County supervisors consider legal action as San Diego faces more state virus restrictions

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SAN DIEGO – San Diego County’s Board of Supervisors met with legal counsel behind closed doors Thursday to discuss options should the county soon find itself in a more restrictive state tier which would force some industries to close indoors.

The meeting comes just a day after the board formally requested the state remove San Diego State University and other local colleges from the county’s coronavirus case totals, a plea which was flatly rejected by Gov. Gavin Newsom.

Although officials declined to comment on the substance of closed session discussions, one potential option would be to seek legal action against the state, a county official confirmed to FOX 5.

But following the two-hour meeting, Supervisor Nathan Fletcher released a statement which reads, in part, “I believe we should be fighting COVID-19 and not the state of California.”

The board will meet again in closed session at 5 p.m. Monday.

As of Thursday, the county’s virus case rate stood at 7.9 per 100,000 population, according to data released by local public health officials. If the rate remains that high next week, San Diego County drops back into the state’s purple tier, a more restrictive level which could force some businesses such as restaurants, churches, gyms and others to close down indoors.

Gym owners Thursday in La Mesa said closing down was not an ideal option.

“We can never close this place again,” said Hannibal Smith, co-owner of La Mesa-based NXPT Fitness.

The gym recently hired its employees back after indoor operations were allowed to resume Aug. 31, Smith said. Although NXPT is continuing to offer outdoor fitness classes at its Mission Bay location at the Dana on Mission Bay, they can’t afford to close other locations in La Mesa and Kearny Mesa.

“People are losing their jobs, people are getting sick,” he said. “People are losing family members and we want to be that one consistent thing that stays open no matter what. We’re not trying to take a political stance. We’re trying to take care of our families.

“We’re trying to take care of our community.”

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