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SAN DIEGO — The race between two Democrats vying to become San Diego's next mayor is neck and neck, according to a new scientific poll.The ABC-10News Union-Tribune poll shows State Assemblyman Todd Gloria leading City Councilwoman Barbara Bry 39 percent to 38 percent, with 24 percent undecided. The results are well within the SurveyUSA poll's 5.3 percent margin of error. The race is even closer now than it was a month ago, when a similar poll showed Bry leading Gloria 37 percent to 34 percent, also within the margin of error. While both are Democrats, the poll showed Bry getting a majority of her support from Republicans and Independents, while Todd Gloria retained a lead among Democrats. "Barbara Bry is talking about neighborhood issues and slowing down the growth of San Diego, whereas Todd Gloria is talking about addressing housing and doing some growth," said Thad Kousser, a political scientist at UC San Diego. "That finds a political divide over growth that often separates moderates from liberals, or Democrats from Republicans even though both of these candidates Barbara Bry and Todd Gloria are both strong Democrats."Gloria took home 41 percent of the vote in the March primary, with Bry coming in second with 23 percent. She beat out Republican Scott Sherman by 1,189 to get into the top-two runoff, and his voters appear to be supporting her. SurveyUSA's poll shows 46 percent of Republicans voting in the mayor's race are supporting Bry, while 46 percent of independents voting in the race also plan to support Bry. Meanwhile, 24 percent of Republicans and 27 percent of independents voting in the race are supporting Gloria. Gloria's support is coming mostly from Democrats, with 53 percent of members of his own party planning to vote for him, compared to 27 percent for Bry. The remainder are undecided."There are different shades of blue within this city and this mayoral race is all about deciding what kind of Democrat San Diego will be governed by," Kousser said. In a statement, a spokesman for Gloria said they were focused on November 3. “The only poll that matters is Election Day," he said. "Our campaign will continue working hard to reach every San Diegan in every community and to earn every vote.”Bry's campaign also released a statement, saying the results were in line with their internal polling, showing the race in a dead heat. "We’re confident once voters understand the very real differences between the candidates – on issues ranging from protecting residential neighborhoods to re-starting our local economy and being independent from City Hall special interests – that we will prevail on November 3," the statement said. The poll surveyed 547 likely voters and was conducted between Oct. 1 and Oct. 5. 2762

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO (CNS) - A bicyclist riding with a group of cyclists was seriously injured Saturday when he was struck by a motorcycle in Pacific Beach, police said.The collision happened at 3:14 p.m. Saturday at the intersection of Ingraham Street and Reed Avenue, according to Officer John Buttle of the San Diego Police Department.A 23-year-old man riding a 2017 Harley Davidson Sportster was southbound in the 4200 block of Ingraham as a group of cyclists were eastbound in the 1500 block of Reed Avenue, Buttle said.The cyclists entered the intersection and the motorcycle struck one of them, a 49-year-old man, the officer said.The motorcyclist suffered road rash to his right leg, Buttle said. The bicyclist suffered a broken left femur and broken ribs. Medics took the cyclist to a hospital.Officers from the SDPD traffic division were investigating the collision, Buttle said.Ingraham was closed in both directions at Thomas and Oliver avenues and was expected to last a couple of hours, the SDPD said. 1012

SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was sentenced Thursday to 270 days in jail, which will be served on weekends.Eric Van Vleet, who was arrested in Idaho's Cassia County four days after the Nov. 1, 2019, attack, pleaded guilty last year to a felony count of battery on a peace officer resulting in injury.San Diego County Superior Court Judge Melinda J. Lasater ordered that Van Vleet serve his time in county jail on 35 consecutive three-day weekends, totaling 105 days, with the rest of the time earned through custody credits. Lasater, who also imposed five years of probation, ordered that the jail term be re-evaluated and potentially modified after 15 weekends.RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerDeputy District Attorney Will Hopkins said San Diego Police Officer Ben Hall and his partner, Kristen Robinson, witnessed a fight break out among several people outside the Atomic bar about 1 a.m.Hall pepper-sprayed the combatants, including one man, who punched his girlfriend after being blinded by the mace.When Robinson went to detain the man, with Hall assisting, Hopkins said Van Vleet -- who was dressed as Jesus Christ with devil horns -- yelled, "(Expletive) the police" and punched the lawman in the side of the head.He then walked away from the ruckus, disappearing into a crowd and getting into a ridesharing vehicle, and eventually left the state. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect.Hall was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post- concussion symptoms, according to Hopkins.Hall and Robinson called the incident "an ambush" at Van Vleet's sentencing hearing, and said it left them with doubts regarding what they could or should have done differently to safeguard themselves that night."I don't hold any grudges against you, but I believe in accountability," Hall told Van Vleet at the hearing. The officer said he hoped Van Vleet's sentence "shows that we're protected by the same laws we enforce."Van Vleet tearfully apologized to Hall, Robinson and a handful of other San Diego police officers in attendance."I don't want you guys to feel fear for doing what is your chosen calling, to protect the people," he said. "I'm more than willing to be accountable for my actions." 2563

SAN DIEGO — With in-restaurant dining now outlawed amid the Coronavirus outbreak, a South Park neighborhood bistro has transformed itself into a local grocer where shoppers can get produce, milk, eggs, and - yes - toilet paper.Ownership at Eclipse Chocolate made the move this week to help the business get through a time when they can't carry out the core of their business - in house dining. "We were already selling our own chocolate, we're also selling local food brands, we do that all the time, so really it was just a matter of rearranging our own furniture," said Daniel Youngren, a co-owner of the eatery. Restaurants across San Diego County have been hit hard due to the restrictions, with many either shutting down or offering discounts for takeout. More than 126,000 San Diegans work in the industry, which has seen employees either lose their jobs or have their hours cut.Youngren says Eclipse Chocolate is no exception, with a number of its 20 employees seeing fewer hours and applying for unemployment assistance. Still, he says this allows the restaurant to make up at least a portion of the revenue lost and keep some workers busy, while also fulfilling its mission of getting food to people who are hungry.On Thursday, Eclipse Chocolate had used the tables from its dining room to offer apples, tomatoes, onions, cauliflower, to name a few. It also was getting a delivery of milk, eggs, butter, and toilet paper. "We do it all," Youngren said. "Our rent is very expensive, we designed this business, this child of ours to work in a pretty specific way. It is meant to be really adaptable." 1615