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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) - Chelsea Manning, a former Army intelligence analyst who provided classified information to Wikileaks, spoke Monday at San Diego State University.Manning was convicted in 2013 of stealing 750,000 pages of documents and videos relating to the wars in Iraq and Afghanistan.A judge convicted Manning - then known as Bradley Manning - on 20 counts, including violations of the Espionage Act.After the 2013 sentencing, the ex-intelligence agent changed her name to Chelsea Manning and became a transgender woman.During one of his final acts in office, President Barack Obama commuted Manning's 35-year sentence, giving her an early release date.RELATED: Chelsea Manning released after 7 years in prisonManning has since joined the lecture circuit. Her SDSU speech focused on national security and democracy, artificial intelligence and resistance, activism and protest, and the intersection of technology and people’s lives.The event started at 5 p.m. at the Parma Payne Goodall Alumni Center. It was sponsored by Love Library, Academic Affairs, the SDSU Provost’s Office, Institute of Ethics and Public Affairs, Political Science Department, Malas, the History Department and the Pride Center. 1230

SAN DIEGO (KGTV) -- Armed private security guards - and others with nonlethal ways to defend themselves - could soon patrol iconic San Diego locations like Balboa Park and the downtown Central Library.The city of San Diego is officially seeking proposals from security firms that would authorize armed or enhanced safety personnel outside more than 50 places, including community parks, skate parks, and library branches. The guards could either carry guns or non-lethal weapons, such as mace or hand restraints, depending on the arrangement. The city currently has very few armed guards - mostly stationed around public bathrooms downtown. RELATED: City may seek armed guards at Central Library, other parksA firm called Able Patrol and Guard patrols city parks and libraries, However, those guards are unarmed and essentially observe and report. The change comes after guards reported being threatened, spit on, and harassed, namely by a growing homeless population outside the Central Library. The city is now aiming to increase their ability to defend themselves. The details emerged under a new city request for proposals obtained by 10News. The document says guards are still required to defer to police unless the situation calls for self-defense.“Reasonable force is to be used only if Guards are physically threatened or if they feel another person’s safety is in jeopardy,” the document says. “If necessary, Guards are to call the San Diego Police for assistance.”RELATED: City of San Diego adds more armed guards to patrol downtown public restroomsThe document says guards who carry guns must have permanent licenses from the state of California and five years experience in the sector. They can also qualify with substitutes such as two years of military experience or two years as a police officer. "The City is releasing a comprehensive RFP that allows the City to potentially utilize a variety of security services should the need arise," city spokesman Tim Graham said in a statement. "The goal of the RFP is to provide the proper level of security for City facilities as determined by City departments."Graham said a San Diego Police expert reviewed the document for technical soundness. He said the police chief would always be notified in the event of armed security dispatched. The city is seeking responses by Sept. 7. Mayor Kevin Faulconer was not available for an interview. The San Diego Police Department and The San Diego Police Officers Association declined to comment.Click here for a list of proposed locations.  2629

SAN DIEGO (KGTV) - As the Valley Fire raged across parts of eastern San Diego County, emergency assistance workers put into action plans they'd been working on for months to handle the dual disaster of a wildfire during a pandemic."It completely changed our approach," says Red Cross Regional CEO Sean Mahoney.The Red Cross has been planning and training for months, knowing this situation would likely arise this fall.Mahoney says their plan included Temporary Evacuation Points instead of group shelters, hotel rooms for people who needed somewhere to stay, grab and go or delivery meals, and an emphasis on sanitation and health screenings to keep volunteers and evacuees safe."We planned for this as much as we possibly could, but exercise is just an exercise. Doing the real thing is where you have those real lessons learned," Mahoney says.During the Valley Fire, the Red Cross assisted 440 people in 174 families. They served around 9,000 meals and snacks.Mahoney says his staff's dedication, along with 107 volunteers who worked 12-hour shifts, helped things go smoothly.But not everything went according to plan. On the first night of evacuations, the Red Cross ran out of hotel rooms, especially for people who had pets. Some evacuees without RVs had to sleep in their cars.Mahoney says the busy Labor Day Weekend, combined with hotel capacity restrictions because of the coronavirus, leads to fewer available rooms.To make sure it doesn't happen again, Mahoney says the Red Cross is already working on backup plans to open limited group shelters, with social distancing put in place to keep people apart. He told 10News they've already scouted hundreds of locations around San Diego.Meanwhile, the San Diego Humane Society also put in new protocols for safety during the pandemic. They helped hundreds of animals during the Valley Fire, and say the most significant challenges were limiting contact with owners and making sure their field teams followed the rules about distancing and wearing masks."The more people you interact with, the more likely you are to come in contact with somebody who is transmitting coronavirus," says Lt. John Peaveler. "So, we've had our biggest safety precautions on that side."Both groups say they'll take all the Valley Fire experience and put it to use in the next disaster. Since wildfire season is just beginning, they're sure it will come in handy. 2405

SAN DIEGO (KGTV) - Baseball season is here and there's a way to celebrate without buying a ticket to the Padres game.The East Village Association is hosting its eighth annual Opening Day Block Party Friday and Saturday as the Padres host the Milwaukee Brewers at Petco Park.The free event will take place on J Street between 6th and 10th Avenues in East Village. The block party runs from 2 p.m. through 8 p.m. Friday and noon until 6:30 p.m. Saturday.Fans can enjoy games, food, beer and cocktails.  523