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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) - Campaign ads against San Diego District Attorney Summer Stephan over a backlog of rape kits to be tested were recently pulled from television.More than a hundred people stood on the steps of San Diego's Hall of Justice, showing support for Stephan, as she blasted her opponent's television campaign ads. The ads were paid for by the Justice and Public Safety PAC, funded by billionaire financier George Soros."We need your help to get the word out, San Diego is not for sale!" Stephan said, flanked by several crime victims who shared their personal stories.RELATED: Billionaire backs candidate for San Diego District AttorneyThe ad in question is about rape kits not being tested. Stephan announced in April that her office is spending million for an out-of-state laboratory to test 1,000 rape kits to end a backlog.Stephan's opponent, Genevieve Jones-Wright, stands by the ads, saying she hopes they'll be updated with larger numbers."My reaction ... hopefully, they make it more accurate; not hundreds of backlogged rape kits," Jones-Wright said. "There are thousands still sitting on our shelves, collecting dust as a result of her failed leadership."It's not clear why the ads were pulled. 1249

SAN DIEGO (KGTV) -- California health officials have released new guidance Friday night increasing the limit on the number of households allowed to attend private outdoor gatherings. According to the California Department of Public Health website, the new guidance allows no more than three households to gather outdoors, including hosts and guests, and gatherings should be kept to two hours or less.The new guidance goes into effect in San Diego County on Saturday."Gatherings may occur in outdoor spaces that are covered by umbrellas, canopies, awnings, roofs, and other shade structures provided that at least three sides of the space (or 75%) are open to the outdoors," state health officials said.If the gathering is taking place at someone’s home, guests may use a bathroom inside the residence as long as they are frequently sanitized."The host should collect names of all attendees and contact information in case contact tracing is needed later," state health officials said.The new guidance comes with a reminder that "people at higher risk of severe illness or death from COVID-19 (such as older adults and people with chronic medical conditions) are strongly urged not to attend any gatherings.""Anyone with COVID-19-like symptoms should stay home. If you attend a gathering and develop COVID-19 symptoms within 48 hours of a gathering, you should notify everyone who was there," state health officials said.Attendees need to continue following safety guidance including keeping at least six feet apart from non-household members and wear face coverings."A gathering of no more than three households is permitted in a public park or other outdoor space, even if unrelated gatherings of other groups up to three households are also occurring in the same park or other outdoor space. If multiple such gatherings are occurring, mixing between group gatherings is not allowed. Additionally, multiple gatherings of three households cannot be jointly organized or coordinated to occur in the same public park or other outdoor space at the same time – this would constitute a gathering exceeding the permitted size," state health officials said.READ THE STATE'S NEW GUIDANCE BELOW:Mandatory Requirements for All GatheringsAll persons planning to host or participate in a private gathering, as defined above, must comply with the following requirements. Local health jurisdictions may be more restrictive than this guidance. Refer to your local guidance for what is allowed in your area.1. AttendanceGatherings that include more than 3 households are prohibited. This includes everyone present, including hosts and guests. Remember, the smaller the number of people, the safer.Keep the households that you interact with stable over time. By spending time with the same people, risk of transmission is reduced. Participating in multiple gatherings with different households or groups is strongly discouraged.The host should collect names of all attendees and contact information in case contact tracing is needed later.2. Gather OutdoorsGatherings that occur outdoors are significantly safer than indoor gatherings. All gatherings must be held outside. Attendees may go inside to use restrooms as long as the restrooms are frequently sanitized.Gatherings may occur in outdoor spaces that are covered by umbrellas, canopies, awnings, roofs, and other shade structures provided that at least three sides of the space (or 75%) are open to the outdoors.A gathering of no more than three households is permitted in a public park or other outdoor space, even if unrelated gatherings of other groups up to three households are also occurring in the same park or other outdoor space. If multiple such gatherings are occurring, mixing between group gatherings is not allowed. Additionally, multiple gatherings of three households cannot be jointly organized or coordinated to occur in the same public park or other outdoor space at the same time – this would constitute a gathering exceeding the permitted size.3. Don't Attend Gatherings If You Feel Sick or You Are in a High-Risk GroupAnyone with any COVID-19-like symptoms (fever, cough, shortness of breath, chills, night sweats, sore throat, nausea, vomiting, diarrhea, tiredness, muscle or body aches, headaches, confusion, or loss of sense of taste/smell), must stay home and not come into contact with anyone outside their household.Anyone who develops COVID-19 within 48 hours after attending a gathering should notify the other attendees as soon as possible regarding the potential exposure.People at higher risk of severe illness or death from COVID-19 (such as older adults and people with chronic medical conditions) are strongly urged not to attend any gatherings.4. Practice Physical Distancing and Hand Hygiene at GatheringsFor any gatherings permitted under this guidance, the space must be large enough so that everyone at a gathering can maintain at least a 6-foot physical distance from others (not including their own household) at all times.Seating must provide at least 6 feet of distance (in all directions—front-to-back and side-to-side) between different households.Everyone at a gathering should frequently wash their hands with soap and water, or use hand sanitizer if soap and water are not available. A place to wash hands or hand sanitizer must be available for participants to use.Shared items should not be used during a gathering. As much as possible, any food or beverages at outdoor gatherings must be in single-serve disposable containers. If providing single-serve containers is not possible, food and beverages must be served by a person who washes or sanitizes their hands frequently, and wears a face covering. Self-serve items from communal containers should not be used5. Wear a Face Covering to Keep COVID-19 from SpreadingWhen gathering, face coverings must be worn in accordance with the CDPH Guidance on the Use of Face Coverings (PDF), unless an exemption is applicable.People at gatherings may remove their face coverings briefly to eat or drink as long as they stay at least 6 feet away from everyone outside their own household, and put their face covering back on as soon as they are done with the activity.Face coverings can also be removed to meet urgent medical needs (for example, to use an asthma inhaler, take medication, or if feeling light-headed).6. Keep it shortGatherings should be two hours or less. The longer the duration, the risk of transmission increases.7. Rules for Singing, Chanting, and Shouting at Outdoor GatheringSinging, chanting, shouting, and physical exertion significantly increases the risk of COVID-19 transmission because these activities increase the release of respiratory droplets and fine aerosols into the air. Because of this, singing, chanting, and shouting are strongly discouraged, but if they occur, the following rules and recommendations apply:All people who are singing or chanting should wear a face covering at all times while singing or chanting, including anyone who is leading a song or chant. Because these activities pose a very high risk of COVID-19 transmission, face coverings are essential to reduce the spread of respiratory droplets and fine aerosols;People who are singing, shouting, chanting, or exercising are strongly encouraged to maintain physical distancing beyond 6 feet to further reduce risk.People who are singing or chanting are strongly encouraged to do so quietly (at or below the volume of a normal speaking voice). 7492

SAN DIEGO (KGTV) -- Caltrans is warning drivers that a portion of northbound SR-125 will close Sunday.According to Caltrans, northbound SR-125 will close from 7 a.m. to 7 p.m. between SR-905 and Birch Road.The north and southbound shoulder bike lane between SR-905 and Birch Road will also close between the same hours.According to Caltrans, the closure is for the testing of new technology, though the agency didn’t specify what technology it will be testing. 468

SAN DIEGO (KGTV) -- As rain continues to soak California, the state is almost entirely out of a drought. According to the U.S. Drought Monitor's most recent report out Thursday, the only part of the state still experiencing any form of drought is a portion of extreme Northern California. As seen in the image below, those counties are only in a "moderate drought," the lowest level in the rating system. RELATED: Devastating 'ARk' storm envisioned for California by U.S. Geological Survey 497