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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) — High school athletes across San Diego County are waiting to find out if they’ll have a season this fall.The decision from California Interscholastic Federation is expected to come by July 20.In the meantime, some school districts, like Sweetwater Union High School District, have canceled summer workouts out of concern about the pandemic. Others, like Poway Unified and Grossmont Union, are allowing them with social distancing measures and new liability waivers specific to COVID-19.The CIF does not oversee summer practices, said San Diego Section President Joe Heinz, meaning it’s up to districts to decide whether to allow activities on their athletics fields and how to safely manage them.RELATED: CIAA, SIAC suspend fall sports, championship events due to COVID-19PUSD began allowing summer workouts for football, soccer, field hockey, and other sports in mid-June, after the district created its own set of safety measures from county, state, and other guidelines."We feel pretty comfortable about what it is that we’re doing," said Rancho Bernardo Athletic Director Peggy Brose. "So far so good."Teams have staggered practice times and specific entry points to avoid crossover, she said.Upon arrival to campus, staff check each athlete’s temperature and screen them for symptoms. Each athlete must bring hand sanitizer and their own water bottle. Players are required to wear masks until they reach designated areas.RELATED: California CCAA moving all sports to the springOn the field, students are kept in the same groups of 12 or less each day. For football, players are grouped by position. Summer football workouts are focused on strength and conditioning; contact and pads are already not allowed.Other safety measures vary by sport. In basketball and field hockey, for example, athletes have their own ball assigned to them to avoid sharing, Brose said.Although she acknowledged the school cannot entirely eliminate the risk of transmission, she said supervised activities at school may be inherently safer than unsupervised ones.“We can control them when we have them,” said Brose. “What we can’t control is what they do on their own.”Mt. Carmel High School Football Coach John Anderson said the response from parents in his program has been clear.RELATED: Big Ten Conference limits fall sports to conference-only matches, athletic scholarships still honored“We have 20 more kids this summer than last summer,” he said. “So parents are really encouraging their kids to come out and play.”But not all. 10News spoke with a Poway Unified parent who kept his son out of summer athletics out of concern about the virus.“How can they not be infecting one another?” he said.The parent, who asked to have his name withheld from the story, provided photos of a workout on a football field with what he considered poor social distancing.“While they’re doing the calisthenics in warmups they are trying to keep six feet apart, they observe the distancing,” he said. “But when they’re running, they start bunching up.”The parent said he is a strong supporter of high school sports, but said the risk of transmission, particularly when athletes are breathing heavily, is too great.“COVID has been hard on everyone, particularly young people, but the good of the community should come first,” he added.He was concerned after Poway Unified required parents to sign a new waiver, releasing the school from all claims related to COVID-19 and acknowledging that participation in summer workouts could lead to transmission of the virus that could spread to an athlete’s parents or family members, potentially causing death.Grossmont Union High School District also added a mention of COVID-19 in its liability waiver.“Will the younger people die? Probably not,” said the parent. “But they’re going to go back and continue to spread it to their parents and grandparents who are at greater risk.”That risk has prompted other districts, like the Sweetwater Union High School District, to ban summer practices entirely.“We continue to be very concerned about the increases of cases in our communities, at a rate significantly higher than in other communities within the county,” Chief Compliance Officer Vernon Moore wrote in a letter to parents.Citing updated guidance from the state, Orange County banned all youth sports practices as of this week, but for now, San Diego County says it will allow them.“I think it can’t do enough for their mental health, their self-esteem,” said Coach Anderson. “Being cooped up in their houses for the last few months, to get out, run around and be active is really beneficial to their mind and body.” 4659

SAN DIEGO (KGTV) - Hundreds of people rallied outside of the County Administration Building Monday and called for the reopening of San Diego County businesses.The rally was held as new coronavirus-related restrictions took effect across the county over the weekend, forcing businesses and entities like restaurants, gyms, and churches to shutdown their indoor operations.“Some of us are in danger of losing our homes. We’re definitely in danger of losing our businesses. And we just had enough; enough is enough,” said Laura Crivello, a business owner that attended the rally.Many business owners also shared their personal stories and how the restrictions have crippled their businesses and livelihoods. They were joined by the County Supervisor Jim Desmond and the mayors of El Cajon and Coronado. All three expressed their support for business owners.“This is a very important moment for San Diego County and California. And it’s not really a choice between opening businesses and saving lives, and we can do both, we can do both at the same time,” Desmond said.“The museums, the churches, the restaurants, the gyms should all be allowed to reopen in the capacity they had last week,” he added. 1205

SAN DIEGO (KGTV) -- Defense Secretary James Mattis has signed the extension of troops at the border, a defense official confirmed to ABC News. The extension was requested by the Department of Homeland Security after hundreds of migrants rushed the San Ysidro Port of Entry in a show of force. The move means the troops will be extended through January 31. Two officials told ABC News it’s unclear how many of the 5,600 troops currently at the border will be extended. The source also said there will be a flow-in of new forces as other units flow out because their specialties are no longer needed. Engineering units were named as one of the specialties no longer needed at the southern border. Related StoriesPoll: People having mixed feelings about current border issuesConvicted murderer caught crossing border near San YsidroCaravan marches toward US border in show of force 886

SAN DIEGO (KGTV) - Hawaii recently passed a ban on sunscreens containing certain chemicals deemed harmful to their coral reefs.With more than 70 miles of coastline in San Diego County, the question of whether a similar ban could affect our region has been brought to light.The chemicals in question are oxybenzone or octinoxate, both of which are found in many commonly purchased sunscreens.RELATED: What ingredients to avoid, look for in reef-safe sunscreensA study by the Haereticus Environmental Laboratory found the chemicals seep into young coral and lead to coral bleaching, which occurs when an increase in sea temperatures kills the algae that grow inside coral, turning reefs white. This eliminates other nutrients that sustain marine life.Researchers say 14,000 tons of sunscreen lotion gets into reefs around the world every year.We asked our 10News Facebook fans how they would feel about a similar ban in California. At press time, 81 percent said they would support similar legislation in our state:When asked for comment regarding a similar California ban, the Governor's Office told 10News they do not comment on any potential legislation and there is currently no bill in the works.While San Diego doesn't have a robust coral ecosystem, the region is home to scenic coastlines that draw tourists from all over the world and off-shore fishing that fisherman enjoy just the same.RELATED: Hawaii moves to ban certain sunscreens to save coral reefs"The physical block more hitting and going away, the more chemical blockers are causing a chemical reaction," Mark Vierra, a dermatologist in Rancho Bernardo, told 10News. "You think about the old surfer with the white on the nose, people didn't always love that but now they're micronized, so I have a physical block on now and it doesn't look totally white."There are no studies on how sunscreens affect San Diego's coastline, which is home more to kelp forests than coral reefs. For now, Vierra suggests picking one and sticking with it."I always want patients to pick one that they like and they'll use consistently and reapply," Vierra said. "That's probably more important than which individual one you pick." 2214