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SAN DIEGO (KGTV) -- California Highway Patrol has identified the man who died after slamming into a tree on the Sea World Drive on-ramp Saturday. CHP says 26-year-old Jacob Eugene Arnell was killed when the Cadillac Escalade he was driving at a high rate of speed overturned and hit a tree. The crash happened around 9 a.m. Saturday on the right shoulder of Sea World Drive. Arnell was pronounced dead at the scene. At this time, it’s unknown if drugs or alcohol were involved. The medical examiner’s toxicology report in pending, CHP says. Arnell was the only one inside the vehicle at the time of the crash. 618

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) -- At least six people were injured Thursday morning after a head-on crash in Dulzura.According to Cal Fire San Diego, the crash happened on state Route 94 near Otay Truck Trail at around 7:30 a.m.The circumstances surrounding the crash are still unclear, but Cal Fire says one person was taken to the hospital with major injuries, and five others had minor injuries.The condition of the person rushed to the hospital is unclear at this time. 468

SAN DIEGO (KGTV) — At age 41, Ryan Bartell had already achieved so much: He was a two-time all-state runner, served in the Coast Guard, and was helping autistic children alongside his wife. He also had a son of his own. “Ryan called me on March 1 of last year to say that he had been diagnosed with stage IV pancreatic cancer," remembers Jim Bartell, Ryan's father. The cancer was aggressive and chemotherapy wasn't working, Ryan was in a lot of pain. “They had him on morphine and fentanyl, two very serious opioids, and because of those two drugs he was asleep most of the time to deal with the pain," said Jim. Jim says that lasted for about four weeks until Ryan asked for cannabis. “He went from being asleep most of the time with fentanyl and morphine to being alert and being able to communicate, text, talk to friends, have visitors, while he was on the cannabis medicines."Jim says the cannabis gave Ryan a decent quality of life in his final weeks; he passed away seven weeks after the initial diagnosis. “While medical cannabis has been proven to help with reducing nausea, vomiting, and pain, hospitals in our state are expressly prohibited from providing it to patients," said State Senator Ben Hueso.Because of the Federal Drug-Free Workforce Act, hospitals have adopted policies prohibiting cannabis in their facilities. Hueso wants to change that with SB 305 or Ryan’s Law: Compassionate Access to Medical Cannabis in Healthcare Facilities Act.Healthcare facilities which treat terminally ill patients would be required to allow the use of medical cannabis, meaning patients could bring their product inside the hospital.The patient would be required to provide the facility with a copy of their medical marijuana card or recommendation by a physician.The bill excludes vaping or smoking but edibles, oils, topicals, etc. would be allowed. New York already has a similar law. “I felt something had to be done so that that didn’t happen to other people who wanted a higher quality of life near the end of their life," said Jim, who initiated the legislation. 2082

SAN DIEGO (KGTV) - As San Diego grapples with a homeless epidemic and rising rents, the city's housing supply remains a point of worry.According to the San Diego Housing Commission, the city twice the shortfall in housing than previously estimated. A 2017 report by the SDHC said the region could fall behind its goals by 50,000 units if housing supply followed the current production trend.By 2028, the organization estimated San Diego's housing needs would reach 150,000 to 200,000 units.RELATED: Under-utilized MTS land could be used for affordable housing, report saysThere is a silver lining, however. SDHC says San Diego has enough housing potential to meet its 10-year need if "all capacity sources are fully utilized," and could exceed that need by 30,000 units.Where are these potential sources of land? SDHC outlined them as follows: 876