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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) - Creating a future has its hurdles, and can be especially tricky for people facing poverty or with criminal backgrounds. A San Diego organization is making sure the future is within reach. “I was on probation… I had to go to sober living to get my life right,” said Anthony Johnson. Johnson is a recent graduate of Second Chance, an organization in Encanto that helps kids and adults who have criminal backgrounds or are facing poverty get back on the right track through their programs and job training. “They changed my life," said Johnson. Covering the walls of the classrooms at Second Chance are notes illustrate the hope and want students have for a better future. “Our mission statement starts with the word disrupt. If we can break the past now, then the future has a chance to come into that person’s life,” said Robert Coleman.Coleman is the President and CEO of Second Chance and has been helping people create a future where they can provide for themselves and their families. “Isn’t it better to have people in our community who have hope and have a sense of direction and career and housing and not a journey of crime? We give them a future, and we are actually making our community a safer place,” said Coleman.Coleman’s dedication to the people in Encanto and Southeast San Diego, along with the gratitude expressed by his students and colleagues, is why we have selected Robert Coleman as our 10News Leadership Award recipient. “Everyone has hope. Whatever their past has been, the future is a really great place to be,” said Coleman. 1579

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) -- COVID-19 outreach in the Latino community is getting a boost after San Diego County partnered with promotoras to help with contact tracing. Promotoras, which literally means promoters, are bilingual community health workers. The goal is to lower the high number of COVID-19 cases among Latinos in the county. Latinos and Hispanics make up almost 63% of COVID-19 cases in the county, but Latinos make up only 34% of the population.The promotoras are members of the communities where they will be working. The county announced the partnership at the beginning of August and now the promotoras are out in the community helping with contact tracing. The promotoras will work in underserved communities and Latino neighborhoods. ABC 10News spoke to two promotoras working with South Bay Community Services. They are getting ready to start on September 1st. In total, 17 promotoras with the organization will start on that day. They've all received hours of training and are certified contact tracers. The promotoras will have the task of reaching out to the close contacts of positive COVID-19 cases. The contact is made over the phone or via email and text and the promotoras will ask things about testing and if they're presenting any symptoms. The county's partnership also includes promotoras from San Diego State and will include promotoras that speak other languages like Tagalog and Arabic. 1421

SAN DIEGO (KGTV) - Crews battled flames from two house fires that sprang up overnight in San Diego.The first fire was reported in City Heights at about 3 a.m. Crews responded to a home in the 4000 block of 42nd Street engulfed in flames.One person made it out of the home safely and surrounding neighbors were temporarily evacuated as a precaution. Neighbors say the homeowner was not inside when the fire broke out. It took about 30 minutes to knock the fire down and no injuries were reported.San Diego Fire Department said Metro Arson Strike Team determined the fire was intentionally set. The blaze caused an estimated 0,000 in total damages.No arrests have been made.Fire crews also doused a fire in Encanto at an abandoned home near 66th St. and Madera St. The home's doors and windows were boarded up and transients frequented the property, according to fire crews.No injuries were reported in that fire as well. 955