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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) -- Facing an alarming increase of COVID-19 cases, Governor Gavin Newsom is requiring every county in California to close indoor operations.The roll back targets restaurants, wineries, movie theaters, family entertainment, zoos, museums, and cardrooms."We are moving back into a modification mode of our stay-at-home order," Newsom said.San Diego County and 29 other counties on the state's monitoring lists are being directed to close indoor operations at fitness centers, worship services, offices for non-critical sections, personal care services, hair salons and barber shops and malls.State officials confirmed 8,358 new COVID-19 cases on Sunday. Hospitalizations have increased 28% over the past two weeks.6,485 Californians were hospitalized with coronavirus, according to Newsom.Three Northern California counties reported diminished ICU capacity -- Placer, Butte, and Lake."This virus is not going away anytime soon," Newsom said. "I hope all of us recognize that if we were still connected to some notion that somehow when it gets warm it's going to go away or somehow it's going to take summer months or weekends off, this virus has done neither. You've seen parts of the country with very hot ... weather where you're seeing an increase in positivity rates, an increase in hospitalizations and ICUs. Here in the state of California as we're seeing triple-digit weather in many parts of our state, we're still seeing an increase in the positivity rate, the community transmission. We're seeing an increase in the spread of the virus." 1569

SAN DIEGO (KGTV) -- From across the country to here in San Diego, there is no denying racial tensions between law enforcement and some communities. Locally, San Diego County has seen protests over officer-involved shootings and deaths of people in police custody. The 2016 shooting of Ugandan immigrant Alfred Olango sparked protests throughout El Cajon. Olango’s sister called 911 to report that her brother was displaying erratic behavior. Olango pulled something out of his pocket officers believed was a gun and, according to police, he assumed “what appeared to be a shooting stance.” Officer Richard Gonsalves fired his gun at least four times, killing Olango. Earlier this year, a jury in a separate civil suit found the officer acted reasonably.In National City, the death of Earl McNeil in 2018 sparked questions from his family and protests at city council meetings. McNeil, who had mental illness, went to the National City Police station seeking help, according to his family. Police said when he went to the station, he was making paranoid, threatening and irrational statements. Police say he told them he was in possession of a controlled substance. A statement from National City police said he was transported to County Jail for processing and exhibited signs of medical distress. According to his family, he suffered brain and nerve damage that led to his placement in a coma. He was pronounced dead June 11, 2018.Bishop Cornelius Bowser is a former gang member who grew up in San Diego. “I was up to no good every day,” he said. He turned his life around and is now a local activist, vocal about what he calls inequities in policing. That includes overpolicing, with more negative than positive interactions.“What I mean by being overpoliced is that the community is saturated with law enforcement. They’re looking specifically for specific people. When a black person, just by being black and young, that makes me a criminal. That makes me a threat,” Bowser said. He feels there is a lack of community policing, which is commonly defined as the use of partnerships and problem-solving techniques to proactively address concerns. “The culture has to be changed, the way [police] come into our community—they have to build those relationships. And they have to be here long enough,” Bowser said.The District Attorney's Office analyzed officer-involved shootings over the past 25 years. White officers make up more than 70 percent of those involved in these shootings. 2494

SAN DIEGO (KGTV) - Homeowners in Mission Hills say someone is back to shining a laser pointer into their homes after a several week hiatusNew video from over the weekend a shows someone pointing a laser into a family’s living room.The laser pointer appears to be coming from the same place as it was back in January when 10News first did the story.Daniel Wang lives in Mission Hills and says his living room turned a blueish green on Friday. “The kids were here so luckily they didn’t look directly at the beam,” said Wang, “that’s the only thing to worry about.”Neighbors have filed a police report, but not much progress has been made because the source of the laser appears to be from a common space in an apartment complex.Doctors say lasers can cause blindness and in some cases induce seizures for those who have epilepsy.Shining a laser into another person’s eyes in California is a misdemeanor with a penalty of up to 30 days in jail. 955

SAN DIEGO (KGTV) - During this LGBTQ Pride month, 10News is looking at the rainbow of leadership in San Diego. San Diego has more LGBTQ members in political office than you may realize. We met State Senate President Pro-Tem Toni Atkins at a coastal event for research on climate change. Atkins says it’s everyday attention to universal issues like this that further acceptance of openly gay leaders like her. Christine Kehoe was San Diego’s first openly gay politician. She was elected to the San Diego City Council in 1993 and went on to serve more than a decade in the State Assembly and Senate. “The fact is there are a lot of people who blazed trails to allow me to serve; to allow Toni Atkins, Jen Campbell, Georgette Gomez, Chris Ward….our cup really runneth over in San Diego." Assembly member Todd Gloria said no one should hide who they are. "I think I'm a better elected official because of who I am. I think more importantly, the people of San Diego want to know who their elected officials are." 1015

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