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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) -- Authorities are searching for a felony traffic violator in Mission Valley who drove onto trolley tracks while fleeing from police during a chase Sunday morning. Police say officers tried to pull over a vehicle on Hotel Circle shortly before 9 a.m. because the vehicle didn’t have a front license plate.During the chase, the suspect failed to stop and ran several lights at high speeds. Police also say the driver drove the wrong way during the pursuit. RELATED: Fatal shooting leads to standoff between police, suspect in North ParkPolice used spike strips, prompting the driver to stop and flee the scene on Fenton Parkway and Friars Road near Costco.The suspect is believed to be hiding out in the Del Rio Apartments.  768

SAN DIEGO (KGTV) - Caltrans will paint new stripes on Interstate 15 this week that will require lane and ramp closures through Thursday.Monday and Tuesday closures will take place from 9 p.m. to 5 a.m. and include: 222

SAN DIEGO (KGTV) – Any other year, Sonia Highbaugh and her family would be spending Christmas gathered at her sister’s house, but in true 2020 fashion, things look a little different this holiday.“I was sad this year not being able to spend the holidays with my extended family and everyone, but we make those hard decisions for the betterment of everybody,” said Highbaugh. “We actually stayed home, it’s just my immediate family, my boyfriend, and our two boys. We made videos of them opening their gifts so we can share with family so we can feel like we were together.”Highbaugh works for the Chicano Federation and says through training with the San Diego Latino Health Coalition; she received pointers on how she should be spending the holiday this year.“With the pandemic, we wanted to be safe. I’m also expecting, so it’s very important for me to stay safe,” she said.Registered Nurse Francisco Garcia can relate.“It’s just us three,” said Garcia.While breaking traditions can be challenging, Garcia, his wife, and daughter also decided to spend Christmas at home together.“Being a Latino, my family chooses to get together every year for Christmas and have food and presents. Just having everyone together is what we take pride in, and so it’s very different that we’re not around each other this year,” he said.Working as a registered nurse, Garcia knows all too well the potential consequences of large gatherings during the pandemic, especially after the surge in COVID-19 cases after Thanksgiving celebrations.“Seeing an influx of patients and the number of patients we’re seeing with COVID as the year went on was a big challenge,” he said.Health officials across the nation, including here in San Diego County, have urged people to stay home, avoid traveling and large gatherings, despite that some continue to ignore the guidance.According to the Transportation Security Administration (TSA), 846,520 people in the United States were screened at TSA checkpoints on Christmas Eve alone, and millions more were screened since last Friday.Still, many families are playing safe and having a great time doing so.“It has been fantastic; I think the biggest challenge we’ve had is not burning the Christmas dinner,” said Garcia.“We have to trust our community. Hopefully other people are being safe so we can be safe,” said Highbaugh. 2351

SAN DIEGO (KGTV) -- Bombarded with long lines and time delays, the state is planning to replace the Department of Motor Vehicles facility in Hillcrest with a larger facility. The state would tear down the current 14,319 square-foot DMV at 3960 Normal Street, and replace it with a one-story 18,540 square-foot building. The new DMV would accommodate the 931 customers that use it daily, with 141 parking spaces. It would cost .7 million. "The existing DMV Normal Street field office is not sized appropriately to accommodate the existing staffing and service demand levels needed at this location," the DMV said in an environmental notice. But the threat of shorter wait times is not being met with enthusiasm from some Hillcrest residents.Mat Wahlstrom, a member of the Uptown Planning Group, sees the project as a missed opportunity. He pointed to a now-scrapped plan to add a mixed-use housing and retail project, plus a park. It would have a new, larger DMV on the south end the 2.5-acre site."This wouldn't be a deadzone every evening, which is what it's become," Wahlstrom said. "It was supposed to have been a dual use site."Christina Valdivia, a DMV spokeswoman, says the mixed-use plan didn't work because it doesn't conform with its vehicle-centric business model.Meanwhile, the Hillcrest Farmers Market is raising issue with the DMV's plan to add a 7-foot-tall wrought iron fence around the property. The market uses the DMV lots for parking and some of its vendors."It would really create this sort of fortress DMV that we are hostile to," said Ben Nichols, who heads the Hillcrest Business Association.Valdivia says the DMV is installing fences at all of its new and replacement buildings to protect against vandalism, theft, damage, and even human waste. Nichols said it would just push those problems onto the public sidewalk.Now, two state legislators, Sen. Toni Atkins, and Asm. Todd Gloria, are getting involved with the project. The plan is currently under environmental review. If all goes as planned, it would break ground in early 2020 and be complete by the first quarter of 2021.  2160