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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) -- 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) - Anyone touched by Alzheimer's knows how painful the disease is. "It's affected my family. It's affected most families. It's such a prevalent disease. As people get older, it becomes quite likely this will become an issue," said Paul Aisen, director of USC's Alzheimer's Therapeutic Research Clinic (ACTC).Aisen's team began their research in San Diego many years ago and teamed up with USC about four years ago. He's spent over 30 years trying to solve Alzheimer's mysteries and is leading the upcoming clinical trial.Aisen says the large-scale study is the culmination of decades of work from scientists worldwide."Our focus lately has been trying to alter the disease, prevent it, or significantly slow its progression. How should we do that? We think attacking amyloid early is the most promising approach," said Aisen. Researchers believe sticky amyloid deposits, which form on the brain later in life, start the Alzheimer's process. Aging, genetics, and lifestyle factors can all contribute to amyloid build-up.The worldwide clinical trial aims to target amyloid. A drug called BAN2401 will be delivered intravenously, designed to bind to the sticky amyloid. The binding neutralizes beta amyloid and helps "tag" it, so the immune system can recognize it and clear it from the brain. A previous phase 2 study showed that BAN2401 removes brain amyloid and possibly slows cognitive decline.They're seeking participants over 50 who are not yet showing symptoms of Alzheimer's but do have elevated amounts of amyloid on their brain. Researchers can determine that through a PET scan or spinal tap. "We think that the most promising approach of all is to take a vigorous attack on amyloid while the brain is still functioning normally. And we can see amyloid in people many years before they develop the symptoms of Alzheimer's."Investigators hope that by treating a patient with BAN2401 very early in the disease, before symptoms occur, it will significantly slow disease progression. "If we're successful, it will have a huge impact on human health," said Aisen. There will be 100 sites worldwide for the study, including major cities like San Diego and Los Angeles. Study participants will receive treatment for four years, given either the drug or a placebo. Results are expected in seven years, Aisen says. If you or a loved one wants to participate, learn more here.Screening will officially begin in May. 2438

SAN DIEGO (KGTV) - Californians associate “The Big One” with a devastating earthquake, but U.S. Geological Survey experts say a potentially larger threat could hit the state in the form of an “ARkStorm.”SPECIAL REPORT: Complete coverage of California's winter stormsExperts from every scientific field related to a potentially disastrous weather event gathered in 2010 to create the ARkStorm Scenario report for the USGS, imagining aspects of flooding of biblical proportions reaching the Western United States.“These storms do pose a real risk to California, in some ways far greater than that of earthquakes,” experts said in the study.The ARkStorm Scenario report reads like a Hollywood post-apocalyptic film script. Weeks of rain and snow are followed by catastrophic floods, landslides, and property and infrastructure damage which would cripple California’s economy.While the name “ARk” brings to mind a lifeboat scenario, ARkStorm project manager Dale Cox and chief scientist Lucile Jones coined the abbreviation to represent “atmospheric river.” A common term for meteorologists, these rivers in the sky work like highways for water vapor which comes to a screeching halt when it reaches land.A typical atmospheric river is the Pineapple Express, which pushes moisture from the tropics to the West Coast. It was a Pineapple Express that reached San Diego on Valentine’s Day, bringing warmer rain and lower snow levels, according to National Weather Service meteorologist Alexander Tardy.RELATED: Mega storm could cause billions in damage to California, report showsModels in the ARkStorm report show multiple areas of submergence in central San Diego. Mission Beach, which routinely sees flooding during heavy rain, is underwater in the ARkStorm scenario. Fiesta Island, ordinarily dry, disappears under Mission Bay.West-facing beaches, including those near Highway 1 in North San Diego County, are covered in water. Imperial Beach fares no better in its known run-off spots.“You have this outflow then you have the storm pushing in; it dams up,” says Cox of the coastal flooding impact.RELATED: How to check if your neighborhood is at risk of floodingTiming is critical in the creation of an ARkStorm. The same amount of precipitation predicted in the ARkStorm Scenario fell in 2017, says Cox. What made the difference in the impact, he says, is that the rain fell in 80 days instead of the 23 days imagined in the report.The West Coast will get notice, but not much, Tardy says. The most reliable models could give Californians a three-week warning for heavy rain.“We’re going to see it coming, but not where we can build a new levee,” Tardy said.RELATED: How San Diego's flooding compares to FEMA's historical hazard mapThe timing of the next ARkStorm is uncertain.“It could be next year, or it could be 120 years from now,” said Tardy.San Diego has seen significant rainfall in the 2018-2019 season, but few storms in recent years can compare with the potential disaster envisioned in ARkStorm.RELATED: Photos: Flooding catches San Diego by surprise“How do we help people understand it can get bigger than what they remember,” Jones said. “We prepare for the ones that we remember.”To create the report, experts accessed information from the records of Spanish ships off the coast of San Francisco in the 1600s. Other data were collected from tree rings, and newspaper reports from Sacramento in 1861 and 1862, the years an epic storm submerged California’s Central Valley past the level of telephone poles.As severe as it may seem, the ARkStorm Scenario is not the worst case scenario, said Jones.“If it has happened, it can happen again. And it probably will happen again.” 3695

SAN DIEGO (KGTV) - California energy officials are again urging customers to conserve energy as a summer heatwave continues.San Diego Gas and Electric said Sunday that for the second night in a row, San Diegans avoided rotating outages thanks to conservation efforts.The company warned earlier in the day that outages may occur as temperatures spiked.RELATED: Check today's forecast in your areaA flex alert is still in effect Monday from 3 to 9 p.m. as the California Independent System Operator pleads with Californians to use less power.An excessive heat warning remains in effect through 8 p.m. for San Diego County’s valleys, mountains, and deserts Monday. 669