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SAN DIEGO (KGTV) — From the confrontation in a Los Angeles Trader Joe's to a showdown in a San Diego Starbucks, there have been a lot of customers claiming businesses can't legally require them to wear a mask.Some customers even carry a card threatening fines and citing the Americans with Disabilities Act, or ADA. But there are three things to consider before making an ADA claim, according to lawyers.First, to bring a successful ADA lawsuit, attorneys say the person without a mask must truly have a disability. Businesses can ask if a person has a disability, but not much beyond that.RELATED: Confrontation over wearing a mask at Coronado coffee shop"You can't delve into someone's medical condition and ask them a bunch of questions," said attorney Colin Harrison. "I would not advise businesses to ask for any type of documentation."If the person says they have a disability, the ADA requires businesses to make reasonable accommodation. So what's reasonable?"A reasonable accommodation might be to ask the person to wear a face shield, which is about an inch and away and probably wouldn't restrict their ability to breathe," says attorney Steven Elia.RELATED: GoFundMe started for San Diego barista after woman posts about not wearing mask at StarbucksElia says other accommodations might include curbside pickup, but the ADA has limits: businesses don't have to fundamentally alter the way they operate."Customer says I don't want to wear a mask, I want you to deliver to my home. If the business doesn't already provide delivery service, that would be a major fundamental alteration of their business, one they would not be required to do," Harrison said.Both attorneys suggested businesses try to make accommodations first.RELATED: Feds warn of phony cards claiming face mask exemptionBut what happens if those accommodations won't work? There's a third component in the ADA: Subsection 36.208 allows businesses to turn disabled people away if they pose a direct threat to the health and safety of others."Someone not wearing a mask, they might think they're not infected, but they could be and pose a direct threat to spread the virus to many people," Elia said.The Equal Employment Opportunity Commission has said COVID-19 does constitute a direct threat, so our experts say the threat of a successful lawsuit in a case like this is low.That said, there's nothing stopping people from filing these lawsuits. There have been at least nine across the country. But businesses that win can pursue legal fees from the other party. 2548
SAN DIEGO (KGTV) -- Fire crews worked to put out large flames at a home on the 4400 block of Park Boulevard Friday night. A 10News viewer shared video showing flames engulfing the yard of the home in University Heights, dangerously close to the pet grooming business next door.He told 10News people in the area broke the windows of the business to get to dogs inside, worried that the fire might spread to the business. Shortly before 10 p.m. crews were able to put out the flames. San Diego Gas and Electric crews were also on scene to turn off a small gas leak. 624
SAN DIEGO (KGTV) -- Evidence left at a hit-and-run crash scene in Valencia Park could help police track down the driver responsible for the wreckage.At around 10:30 p.m. Sunday, San Diego police were called to a crash reported at Castana Street and San Jacinto Drive involving a fire hydrant.Officers arrived to find a sheared hydrant with a geyser spewing water about 50 feet in the air.While the vehicle in the crash was gone when officers got the scene, police found a bumper with a license plate that could help in the investigation. 545
SAN DIEGO (KGTV) - Flu cases have more than doubled in San Diego County than this time last year, health officials reported Wednesday. Six hundred patients have been diagnosed with influenza so far this flu season, according to the San Diego County Health and Human Services (HHS) Agency. The number of cases soared last week, with 139 people diagnosed with the flu. During the same week last year, 57 flu cases were reported. Three people have died from the flu in San Diego County this season.RELATED: Third patient dies of flu this season in San Diego“Given the numbers that we’re seeing, it’s evident that more San Diegans are getting sick,” said Wilma Wooten, M.D., M.P.H., County public health officer. “And with the holidays upon us, those figures are likely to continue to increase since people will be out and about in large groups.” HHS officials urge San Diegans to receive a flu vaccine. The immunization is especially critical for the elderly, young children, pregnant women and people with compromised immune systems. To find a location for immunization, click here.RELATED: Want to reduce your child's sick days? Hand sanitizer is better than hand washing, study says 1190
SAN DIEGO (KGTV) — FBI investigators are searching for a yellow Chevrolet Camaro in connection with an incident at a local park in May.Investigators say the individuals associated with the vehicle may have been a witness to the incident on May 31, 2020, at Kenmore Terrace Mini Park. The FBI did not elaborate on the incident.The Camaro is described as a two-door coupe with bright yellow paint and is believed to be a fifth-generation model year (2010-2015). In contrast to the yellow paint on the body of the Camaro, the hood, trunk, and spoiler are black. The vehicle also has a sunroof. Investigators added that there are several specific features, including the appearance of body damage to the driver’s side rear panel; and the driver’s side mirror is yellow while the passenger side mirror is black.Anyone with information is asked to call the San Diego FBI at 1-800-CALL FBI or 858-320-1800. 907