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SAN DIEGO (KGTV) -- As drugmakers race to develop a vaccine against the coronavirus, several legal questions are emerging: could the government require people to get it? Could people who refuse to roll up their sleeves get banned from stores or lose their jobs?The short answer is yes, according to Dov Fox, a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego.“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”Fox noted authorities in the United States have never attempted to jail people for refusing to vaccinate, but other countries like France have adopted the aggressive tactic.The legal precedent dates back to 1905. In a landmark U.S. Supreme Court case, Jacobson v. Massachusetts, the court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.That case formed the legal basis for vaccine requirements at schools, and has been upheld in subsequent decisions.“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.In 2019, New York City passed an ordinance that fined people who refused a measles vaccination.That said, recent protests over face coverings show there could be significant backlash to a vaccine mandate, Fox said. Just because states have the power to do it, doesn’t mean it’s the best public policy, he added.Although states would have the authority to mandate vaccinations, there’s more doubt about whether Congress could enact a federal requirement.The most likely federal vaccination requirement would come in the form of a tax penalty, but Fox said given the current composition of the Supreme Court, a federal vaccine requirement would likely be found unconstitutional.Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.That means the U.S. could have a patchwork of different vaccine requirements in different states.States that explore a vaccine requirement should only do so if the vaccine is widely and readily available, Fox said.“Otherwise you create an underclass of people who are less safe and without access to the basic means of society,” he said.States would need to allow exemptions for people with legitimate medical risks, like pregnancy, but not exemptions on religious or philosophical grounds, he said.“Religious exemptions are not constitutionally required by the First Amendment’s Free Exercise clause, provided that the vaccine mandates don’t single out religion; they’re not motivated by a desire to interfere with it,” he said.In the workplace, private employers would have a lot of flexibility to require vaccinations and fire workers who refuse them for anything but legitimate medical concerns.As long as employers show there are significant costs associated with having unvaccinated workers, they would not need to offer religious exemptions to employees, Fox said.Under the 1964 Civil Rights Act, employers are not required to accommodate religious employees if doing so would pose more than a “de minimis,” or minimal cost. 3561

SAN DIEGO (KGTV) — Chris Cate may soon feel like the loneliest politician in San Diego.Come December, he'll likely be the only Republican on the otherwise Democratic San Diego City Council. That’s because it appears Democrats will secure an 8-1 advantage on the City Council, based on returns from Tuesday’s election.“We'll have to figure out a new path going into election two years from now and another election two years after that,” Cate said.Cate is a San Diego native who represents the city's North Central areas. The jobs are technically nonpartisan, but divides do show when it comes to key votes on housing development, city contracting, and public safety. Cate says he won't be shy.“And really try to ensure that we as a government are mindful of the fact that we rely on taxpayer dollars to provide those resources, and not try to go back to the well multiple times to increase fees or taxes,” Cate said.Cate describes himself as a fiscal conservative and social moderate. He joined the council in 2014, when Democrats had a 5-4 advantage over Republicans. Democrat registration has exploded since then, with some politicians abandoning the Republican Party.Termed out Councilman Mark Kersey is now an independent, and State Assemblyman Brian Maienschein flipped to a democrat.But Cate says he'll never leave the party.“Absolutely not… 100%, no,” he said.Being the lone Republican on the council could also raise Cate’s political profile. For instance, many times he'd be the only alternative viewpoint for journalists to ask for comment. Cate said, however, that he's not seeking higher office. He terms out in 2022.Cate said more than 90% of the issues the council takes up are nonpartisan. He added he has known leading Democratic mayoral candidate Todd Gloria for years and finds him to be a person of integrity. 1836

SAN DIEGO (KGTV) - At the end of the week, many federal government employees may find themselves in a financial bind as they arrive at their first pay period of the shutdown without a paycheck. Enrique, a federal contractor who did not want to use his last name, created a GoFundMe campaign to cope with the lack of funds. He asked for ,000 to cover his salary gap, posting a picture of his family to encourage donations. “This shutdown really affects me because once the shutdown ends I will not get back pay as a contractor,” Enrique said. Christian Rodriquez is a corrections officer at Metropolitan Correctional Center detention facility in downtown San Diego. His work is deemed essential, so he is working without pay."I'm going to have to borrow from family and friends to pay my mortgage, or get a loan," said Rodriguez.Some institutions, including Navy Federal Credit Union (NFCU), are offering no-interest loans to help workers through the crisis. Other banks, including Chase and Wells Fargo, encouraged affected customers to reach out for assistance.While some loans may have fair terms, government employees are warned to beware of so-called predatory lenders during the shutdown. The California Department of Business Oversight (CDBO) has established guidelines to protect borrowers from illegal and improper lending practices. The agency is warning government workers against excessively high fees and commissions, high interest rates, high-cost credit insurance, and refinancing with higher fees, known as “loan flipping”. CDBO experts have tips for anyone seeking a loan.Shop around: Compare interest rates and total costs of loans by several banks and credit unionsUse caution: Be wary of lenders who contact you first, or offers “only good for a short time”Ask questions: You have a legal right to know the total cost of the loan, the APR, monthly payments, and how long you have to pay it backThink before you sign: Make sure you understand all documents, and consider having someone else check them 2031

