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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) - Ask anyone, and they'll probably tell you they're going through "COVID Fatigue."It's a thing. In fact, UC Davis Health defines it in a study as tired of being cooped up, tired of being careful, and scared. But what if we told you we could end this pandemic in just five weeks? An MIT-trained physicist claims he has a theory that can do just that."I am a physicist and complexity scientist, and I've been working on pandemics for 15 years," said Dr. Yaneer Bar-Yam from his Massachusetts home.Dr. Bar-Yam is president of the New England Complex Systems Institute. He's a data scientist who studies pandemics and is an expert in controlling infectious diseases. His recommendations were partly responsible for stopping Ebola in 2014, and he claims his complex theory could do the same to stop COVID-19 before a vaccine arrives."The crazy thing is we're always just about five weeks away from getting rid of this disease," said Dr. Bar-Yam.Sounds promising, but his theory takes discipline."What we really need to do is implement a set of very strong actions," added Dr. Bar-Yam.Those actions are on his website EndCoronavirus.org. There are nine specific measures to crush COVID-19 in just five weeks and fully reopen our economy, our schools, and our lives."The most important thing locally is staying away from other people because the way the disease transmits is by breathing the same air or touching the same surfaces," said Dr. Bar-Yam.One of those measures is a lockdown. But not what you might envision, by being cooped up and unable to leave your house. Dr. Bar-Yam uses a theory called Green Zones, something we could even do at the county level. The goal is to go from neighborhood to neighborhood, on a micro-community level, getting coronavirus cases down to zero."You don't want to travel to other neighborhoods or other areas because that's how you transmit the disease from area to area," said Dr. Bar-Yam.The first two weeks are used to isolate cases and stop transmission for 14 consecutive days. If you're not in a green zone, you can't travel outside your neighborhood. Then, the next two to three weeks are used to effectively test, trace, and isolate anyone capable of transmitting the virus until your community is down to zero cases. Dr. Bar-Yam describes what we're doing now as fighting a house fire by attacking the fire in only one room."That's right, it's all over the place, and we're constantly trying to deal with it. And we have to take super aggressive actions if the fire is burning all of the time," he said.If you don't think it can work, know this: his method was practiced in Ireland, Iceland, and numerous other countries, including New Zealand, where less than five cases a day have been reported since May 3. And yes, it even worked for the most part in China with it's 1.4 billion people. But here's the catch: one of the nine measures to crush COVID is "getting everyone on board." As we've seen recently in Ocean Beach or the religious gathering in Cardiff with people packed together without masks, that's a hard thing to do."Everyone has to say, 'Yes, we're going to do this together. And it's our responsibility,'" said Dr. Bar-Yam. "You can't wait for the government. You can't wait for the mayor, or the county, or the state. It has to be a community decision to do this." 3348

SAN DIEGO (KGTV) - Conflicting instructions on the California mail-in ballot have confused some voters when it comes to signing their envelope."I laid it all out, and I looked at it and said, 'This doesn't match,'" says San Diego resident Theresa Lally. "It was red flags all over for me."The confusion comes from two separate instructions on how to sign your ballot envelope before submitting it. On the envelope itself, it says your "signature must match your voter registration record." But on the Voter Instruction form that comes with the ballot, it says, "Sign your name just like it appears on your driver's license or identification card."Lally says she can't remember how she signed her voter registration, and she wasn't sure if the instructions meant to include her full name or if she could just use a middle initial.ABC 10News took her concerns to Michael Vu, the San Diego Registrar of Voters. He says voters shouldn't stress over specifics, because the law allows for a fairly liberal interpretation of a signature."You do not have to have an exact match of your signatures," says Vu. "What we're looking for are the unique characteristics of a signature."Because signatures change over time, Vu says the people who verify each signature look at identifying markers to match the signature on the envelope to the signature on file."We look at the way that a person slants their signatures," Vu says. "Or the way that they loop their L's or J's or S's. Or how they may have a tail at the very end of their signature."He also says just initials can be enough to make a comparison and verify a signature.If none of that matches, Vu says the ballot goes into a "curing" process. The Registrar will have the voter fill out an affidavit that the office uses to verify the signature.And if a voter makes a mistake on their signature, Vu says they can contact the Registrar's office for a replacement ballot.Mail-in ballots must be postmarked by November 3 and received within 17 days to count. In-person voting begins October 31 at 235 "Super Polling" locations throughout San Diego County. 2105

SAN DIEGO (KGTV) -- At least four people were stabbed in a brawl that erupted following a car show in Kearny Mesa early Thursday morning.San Diego police said the incident happened at a Chevron gas station in the 7700 block of Copley Park Place just after 12 a.m.According to police, about 50 people appeared at the gas station following a car show at a nearby park. During the gathering, a fight broke out, and a male pulled out a handgun and fired several gunshots.At the same time, another male used a knife to slash the tires of several vehicles and then tried to stab another male.When officers arrived at the gas station, those involved in the reported incident fled the area. Police discovered shell casings and blood at the scene.A short time later, police learned two people with stab wounds arrived at a Kaiser Permanente facility on Clairemont Mesa Boulevard. Both victims were then transferred to Sharp Memorial Hospital for treatment.Police learned two more people with stab wounds showed up at Scripps Memorial Hospital in La Jolla.According to police, the victims were between age 16-21. The victims described the suspect as a Hispanic male.No arrests have been made. 1190

SAN DIEGO (KGTV) -- Bike the Bay celebrated its 11th annual ride on Sunday but this year it added some safety changes. Roughly 3,000 people participated in the popular bike ride. The ride is 25 miles and takes cyclists over the Coronado Bridge, through Coronado, Imperial Beach, Chula Vista and National City. It's the only day of the year where bikes are allowed on the iconic bridge. This year, the event made some changes after an accident during the ride last year. Christina Rocheleau who was not participating in the ride collided head-on with a participant who was trying to pass cyclists along the trail. Rocheleau suffered a fractured nose and three fractured vertebrae. She hasn't been on a bike since. At the time of the accident, organizers told us that they take safety very seriously. This year, they added more signs along the route, more volunteers to guide cyclists and made the route all one-way. All of the proceeds for the ride go towards the San Diego County Bike Coalition, an organization that promotes bicycles as a form of transportation and advocates for safer roads for cyclists.   1156