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SAN DIEGO, Calif. (KGTV) - It started when Amber Gilles posted a photo of San Diego Starbucks barista Lenin Gutierrez with the caption “Meet lenen from Starbucks who refused to serve me cause I’m not wearing a mask. Next time I will wait for cops and bring a medical exemption.”A stranger in Orange County, Matt Cowan, said he wanted to donate a few dollars to the barista in tip money, so he started a GoFundMe. As the photo on Facebook filled with hundreds of thousands of interactions and comments from people supporting the barista, the tip money eventually hit more than 0,000 to be donated to the barista. Lenin said he plans to use that money to further his education and also follow his dreams of dancing.Related: 0,000 donated to Starbucks barista who asked woman to wear maskGilles said she now wants half of that money.“It was discrimination and everybody is okay with it and enabling and rewarding that behavior,” said Gilles.She went on to describe the symptoms that prevent her from wearing a mask, saying “One of them I get shortness of breath, dizziness and it messes with the heartbeat. And I do have asthma as well, and I do get mask-acne. So there’s several things going on and not only that but it doesn’t even work.”She provided ABC 10News with two documents to prove her medical exemption. One is a pelvic exam from 2015 with results that say “probable exophytic fibroid arising from the anterior wall of the uterus measuring 2.9 cm size.” and “simple 2.5 cm left ovarian cyst.” A second piece of paper is a handwritten note with letterhead from a San Diego chiropractor who she asked not be named. The hand written note reads “Amber has underlying breath conditions that prevent her from wearing a mask or any type of facial covering whatsoever. Please contact me if have any questions.”When that chiropractor who wrote the note was called, he said he could not discuss her situation. When Gilles was asked why a chiropractor gave her a breathing-related medical exemption, she responded “because they are dedicated to providing non-invasive personalized care and treatment. They are real doctors.”When asked if she has an apology or message to the public, Gilles said “No absolutely not. I feel like I need the apology. I’ve been discriminated against, I’m the one who’s sick.”Gilles said she's spoken to a few lawyers about taking her case for getting half of the money but said they're all expensive so she started her own GoFundMe to try to raise money.WATCH: Lenin gets 0,000 2520

SAN DIEGO, Calif. (KGTV) -- Homeless people in San Diego woke up Tuesday morning to find San Diego Police officers going street by street, offering resources.  Police officers lined the streets of the East Village. They were going street by street approaching the homeless in their tents. At one point there were at least eight patrol cars on one block.  SDPD says their efforts are a part of their ongoing outreach to let the homeless know about the resources available to them in hopes of ending the cycle of homelessness.  Most of the homeless received warnings about their property blocking the street or other violations. A few were detained for previous violations. One person was arrested for an outstanding felony warrant. Two people were transported to county mental health. Officers were also letting people know about the new bathrooms installed by the city in hopes of stopping the spread of Hepatitis A.  965

SAN DIEGO, Calif. (KGTV) - As restaurants learn to adapt and overcome in the era of new closures and regulations, not all are able to make it over the hurdle. Multiple San Diego staples have announced permanent closures, including The Balboa in Bankers Hill and Cafe on Park near Hillcrest.Andy Haenfler said he opened Cafe on Park 25 years ago and has devoted his life to this business.“I opened Thanksgiving weekend in 1995 to a line down the block and thought 'oh my goodness what have I done,'” said Haenfler.He said this past March, they closed their doors, thinking it was temporary, but they were never able to open them again.“We had just gotten a shipment of ,000 worth of product in so we gave it to the staff, the staff took it home and gave it away to their neighbors,” he said.Haenfler said he had hoped to stay open a few more years then retire and sell his restaurant to employees, but that goal is no longer possible. His message to the community now is to support local businesses so this doesn’t happen again.“It’s us little one-owner, one-shop places that the community really need to support,” he said.Nearby restaurant The Balboa has a similar fate. Owner Tom Logsdon said the business started years ago with him cooking at home then it grew into what it is known for now: a community spot with good burgers. “The type of business we had is really built around dining in, it’s built around community coming together,” said Logsdon.He said he did try to reopen, but the takeout burgers weren’t able to save the business the way regular customers who sit and have multiple drinks would.“Without people hanging out and having some drinks, it just wasn’t working,” he said.Logsdon said he’s permanently closing his Bankers Hill location but has a second location in Chula Vista, so he’ll be consolidating the business and focusing his effort on the one spot.“I’ve spent about a third of my life in that building. I’ve got a big attachment to the neighborhood and the community there but after three months of just losing money like crazy, the reality was we just couldn’t keep that going,” said Logsdon.Both Logsdon and Haenfler said this is the necessary decision right now, but once the industry recovers, they hope to reopen more restaurants and continue with their careers. 2304

San Diego will seek to invalidate its landmark pension law, a citizens' initiative 65 percent of voters approved in 2012.The City Council voted 6-3 Monday to go to court to invalidate 2012's Proposition B, which switched most new hires from a pension to a 401(k) style plan. The decision came after multiple courts ruled the city skipped a key step in the campaign. The courts said then-Mayor Jerry Sanders' involvement meant the city needed to meet and confer with unions, but didn't. The courts required the city to make employees whole plus a seven percent penalty, but didn't invalidate the law. The city will now to go to court along side its employee associations to get it off the books. "It's illogical for the city to believe that having broken the law in order to get Prop B into the charter that you should be allowed to keep it in there," said attorney Ann Smith, representing the Municipal Employees Association. Firefighter John Hernandez II said he's seen a number of his colleagues leave for other departments, which offer better benefits - namely a pension."In my line of work, we can't work as long as most people, and that's why we need pensions," he said. But Councilman Scott Sherman, who voted to protect Prop B, said ultimately going back to pensions could cripple the city. "Every single year we make a 0 million minimum payment on our pension debt from the old system that too us to that point, and now they're asking us to go right back to that system," he said.Sherman said it's low unemployment, not a lack of benefits, leading to the city's worker retention issues. Former City Councilman Carl DeMaio, a major proponent of Prop B, said he would seek to defend the measure in court. 1722

SAN DIEGO, Calif. (KGTV) - A third gender option will be available for California drivers licenses and ID’s starting in 2019. The law, SB 179, was signed by Governor Jerry Brown in October. It will allow people to apply for a ‘non-binary’ gender marker if they do not identify as either male or female. “For me, it was surprising to see this change,” said Al Johnson, a transgender activist and member of Trans Family Support Services. Johnson is non-binary and uses pronouns they/them. But with that surprise, came excitement. “Not only does it mean we’re being recognized by society and the people around us but were also being recognized by government entities as valid and real people,” they said. Johnson says they know people who plan on changing their gender to non-binary, but so far, they have not decided to do it on their own license. “I’ve definitely considered it, but in the end I don’t think I’m going to,” they said. “I just came out to my parents and in my personal life I’m trying to navigate that.” The DMV’s website is encouraging those who want to apply for the change to schedule an appointment as early as January 2, 2019. 1154

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