SAN DIEGO (KGTV) - Crowds have been sparse at Balboa Park since the start of the coronavirus pandemic, but that doesn't mean the park hasn't been busy."The change in Balboa Park is evident. The change in Balboa Park is important," says Peter Comiskey, the Executive Director of the Balboa Park Cultural Partnership.Comiskey says nearly every museum in the park has used the unexpected downtime to refresh their exhibits or renovate their facility. That includes large-scale renovations at the Timken and Mingei Museums."While they've been closed, they've been taking advantage of, in some cases, completely removing all of their pieces and reworking their entire buildings," says Comiskey.RELATED: Observation Wheel could bring people back to the parkBut it's not just museums. The 100-year old carousel is getting refurbished. Crews are almost finished building an observation deck around the Morton Bay Fig Tree. Five new cottages in the International Village are about to open up, housing 9 new cultural groups. And the City of San Diego is finally doing a lot of deferred maintenance on water and sewer lines.RELATED: Carousel work continues through PandemicThe biggest difference and the biggest projects are underway in the park's South Palisades area. Work is almost complete on a brand new pedestrian plaza, replacing half of the parking lot in front of the Air and Space Museum.RELATED: City to replace 144 parking spaces with plazaNext to the plaza, the Comic-Con Museum still plans a grand opening in the summer of 2021 in the building that used to be the Hall of Champions.And the Save Starlight group just revealed new plans for a complete overhaul of the Starlight Bowl theater, which has been closed since 2010."The placement of the museum in that area couldn't have been any better," says Melissa Peterman, the VP of Development for the Comic-Con Museum. "We want to do our part to help elevate the Palisades and revitalize it in the way that Plaza de Panama was."The pandemic allowed the Comic-Con Museum to get a head start on their online offerings, while still working on building renovations and exhibit planning.The Starlight plans show new terraced lawn seating, nature gardens, walking trails, and smaller stages surrounding the main bowl.Save Starlight President Steve Stopper says work is already underway on some of the smaller parts of the renovation, so they can build excitement over the coming months."It creates a window for people to get behind the idea," he says. "They can see this is really viable for the future."Stopper says it's an exciting time to be around the park, as it adds more gems to the Crown Jewel of San Diego. 2669

SAN DIEGO (KGTV) -- Callum Wagner rose up among the capacity crowd inside a University City ballroom Monday. He took the stage in front of hundreds, as they gave him a standing ovation."My mom keeps saying it's a big deal," said Callum, 12. "I don't like to talk about it."Callum's mom, Beverly Wagner, says she wouldn't be alive today if not for her son. That's why on Monday, Callum was one of three children honored as 2020 local 9-1-1 for kids heroes. It was July 1, 2019. Beverly had just got out of the jacuzzi in their Alpine home when she said she was feeling ill. Moments later, she was unconscious, suffering cardiac arrest. Callum was the oldest other person home at the time. He called 9-1-1, and Heartland Dispatcher Kim Gonzales picked up. "All I remember hearing him say was, his mom is dead, and at that point, it's go time," Gonzales said. For the next eight minutes waiting for first responders, Gonzalez instructed a desperate Callum how to deliver C.P.R. "She's not breathing," Callum told her on the phone call."It's OK, keep doing 1, 2, 3, 4. 1, 2, 3, 4," Gonzales responded. It was Callum's first time delivering C.P.R. He did it so well that Beverly made a full recovery, with no brain damage. "He did a great job because he broke my ribs, and that kept me alive," Beverly said. "They said that's a good sign of CPR."Beverly says Callum deserves all the accolades. During the 9-1-1 call, Callum told Gonzales that his mom was going to die. That's when Gonzales replied, "Listen you're going to be your mom's hero. We're going to help her, OK?" 1575

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