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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) -- Allegations of battery made against a California Assembly candidate have proven to be false, according to the San Diego County Sheriff’s Department.Detectives say after interviewing several witnesses and reviewing surveillance video, allegations against Phil Graham have proven to be unfounded and the case is being closed.RELATED: State assemblyman candidate accused of batteryNiki Burgan filed the report on Sunday, May 20. Burgan alleged that the incident happened on May 14 at the First Street Bar in Encinitas. Burgan said she met Graham and that they engaged in conversation.Burgan alleged that Graham kissed her against her will and followed her outside before attempting to have her touch him in a sexual manner against her wishes.The department says it conducted a thorough investigation and disproved the allegations after being assigned to the case on May 21.10News reached out the Phil Graham and received the following statement:  1006

SAN DIEGO (KGTV) — A suspected DUI driver overturned his car while speeding in the East Village, sending a passenger flying from the vehicle and facing life-threatening injuries.A 23-year-old man was driving a 2004 Toyota Prius "at a high rate of speed" eastbound on Market St. just before midnight Friday, according to San Diego Police. As he turned left to continue northbound on 7th Ave., he struck the curb and his Toyota overturned.A 24-year-old man sitting in the passenger's seat was ejected from the vehicle and suffered life-threatening injuries, including a crushed pelvis and internal bleeding. They were in critical condition Saturday morning, according to police.The driver suffered a laceration to his forehead, police said.Police believe alcohol was a factor in the crash. 795

SAN DIEGO (KGTV) - An East San Diego County military wife whose husband is accused of poisoning her with thallium is facing intensive rehabilitation, according to a GoFundMe account in her name.Race Uto, 27, was arrested in March on suspicion of giving his wife Brigida the heavy metal, which is found in rat poison and ant killers.A search warrant obtained by 10News indicated Brigida Uto had been sick since September 2017 and did not know the cause. She suffered weakness and hair loss, and was eventually near death, according to the warrant.RELATED: East San Diego County man suspected of poisoning his wifeDoctors determined Brigida ingested the Thallium, which was found in ‘extreme levels’ in her system when she was admitted to the hospital.The FBI, NCIS and San Diego County HazMat determined Brigida had been poisoned by someone with access to her food and drinks.Investigators searched the couple’s home in Dulzura and confiscated laptops, a coffee blender, four cups and other electronics.The warrant also shows that Race had an affair while he was deployed in the Navy and that the couple had gone through counseling.RELATED: Warrant reveals troubled marriage in poisoning caseRace told detectives he has no idea how his wife came into contact with the poison. She also said she had no idea who would want to hurt her.Brigida suffered significant nerve damage and doctors are unsure if she will regain feeling in her legs. Her organs have suffered tremendous damage, friends report.She is a special education teacher in the Mountain Empire School District and the mother of a young boy, according to the GoFundMe page. She met her husband at her high school prom when she was 18 and the couple married at 25. 1730

SAN DIEGO (KGTV) - An old airport terminal turned innovation lab hopes to ultimately improve the customer experience at San Diego International Airport (SAN).The second group of innovators has begun the 16-week accelerator program to "field test" and develop their concepts in a real-world airport environment.The Innovation Lab was launched to reduce barriers for innovators to break into the aviation industry. Its goals are to develop concepts that can enhance the passenger experience, improve operational efficiency, increase revenues and/or decrease costs. The 3,500-square-foot space offers a functional mini-terminal area with ticket counters and a bag claim carousel, all without passenger or security concerns to work around."We wanted to provide a location where we could invite innovators in to test their solutions," said Rebecca Bloomfield, spokesperson for SAN. Jon Wisner, Director of Business Development & Partnerships at HOHM Inc., says they've already gotten good feedback on a sleeping pod they hope to bring to airports. "What we are trying to validate is the best usage for the pod - whether it be used for a nap, lactation room, or privacy just in general, meditation, prayer," said Wisner. The pods are currently being tested by airport staff. The five entrants include: AirporTour - testing interactive airport guides with audio tours Ciari Guitars, Inc. - offering a guitar kiosk featuring a foldable, travel guitar where travelers can play and/or listen to music while relaxing HOHM, Inc. - providing high-tech sleep pods for travelers to rest in for 30-minute to four-hour periods in otherwise underutilized space InnoTech Systems LLC - using autonomous robot guides to provide navigation through the airport and other travel assistance Nuvve Corporation - pioneering vehicle-to-grid applications at airports with excess electric vehicle (battery-stored) energy sold back to the grid or buildings during peak demand timesAt the end of 16 weeks the companies will have a chance to pitch their company and hopefully land a contract with SAN. 2085

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