ago. “We came up with the idea of what if would it be possible, and it required both tremendous effort on the part of the Air Force and Southwest Airlines to make it happen,” Knight said. Knight said his father was and always will be his hero. “The tremendous respect and honor shown my father, and and there's no doubt he earned that as does every one of our armed forces, especially our fallen.” Major Roy Knight Jr. will be buried in Weatherford, Texas. 1382

SAN DIEGO (KGTV) -- An ice cream truck was stolen and crashed in Logan Heights Monday night, leading to a massive geyser in the neighborhood. The driver crashed into a fire hydrant near the intersection of 30th Street and National Avenue.  257