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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

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) - Father Joe's Villages announced Friday that it has established an emergency fund to raise money for the homeless during the COVID- 19 crisis. With its thrift and donation stores shuttered, and donation pick-ups and drop-offs on hiatus as part of the shelter's efforts to reduce the risk of spreading the virus to clients and staff, Father Joe's representatives say the new fund will be crucial to continue to provide shelter, health care, food, showers and laundry for those in need. Qualcomm co-founder Franklin Antonio has provided a 0,000 matching gift challenge in an effort to encourage monetary support from the community, Father Joe's Villages said. Donations can be made online here.While some services have been paused in the wake of the coronavirus outbreak, Father Joe's Villages reiterated there are no confirmed COVID-19 cases at the shelter.One client showed signs of COVID-19 symptoms on Wednesday, leading to a temporary interruption in intakes. However, the client was tested for COVID- 19 and was confirmed negative for the virus Thursday, leading the shelter to resume accepting intakes following direction from county officials. 1177

SAN DIEGO (CNS) - Countywide influenza cases hit a season high last week, and three more residents died due to flu complications, county health officials announced Wednesday.The county's Health and Human Services Agency confirmed a total of 616 flu cases last week, beating last week's season-high of 545 cases. The county has confirmed 6,094 flu cases so far this season, compared to 18,137 a year ago.The county's flu death toll now sits at 45 after two men, ages 44 and 33, and a 101-year-old woman died due to flu complications. The county confirmed that all three had additional medical issues, but did not disclose if they had been vaccinated. The county's flu death toll stood at 288 at this time last flu season.RELATED: Is it a cold or a flu? Here are 5 ways you can tell, according to the CDC"Given the high number of cases that continue to be reported, influenza continues to be widespread throughout the community," said Dr. Wilma Wooten, the county's public health officer. "It is not too late to get a flu shot."County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions. Recent flu seasons have extended as late into the year as May, according to county health officials.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1710

SAN DIEGO (CNS) - A man climbed through a window of a Pacific Beach home Monday morning and attacked a woman in her bedroom before fleeing, police said.Dispatchers received a call around 5:15 a.m. from the victim, who reported that she found a man in her bedroom after he apparently entered through a window of her home on Grand Avenue near Olney Street, San Diego police public-affairs Officer Billy Hernandez said.The woman also reported that the man had attacked her, but she was able to get away and lock herself in her roommate's bedroom before calling police, Hernandez said.Officers arrived and searched the home, but found no one inside. Paramedics treated the victim for minor injuries, including a bloody nose, but she declined transport to a hospital, Hernandez said.No detailed description of the intruder was immediately available. 852

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