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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) - Health officials say 18 more people have died from flu-related illness in San Diego in the last week.San Diego's flu-death total for the season is now at 269 people. Officials said this season the deaths have ranged in people 1- to 101-years-old. Thirty-four of those deaths have been in individuals under the age of 65.At the same time last season, there were only 49 recorded flu-related deaths.RELATED: Here's when doctors say you should go to the hospital with the flu"Influenza deaths are very unfortunate, but they occur in higher numbers during a severe flu season," Wilma Wooten, County public health officer, said. "If you haven’t gotten vaccinated, do it now since the flu season can last through April and, sometimes, later."Lab-confirmed cases of influenza declined last week, however, from 973 cases to 721 - following two weeks on increases in cases.The most common strain of influenza this season is H3N2, which has a more severe impact on the elderly and very young, according to officials.RELATED: Why people are getting the flu despite being vaccinatedLocal health officials said it is not too late to get a flu shot, which covers H3N2, pandemic H1N1-like and influenza B strains.Officials also reminded San Diegans to protect themselves from the flu by: 1319

SAN DIEGO (KGTV) -- Gas prices continue to soar in Southern California, rising nearly two cents more Monday. According to figures from AAA, the price for a gallon of gas gone up more than 50 cents in less than a month. AAA also says that the price has risen for 21 consecutive days and 27 of the last 28 days in San Diego County. RELATED: San Diego's gas prices could soon hit average, something not seen for yearsThe price per-gallon is more than 20 cents more than a week ago, 51.7 cents more than a month ago and over 27 cents higher than a year ago. California's gas tax is also set to increase by 5.6 cents on July 1, 2019. Meanwhile, the national average for a gallon of gas Monday was .74.AAA says a series of refinery issues reduced gas supplies.Bloomberg Phillips 66 refinery in Los Angeles, and Chevron Corp.'s El Segundo plants all experienced shut downs and stalls in oil production due to various problems. "Four dollars a gallon on average is certainly within the realm of possibility," Patrick HeHaan, with GasBuddy, told 10News. City News Service contributed to this report. 1104

SAN DIEGO (KGTV) -- Foreign ambassadors from around the world made their way to San Diego to visit the border and see how the US handles security Monday. Rolling down a gravel road, at the US-Mexico border, a van carried several foreign ambassadors to the US. The group, part of more than 30, came to San Diego for the State Department’s “Experience America Program.” Monday’s stop – a 14-mile stretch of newly constructed primary and secondary border wall just east of Otay Mesa. As the ambassadors approached, work was being done in the hope of finishing the project by January. “Today we’ve been told how you are protecting the US-Mexico border,” said Javlon Vahobov, Uzbekistan Ambassador to the United States.Like the Uzbekistan Ambassador, this is their first time to California. Border issues top of mind in his home country. “For a country that is located in the heart of central Asia, and surrounded by all 5 central Asian countries- including Afghanistan.”Agents describing how they protect the border, from the construction of the walls, to agents and technology. “Struggling with smuggling of narcotics, fighting trafficking persons. Those issues that have been shared today are very accurate, accurate for the region, for Uzbekistan itself,” said Vahobov. The border trip is just part of the diplomats’ visit to San Diego. “Tunnels are being digged and drugs transported and that’s a real threat for American people I think,” said Andris Teikmanis, Ambassador of Latvia to the United States.Teikmanis said he was also anxious to hear more about innovation taking place in San Diego. “Learning about biotechnology, and university and different kinds of businesses and culture present here in San Diego.” 1723

SAN DIEGO (KGTV) — Despite a concerted effort to repair San Diego's crumbling sidewalks, a new report by city staff details the vast number of areas in desperate need of repair, as well as the skyrocketing cost to get them fixed."We're repairing more now than we ever have, but it continues to be a source of frustration," City Council member Mark Kersey told 10News in an interview Wednesday ahead of a City Council meeting on the matter.The new data shows that crews have repaired or replaced more than 27,000 sidewalks since the last major assessment was completed in 2015. However, more than 81,000 sidewalks still need attention. And while an estimate in 2016 put the costs to complete the work at million, that number has now jumped to to 100 million."The way it's set up right now is the sidewalk is the property owner's responsibility," Kersey explained. "They own it and they're supposed to maintain it. But because it's in the public's right of way, if someone trips and falls and hurts themselves, the city is the first one to get sued."Kersey says the repair process is far more complex and time-consuming than simply seeing a problem area and fixing it. Much of this stems from trying to prod property owners into making the repairs. However, Kersey says the costs of getting the right permits can be prohibitive, even sometimes matching the actual cost of the work. There is a city program which offers to bypass permitting and have the city do the work for half of the cost, though only a few dozen repairs are processed through the program each year.Another concern is mounting legal costs. On top of the cost of the actual repairs, the city has spent millions of dollars settling lawsuits stemming from dangerous sidewalks. "I would much rather put those millions of dollars into fixing the problem than paying out legal bills," said Kersey. 1874