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SAN DIEGO (KGTV) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938

SAN DIEGO (KGTV) - As San Diego doctors sound the alarm on potential dangers of motorized scooters, some victims are now turning to personal injury lawyers.A woman walking downtown was recently hit by a scooter and left with ,000 in medical bills.Unfortunately, a personal injury attorney tells 10News in cases like this, victims will likely be on their own.RELATED: Mother, daughter seriously injured in scooter crash"The scooter operator is responsible for your injuries. Now, does that mean you’re going to be compensated for them? Probably not," said Mike Bomberger with Estey & Bomberger. "Most scooter operators don't have insurance to cover them for the operation of the scooter."While scooter riders must have a driver's license, they are not required to have insurance. Bomberger says it's also unlikely the scooter companies would be held liable in accidents.RELATED: Electric scooter rider injured in crash, cited for DUI“The waivers and disclaimers you sign are very, very detailed in favor of the company, almost under no circumstance can you go after company unless there’s a malfunction of the scooter itself," said Bomberger.While attorneys are advertising they can help scooter victims, Bomberger believes compensation will be few and far between.“We’ve gotten 10-12 calls and have only taken one case; they were hit by a car," said Bomberger.RELATED: Police crack down on scooter riders without helmetsDowntown resident Jonathan Freeman has been a staunch opponent of scooters coming to San Diego. His dog was hit and he's had close calls himself.“I have elderly neighbors; they tell me they don’t want to walk. If they’re hit by a scooter and break their hip, it’s a death sentence," said Freeman.He's called on the city to do more to hold people accountable for riding illegally on sidewalks and the promenade downtown.RELATED: Local emergency rooms report 'daily visits' for scooter injuriesDr. Jeff Sugar, an urgent care doctor with Sharp Rees-Stealy Medical Group, says they've seen a range of injuries from head lacerations and sprains to contusions and fractures. He says urgent care departments report daily visits by patients injured using electric scooters and rental bikes.Michael Sise, M.D., trauma surgeon and chief of staff of Scripps Mercy Hospital San Diego, said this: 2319

SAN DIEGO (KGTV) – Close to 100 people packed the Sherman Heights community center Friday night.Just about all of them were there to tell city officials to back off their plan to set up a homeless storage facility at Commercial and 20th Streets.The city says the plan is not finalized, but they are in negotiations with leasing the building. “We have a playground is about 15 feet from this building,” said Noel Bishop, the principal at Our Lady’s School. “The reality is it’s just an open invitation for people to come back to this community and start living on the streets again… having people in our neighborhood that might be drug users, not mentally stable.”Jonathan Herrera, senior advisor for homelessness for the city of San Diego, says the site is expected to similar to the one on 16th street. It will be a place for the homeless to store their belongings while they visit clinics, classes or go to job interviews.The city is promising to be a good neighbor, stressing the site will have security 24/7.  There will be loitering, drugs or alcohol allowed, and they will have regular waste pick-ups within a block radius.“We are currently looking at other facilities in beach communities, uptown, mid-city and southeastern San Diego to see if we can provide additional services in those areas as well,” Herrera said. He said there were a lot of concerns raised that they are taking into consideration, but the city plans to move forward in the process and bring the plan to the San Diego Housing Commission on March 9th.“The mayor highlighted that the time to develop universal consensus is over and that effort to develop consensus has caused us action, and that’s no longer tolerable,” Herrera added. 1733

SAN DIEGO (KGTV) — As the Padres take the field on Friday for their home opener against the Arizona Diamondbacks, fans will not be in the stands in the traditional sense.Instead, the Padres plan to deploy cut-outs of players' family members or loved ones, military members, and select fans to populate Petco Park's seats.During the season, fan cardboard cutouts will be placed in the Lexus Home Plate Club Seats behind home plate, according to the team. Every homestand will feature a different theme, starting with players' families and inspirational figures during opening weekend.RELATED: San Diego video game makers to help fill silence during MLB seasonPadres players and their families submitted photos, including pics of their pets, to be in their special cheer section. The team says 79 photos will be featured. Throughout the season, other themes will include Padres season ticket members, frontline workers, a celebration of Jackie Robinson Day, the 100th anniversary of the Negro League, military members, and first responders.Other chances for fans to get in the stands will be made available through Petco for a limited number of fans to be featured in the Barkyard by Petco section and through USAA for military members in the Military Appreciation Section (Section 325).RELATED: MLB playoffs expanded to 16 teams for 2020, reports sayThe cardboard cutout trend is being utilized more and more by teams during 2020's fanless season at ballparks amid the COVID-19 pandemic.One option has also been to feed in crowd noise. Sorrento Valley-based San Diego Studio, the creators of MLB The Show 20, were tasked with filling up the silence of the ballparks by calling on a large collection of real sounds for just about any play. 1745

SAN DIEGO (KGTV) -- As hospitals in San Diego County receive vaccines from Pfizer and Moderna, a new concern is surfacing in the United Kingdom.A new COVID variant is reportedly infecting people rapidly and may be 70% more contagious than COVID-19. The new variant reportedly caused over 60% of infections in London this month alone.But there is good news, according to UC San Diego infectious disease expert Dr. Robert Schooley."It doesn't seem to be any more difficult to neutralize and should be responsive to the vaccines we're using,” Schooley told ABC 10News.RELATED: Britain hit with several travel bans over new coronavirus strainEven though there's no evidence yet of the new variant being deadlier than COVID-19, many European countries aren't taking any chances. Some countries have canceled inbound flights from England."The one caveat is if this virus accelerates an epidemic and more people are infected around you, your chance of getting infected will be greater with new and old strains, and so this vaccine will have to work harder, and we'll have to get more people vaccinated to have same level of population protection,” Schooley said.While the U.S. has yet to announce travel bans involving the UK specifically, Schooley said restrictions would certainly help the spread of any virus amid a global pandemic. 1336