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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) -- Hotel guest jolted awake after the Howard Johnson by Wyndham caught fire, early Tuesday morning.The fire erupted around 4:15 a.m. on El Cajon Blvd in the College East neighborhood.One of the rooms was destroyed, and two others were severely damaged, according to firefighters. At least 4 to 5 units are reported to be uninhabitable for various reasons.It took about 20 minutes to knock down the fire.One man staying in the unit right next to the fire, told ABC 10News he had to run right past the flames to escape.The entire hotel was evacuated, and everyone managed to get out safely. No one was hurt.Firefighters are trying to figure out if anyone was inside the unit when it caught fire. The cause is under investigation.This is a developing story, stay with ABC 10News for the latest updates. 824

SAN DIEGO (KGTV) - Hundreds of protesters gathered in Balboa Park Monday evening, the third day of protests in the San Diego region. A large group began coalescing near the San Diego Police Department headquarters near Broadway and 13th St in the afternoon. As night fell, the group marched up Park Boulevard past San Diego City College and into Balboa Park. Law enforcement officers followed closely. Freeway on-ramps and off-ramp were blocked by CHP officers in tactical gear along the route, preventing protesters from accessing the freeways. After marching through the park, the group stopped near El Prado and Sixth Ave. Many in the group laid down on their stomachs with their arms behind their backs, chanting “I can’t breathe,” in honor of George Floyd, the unarmed black man killed in police custody in Minnesota on May 25, 2020. Afterwards, they held a moment of silence for those killed at the hands of police. Many demonstrators dispersed after, though a group began forming again outside SDPD headquarters. At 10:25, SDPD tweeted that “bottles, fireworks and other objects” were being thrown at officers near their headquarters. Several minutes later, police declared the protest an unlawful assembly and began clearing the area, tweeting, “those who remain or return against this lawful order may be cited/arrested and risk exposure to chemical agents & less-lethal force applications.” As of 11 p.m. SDPD had announced they made one arrest for vandalism. 1481

SAN DIEGO (KGTV) - Dog owners who live in Normal Heights are worried about the future of the off-leash dog park at Ward Canyon.Earlier this month, signs appeared saying the large-dog area would be closed through the end of March 2020. People who use the park say it's because a few neighbors complained about the noise to the local Advisory Committee.Because the large-dog area is closed, all sizes of dogs have been sharing the small-dog area next to it."It's really crowded," says dog owner Christina Ardon. "When people get off work, everyone's over here. It's a little bit of a madhouse.""It's intimidating to smaller dogs," says Jason Douglas-Hiley. "They won't come into the park because they're afraid of the large dogs harassing the smaller dogs."Meanwhile, the City of San Diego has plans to renovate the entire park. Renderings show the area where the large-dog park currently sits would be turned into a community garden. The small-dog park would be expanded.But, City Councilmember Chris Ward's office says there is no funding for that project, and no timetable for when it could be added to the budget.People who use the park say they're afraid it will disappear while the project sits in limbo."To have to wait 2-5 years for them to construct a new park is a lifetime for a dog," says Douglas-Hiley.Park supporters have started a petition, asking the city to safeguard the small-dog area and also fence off a different portion of Ward Canyon for large dogs to use. They're also encouraging people to go to the Adams Recreation Advisory Group meeting on October 22 to voice their concerns.The meeting is at 6 pm, at the Adams Recreation Center (3491 Adams Avenue). 1685

SAN DIEGO (KGTV) -- Electric scooters are everywhere, even showing up on the freeways and on the Coronado Bridge.It’s an offense CHP says they’re seeing too often. Someone taking up the slow lane on one of the scooters.California vehicle codes prohibit electric scooters on any road with a speed limit of more than 25 miles per hour.CHP officer Jim Bettencourt says he’s even seen them on the Coronado Bridge. A sign clearly states that pedestrians, bicycles and motor-driven cycles prohibited.As drivers go onto the bridge, not even an inch of space exists on the shoulder. In fact, the City of Coronado banned the dockless bikes and scooters in march.If left parked, they’ll be impounded. CHP says fines for riding a scooter or a bike on the freeway can be up to ,000. 780

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