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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) -- Before taking children trick-or-treating this Halloween, families are encouraged to visit The Megan's Law Website where hundreds of registered sex offenders are listed across San Diego. The search tool allows families to look up registered sex offenders in their neighborhood or other parts around the state and see them on a map."Megan’s Law also authorizes local law enforcement agencies to notify the public about sex offender registrants found to be posing a risk to public safety," the site says.The map lists markers surrounding the address used in the search.  Users can input any address and radius for a broader search. Information includes images of the sex offender, known aliases, addresses, description of the person, offenses, and a risk assessment.According to website, some of the registrants are currently in violation of their registration requirements and asks the public to contact police with information they may have about these individuals.The website was created and named after 7-year-old Megan Kanka, of New Jersey, who was brutally raped and killed in 1994 by her neighbor, Jesse Timmendequas.  Timmendequas had been convicted for sexually assaulting young girls.  After serving less than a year in a correctional facility, he  moved into a home across the street from the family without their knowledge. "In the wake of that tragedy, the Kankas sought to have local communities warned about sex offenders in the area. All states in the U.S. now have some form of Megan's Law," the website says.The website indicates that some of the registrants are currently in violation of their registration requirements. Any information you may have on these individuals should be reported to your local law enforcement agency.LINK: https://www.meganslaw.ca.gov/ 1856

SAN DIEGO (KGTV) - Boomers! wants to start serving wine and beer at its Kearny Mesa location off I-805.The family entertainment center at 6999 Clairemont Mesa Blvd. asked the city for a zoning change to allow it to serve drinks.Boomers! is known for its child-friendly activities including mini-golf, batting cages, and go-karts.A Boomers! spokeswoman gave 10News a statement about the change: 401

SAN DIEGO (KGTV) - Computers have become a lifeline to San Diegans during the pandemic and a new partnership between the city and non-profit San Diego Futures Foundation could make it easier for people in need to get connected.Executive Director of San Diego Futures Foundation Gary Knight said the need skyrocketed the first three weeks of the shut down in March, "we distributed over half our annual inventory in that three weeks."That's more than 1,500 computers. The non profit partners with companies like Qualcomm, General Atomics and San Diego County to take on their old computers, refurbish them and connect them with people in need.City of San Diego Digital Strategy Manager Jen Lebron said 30,000 households don't have a computer, just within the city limits.Right now that means limited connection to healthcare, education and job seeking material."San Diego Futures Foundation has an incredibly broad reach, that way we can get these computers in the hands of students, seniors, veterans, foster families and non profits that really need the help," Lebron said.Michelle Sanudo recieved a computer from SDFF this month and said it's made her feel independent and successful. She's a single mom who relied on the library to entertain her four and one-year-old children while she worked."Really it was kind of like a sanctuary, I would get to do my paperwork for school, also apply for jobs," Sanudo said."When they closed the libraries that's when it hit me." She said the computer allows her to order groceries so she can keep her family safe during the pandemic and pursue her dream of becoming a medical assistant.As the need for computers continues in San Diego and SDFF's inventory wanes, they need more donations. That's where the city is stepping in. For the past year the city has been vetting the non profit. Wednesday the City Council Economic Development and Intergovernmental Relations Committee unanimously approved the partnership. Now it must go before the full council to receive approval. The item is on the docket for Tuesday, the 21st."We are ready with nearly 2,300 computers that we can give to San Diego Futures Foundation." Lebron said these computers have been stockpiled, in hopes of being used to better the community.If approved, the city would hand over the stockpile and have about 800 computers each following year to supply SDFF.Those computers could be in the hands of people like Sanudo by mid-August."We're not going to see this disappearing, the need for this is going to stay at a very high rate for a while," Knight said as we head toward the school year.If you would like to donate your computer to SDFF, please call and make an appointment to do a drive by drop off.If you would like to see how you can get connected with a computer, please click here. 2810

SAN DIEGO (KGTV) - City Council leaders voted 5-3 to oppose President Donald Trump's executive order to build a wall along the U.S.-Mexico border.The resolution, introduced by Concilmember Georgette Gomez, joins several other cities and states who have also stated their opposition."The border wall is a huge mistake for our region economically and environmentally. I am happy the City Council voted to pass my resolution. Our tax dollars should be spent uplifting the quality of life for all San Diegans, and tackling our issues on road infrastructure, housing, and homelessness," Gomez said following the vote. "Building a wall will do nothing for our families and communities but place a hateful divide between two of the largest cities in Mexico and the United States."RELATED: Councilmember says border wall would hurt San Diego economy, environmentThe resolution allows the San Diego City Attorney, Independent Budget Analyst, and staff to put together a disclosure program for city contractors.Councilmember David Alvarez called the border wall "a stupid idea" and a waste of money in a series of Twitter posts following the vote. 1165