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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) - Dozens of San Diego short-term vacation rental hosts sounded off Wednesday against a bill that could limit how much they're able to rent out some of their properties on sites like Airbnb and VRBO.The hosts implored the California Coastal Commission to oppose the bill at its meeting on Shelter Island.The bill, by North County Assemblywoman Tasha Boerner Horvath, is specific to San Diego County's coastal zone and would sunset in five years. It would limit how much hosts can rent out their non-primary residences on sites like Airbnb and VRBO to 30 days a year. "I can't believe this has even come up as an actual bill," Airbnb host John Wilson told the commission.Hosts also said they are using the income to put their kids through college, and that their rentals provide families affordable, large accommodations near the coast, allowing visitors to avoid renting multiple hotel rooms and resort fees. But Boerner Horvath said the bill is needed because short-term rentals are adding to the region's housing supply crunch."When the upper level of housing stock is removed for short-term vacation rentals, the folks that would have actually lived there move down the market; they usually want to live in a certain area," she said. The bill passed the Assembly and is now scheduled for state Senate committee hearings. The legislation comes after an Airbnb-led signature drive essentially blocked restrictions the San Diego City Council approved in 2018. The commission heard 90 minutes of testimony, overwhelmingly opposed to the bill. Still, it remained neutral on the legislation. Boerner Horvath said the reason the testimony was so one-sided was because her bill's supporters were likely busy working day jobs. 1745

SAN DIEGO (KGTV) — Democrats have secured control of two of the most powerful agencies in our region - the city and the county.San Diego will soon have a democratic mayor and an 8 to 1 advantage on the City Council. Couple that with Democrats flipping the County Board of Supervisors after years of Republican control, and it appears a whole new philosophy is on the way."I've been waiting 20 years,” said Nicole Capretz, who heads the Climate Action Campaign. “This is, I mean, decades in the making.”Climate Action Campaign has fought the Republican-controlled Board of Supervisors for years over how it handles the environment, prevailing in court over the county's climate plan.“They've twice had to rescind their climate plan publicly, which is unprecedented,” Capretz said.Capretz said she expects things to change in January, when the board will flip to a 3-2 Democrat advantage. That is expected to shift how the county addresses key issues like the environment, public health, and housing - in other words, no more sprawling back country developments that many times wind up challenged in a public vote.“We have wasted so much energy and so much time debating things that were not legally valid and should not have been done,” said County Supervisor Nathan Fletcher.Meanwhile, over at City hall, the Democrats will expand their veto proof advantage on the city council from 6-3 to 8-1. Republican Chris Cate is now the lone member of the G.O.P. on the council. “I think there needs to be a better job of communicating what we're about here locally as San Diegans, and getting our message out about what we feel is the best role of government in providing services to residents,” Cate said.The city has more than twice as many registered Democrats as Republicans, according to the registrar.San Diego’s new mayor and city council will be sworn in this December.The new board of supervisors will take over in January. 1932
SAN DIEGO (KGTV) — First responders were called to a downtown San Diego intersection after a San Diego Sheriff's inmate transfer van and Tesla collided Wednesday.The crash was reported at Sixth Ave. and A St. just before 3 p.m. after the Tesla reportedly side-swiped the inmate van. There were 12 inmates on the van, plus to driver and a sheriff's deputy, according to San Diego Police.The inmates were evaluated by first responders on the van, but no one was transported to the hospital, police said. 509
SAN DIEGO (KGTV) -- For over a decade, SDSU associate professor of chemistry Gregory Holland has been researching spiders and particularly black widow’s silk.They’ve come to the realization, through their research, that the properties of black widow silk are stronger than steel and tougher than the Kevlar in bulletproof vests.Gregory Holland, SDSU associate professor of analytical chemistry and Northwestern chemistry professor Nathan Gianneschi said their collaboration shows the organization of the molecules involved in silk production is more complex than previously thought.There are companies that use synthetic spider silk but its the specific black widow spider silk that has the top tier benefits.“The synthetic spider silk its not a bad material, its just not as good as the real thing," Holland said.Holland says the company that creates synthetic silk actually has partnerships with Adidas and Patagonia. "The most important thing is a spider does it low energy, environmentally friendly. It’s just protein water and salt”.Once they reach the point where they’re able to identically replicate the silk of a black widow spider, the artificial version could be used in building materials for bridges or environmentally friendly replacements for plastic.Black widows (Latrodectus hesperus) spin a lightweight thread much stronger than that of other spider species, with draglines that can stretch an extra 25 percent of their length before snapping.The composition of the spun silk fibers was previously identified, but the structure of the proteins involved in producing them has been more of a mystery, now one step closer. 1650
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