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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) — Brendan Watters had big plans for Ballast Point the moment his company took control March 2. That includes creating new beers, and driving a wrapped bus around San Diego for two months announcing that the iconic craft brewery was back under local control. All of that hit a snag two days after sale closed, when Gov. Gavin Newsom announced a State of Emergency because of the coronavirus outbreak. "So basically a week after we were closing up operations," said Watters, the brewery's CEO, who moved to San Diego after the sale. "We had to pivot straight away."Watters' company, Kings and Convicts, bought Ballast Point from Constellation Brands, a Fortune-500 beverage company that paid billion for the San Diego brewer in 2015. Watters declined to disclose the sale price, but did confirm it was less than billion. He said Ballast Point, which launched in San Diego in 1996, lost some of its local charm under an international brand. He says he plans to bring that back, with two new beers launching this summer and an emphasis on design, such as the famous oceanic art that accompanies each one. Still, he faced an unprecedented challenge two days after closing. The tap rooms all shut down, eviscerating 50 percent of its revenue (Watters estimates total revenue fell as much as 60 percent). Watters says the brewery focused on its distribution, and was aided by a federal stimulus loan. Now, the Miramar and Little Italy tasting rooms are reopening with social distancing alterations, such as spaced out tables, and smartphone ordering systems. Watters says he was able to recall most of the brewery's 550 employees. He says Ballast Point can last with the reduced capacity in the short-term, but the longer this goes, the harder it will be. 1780

SAN DIEGO (KGTV) — As the Timken Museum of Art remains shuttered due to coronavirus-related restrictions, museum officials say they're preparing for whatever a post-pandemic reopening will require.The museum said this week that it plans to install military-grade anti-viral technologies, which will reportedly clean the air of harmful pathogens at a level higher than that of hospital operating rooms."The Timken and Putnam families, innovators themselves, created our free museum in 1965 as a result of their successes in technology and engineering," says museum Chairman of the Board Jessie Knight, Jr. "We are honored to carry on that tradition by being the first museum in the world to bring cutting edge, military grade technology into practical, everyday use."RELATED: In-Depth: Balboa Park's future unfolds during COVID-19 pandemicThe Balboa Park museum had originally planned to incorporate an ultraviolet technology into its existing HVAC system that would eliminate 10% to 20% of airborne pathogens. The new system will "capture and kill" up to 99.7% of pathogens, the museum says."We take our mission of making fine art accessible to everyone very seriously, particularly on the heels of a pandemic when arts and culture are needed more than ever," the museum's Executive Director Megan Pogue said. "When our visitors return to the Timken, they can feel confident knowing we have made this significant, groundbreaking investment that provides a safe, welcoming and enriched environment for all."RELATED: Observation Wheel could bring people back to Balboa ParkWhile the Timken is closed, the new anti-viral system will be installed and tested. The museum is also offering free online classes and lectures on art education and art-making activities and classes.The museum hopes to reopen in 2021, following additional improvements.RELATED: Balboa Park carousel work continues through pandemicThe Timken is not the only Balboa Park attraction using this time to enhance its offerings. Peter Comiskey, the Executive Director of the Balboa Park Cultural Partnership, says that nearly every museum in the park has been refreshing exhibits and facilities."While they've been closed, they've been taking advantage of, in some cases, completely removing all of their pieces and reworking their entire buildings," says Comiskey. 2338

SAN DIEGO (KGTV) - Black Friday is the official kick off to the holiday shopping season and with more shoppers purchasing packages, more thieves are looking to make a grab.San Diego Sheriff's deputies issued tips on Black Friday for consumers hoping to keep their new gifts safe this season.First, they advise that shoppers avoid leaving anything a thief would want visible in cars. That includes:PurseWalletMailPresentsBagsPackagesElectronics (i.e. iPad, iPhone, tablet, laptop, music player)A thief could get an address from shoppers via their car — using a driver's license, insurance registration card, or mail — and in turn try and burglarize a home for those recently-bought presents."The biggest mistake is them being on their phones, and not slowing down, taking the time to lock your cars, roll up your windows. Please make sure that any packages that you buy, you remove from your back seat, put them in the trunk, lock them, secure them," Sergeant Pamela Murphy said.She also wants shoppers to be mindful when they leave the store, especially at night, "don't have too many things in your arms that you can't carry or defend yourself."RELATED: San Diegans brave the pouring rain to score Black Friday dealsIf someone becomes a victim of a crime, deputies don't recommend posting about it on social media. Instead, call local law enforcement. The department does not monitor social media for potential crimes.Reporting a crime helps law enforcement track trends, which makes a difference in communities. "If there's trends we need to go out and make sure there's extra patrol and make sure our deputies are checking the area more often as well as the senior volunteers," Murphy said.RELATED: Black Friday strategies that actually workDuring the holidays the department has more frequent patrols, and puts up Sky Towers in mall parking lots, giving deputies an edge while surveying parking lots. 1913

SAN DIEGO (KGTV) — As reports surfaced that the Alliance of American Football would suspend all league operations, its teams — and fans — were left in a state of limbo.Fans searching for tickets to the San Diego Fleet's April 14 game at SDCCU Stadium against the Arizona Hotshots were met with a screen reading, "Oh-no! These tickets went fast and we're unable to find more right now."Calls to season ticket lines and links on the team's website went unanswered and returned no results Tuesday. A note was also left on the team's office door at SDCCU Stadium reading, "We're closed for the remainder of the day."According to the team's general manager, Tuesday practice had been canceled, but no further statement on the league's reported decision was given.RELATED: Alliance of American Football to suspend operations immediately, reports sayThe Fleet, as well as the AAF's seven other teams, had played eight of 10 regular season games slated for the league's inaugural season. According to The Action Network's Darren Rovell, AAF Chairman Tom Dundon had funded the league week-to-week and will lose about million of his investment. Tuesday's decision was reportedly made against the wishes of league co-founders Charlie Ebersol and Bill Polian. 1260