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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) -- Caltrans presented five renderings of possible suicide barriers for the San Diego-Coronado Bridge.More than 400 people have killed themselves by jumping from the bridge since it was opened in 1969, making it the second deadliest suicide bridge in the nation behind San Francisco’s Golden Gate Bridge.The possible suicide barriers include a large net underneath the bridge similar to the one to be put on the Golden Gate Bridge, three types of fencing, or 18-inch spikes on top of the existing barriers.Caltrans said one design will be chosen in Spring 2018.They said it will take several years to build the barrier because they need to have environmental impact studies done and get funding for it.  752

SAN DIEGO (KGTV) - City of San Diego crews spent Monday preparing for the first significant rainfall since May. “With the first rains of the season in the forecast, crews are busy clearing critical drains, putting no parking signs along flood prone streets and installing backup generators for the City’s crucial storm water pump stations,” the City of San Diego posted on twitter. "During the rains, 15 crews from the City's Storm Patrol will be actively patrolling, monitoring areas in the city and responding to instances including temporary flooding and downed trees or tree branches," added city spokesman Anthony Santacroce.The heaviest rain is expected overnight Tuesday through the day Wednesday, according to 10News meterologist Megan Parry. RELATED: Megan's Forecast: Hot today followed by rain“Rainfall accumulations will average between 1 to 1.50" for the coast and valleys with some mountain areas getting closer to 2" while the deserts will pick up between .10 and .25" of rain,” Parry said. San Diego most recently had measurable rainfall on Sept. 28 but the amounts were small, Alex Tardy of the National Weather service reported. The last time “people would have had puddles in their yards” was May, Tardy said. The City of San Diego said Monday that up to 10 sandbags per person would be available at the following locations for anyone with proof of residency. Standley Recreation Center, 3585 Governor Dr., University City Robb Athletic Field, 2525 Bacon St., Ocean Beach Golden Hill Recreation Center, 2600 Golf Course Dr., Golden Hill MLK Recreation Center, 6401 Skyline Dr., Skyline Scripps Ranch Recreation Center, 11454 Blue Cypress Dr., Scripps Ranch North Clairemont Recreation Center, 4421 Bannock Ave., Clairemont Allied Gardens Recreation Center, 5155 Greenbrier Ave., Allied Gardens San Ysidro Community Activity Center, 179 Diza Rd., San Ysidro City Heights Recreation Center, 4380 Landis St., City HeightsSnow is also expected in certain parts of Southern California. #Snow? say what? it is hot right now, yes offshore flow from the Baja system continues but a cold polar storm is dropping down from the north for Tuesday and Wednesday and the 2 will merge for rain, thunder and then cold and mountain snow on Wednesday! #CAWX pic.twitter.com/bj4Bp4VE7n— NWS San Diego (@NWSSanDiego) November 18, 2019 2341

SAN DIEGO (KGTV) — Border Patrol is gearing up for what they anticipate to be a busy summer of illegal border crossings. The agency showcased its tools and tactics Tuesday at a site near the former border wall prototypes. Five migrants suspected of crossing illegally were rescued by Border Patrol several miles east of where the demonstration was occurring in the Otay mountains. Border Patrol says a member of the group called 911 early Tuesday morning after they ran out of food and water. One of the people from the group had to be airlifted because of a leg injury. Customs and Border Protection says they detain 170 people a day trying to illegal cross the border in San Diego sector. CBP adds with more the secondary wall project being completed, people are crossing in more remote areas and putting themselves in more dangerous situations. “A lot of the people we’re encountering are surrendering themselves agents,” said Justin Castrejon with Border Patrol. Agents are certified through the state of California to respond in medical capacity similar to EMT’s. 1076

SAN DIEGO (KGTV) -- California health officials released new guidelines for indoor and outdoor youth sports, whether it is school-related, community sponsored, or club sports.The new guidance from the state’s Department of Public Health also applies to recreational adult sports.According to the state, inter-team competitions will not be allowed until Jan. 25, 2021, at the earliest. State officials will revisit this plan during the first week of January to see if any changes need to be made.Players and teams are allowed to practice, but health and safety measures -- such as social distancing -- must be in place.In the new guidelines, sports are categorized by indoor or outdoor, and then they are classified under three categories: low-contact, moderate-contact, and high-contact. The sports are then grouped based on risk tier.For San Diego County, which is in the state’s purple tier as of Dec. 15, only outdoor low-contact sports -- which includes golf, tennis, and swimming -- are allowed to compete.Once the county reaches the red tier, sports like baseball, softball, and cheerleading will be able to compete.Sports such as basketball, football, soccer, and volleyball would not be allowed to compete until San Diego County is in the state’s orange tier.The state’s new guidance comes months after children, parents, and coaches held rallies and voiced their frustrations about not being able to play.Because of the state’s rules, many teams -- specifically baseball and soccer -- have traveled to states like Arizona to play competitively because of less strict rules.Under California’s new guidance, teams can only compete against teams from the same county, and they cannot compete outside of the state.Click here to view the state's complete guidelines 1777