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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) – Gun control activists filled Balboa Park Thursday, demanding gun control for the safety of students.Wendy Wheatcroft, the director of "Moms Demand Action for Gun Sense In America, says the event was in response to the school shooting in Parkland, Florida.  As a mother of three, she was horrified.“I want to be able to do everything in my power to make sure they grow up in a safe environment,” Wheatcroft said.RELATED: Victims of Parkland shootingWheatcroft says California has some of the toughest gun laws in the country and should be the model for the federal level.“In California, we have a gun law called the gun violence restraining order and this allows people to remove weapons from someone they deem to be a threat to themselves or others,” she said.  “If they had this law in Florida, they could have prevented this from happening.”RELATED: Vigil held for Parkland shooting victimsJim Miller is with the San Diego Gun Owner’s Political Action Committee. He told 10News - no gun law could have stopped the attack on Marjory Stoneman Douglas High School.Miller thinks the breakdown is in the mental health system.RELATED: FBI warned about alleged Parkland shooter nearly five months ago“If an individual can pass a background check because they’re mental health wasn’t diagnosed previously and not in a data base, that’s a problem,” Miller said.He also believes schools should take a closer look at security.  He thinks every campus should be protected by men and women with guns- either officers or trained staff.“A gun free zone is just an attraction," Miller said. "And a magnet for people who want do bad things." 1683

SAN DIEGO (KGTV) — Five of California's 10 largest fires ever are still burning.The largest of the state's wildfires, the August Complex fire, is now California's largest wildfire on record, burning 471,185 acres since Aug. 17. The blaze began as 37 different fires before each merged into the massive group.According to CAL FIRE, its list of the 10 largest wildfires in state history (as of Sept. 10, 2020) includes:August Complex: 471,185 acres (August 2020; 24% contained)Mendocino Complex: 459,123 acres (July 2018)SCU Lightning Complex: 396,624 acres (August 2020; 97% contained)LNU Lightning Complex: 363,220 acres (August 2020; 94% contained)Thomas Fire: 281,893 acres (December 2017)Cedar Fire: 273,246 acres (October 2003)Rush Fire: 271,911 acres (August 2012)Rim Fire: 257,314 acres (August 2013)Elkhorn Fire (SHF Elkhorn Lightning Fires): 255,309 acres (August 2020; 27% contained)North Complex: 252,163 acres (August 2020; 23% contained)The state's 17th largest wildfire in history, the Creek Fire, is also still burning in Fresno and Madera Counties. It has burned 175,893 acres since it ignited on Sept. 4 and is 0% contained. 1148

SAN DIEGO (KGTV) -- Flu-related deaths rose to 11 in San Diego County over the last week, according to the County Health and Human Services Agency. The agency reports that the latest flu death was a 51-year-old woman from North County who died on December 31. She had underlying medical conditions, health officials confirm. To date, 11 people have died locally from the flu this season – the same number as this time last year. The number of lab confirmed cases also jumped last week to over 1,600, 260 more than the previous week. “Given the high number of cases, influenza activity in the region continues to be widespread, just like it is in other parts of the nation,” said Wilma Wooten, M.D., M.P.H., County public health officer. “The best protection against the flu is getting vaccinated. This year’s flu vaccine matches the viruses circulating this season.”So far this season, there have been more than 5,400 lab-confirmed cases of the flu. Last season, there were a little over 2,130. 1003

SAN DIEGO (KGTV) - Frustrated business owners are speaking out after a rash of break-ins at local wineries and breweries.Lisa Miller, the co-owner of Koi Zen Cellars in Carmen Mountain Ranch, says her heart sank after she arrived at her winery one morning a few weeks ago."The plant was move to the side and the window was completely shattered. My heart started pounding. I got very anxious," said Miller.Inside, she tasted more anxiety. Police believe the intruder was looking for the cash register, something Miller doesn't have. Instead, the burglar grabbed 40 pieces of consignment jewelry valued at more than ,000."When the detective arrived, he said this has been happening in other wineries and breweries in the area," said Miler.Longship Brewery in Mira Mesa in early April: surveillance video shows a person in a hoodie breaking a window, then crawling through the window. Two days later at the Black Plague Brewery in Oceanside, an intruder wearing a mask and hoodie kicked through a window, slipped in and raced right for the cash drawer, before leaving and driving off in a white Jeep Patriot. Detectives told Miller some 18 breweries and wineries targeted in the past few months. "This makes me really sad, mom-and-pop places put their heart and soul into their business no matter what their business is. It's extra expenses and extra violation," said Miller.Miller believes the thief is targeting wineries and breweries because they're located in business parks, which have less foot traffic.Anyone with information on the cases is asked to call Crimestoppers at 888-580-8477. 1600