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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) — FBI San Diego says scammers are using a range of methods to steal money and personal data from people, leveraging fears during the coronavirus pandemic to do so.Fake emails from the Centers for Disease Control and Prevention (CDC) or government offering information about COVID-19 may only deliver malware to computers to steal info or hold computers ransom, the FBI said. Other websites may also claim the same.The FBI also warned of phishing emails regarding the government stimulus checks many Americans are expecting. The emails could be seeking personal data in order to deliver the stimulus relief, only to steal that data. Some phishing emails may involve charitable contributions, general financial relief, airline carrier refunds, fake cures and vaccines, or fake testing kits, the FBI says.RELATED: Accusations of 'unethical' COVID-19 treatment at Carmel Valley medical spaAuthorities also warn of counterfeit coronavirus treatments or equipment, such as N95 masks or personal protection equipment (PPE). Scammers may reach out to sell products claiming to protect individuals from the virus or even treat or cure it.“We want to assure the public that the FBI continues our important work in protecting the American people, specifically those in San Diego and Imperial Counties, despite these unprecedented times," said Omer Meisel, Acting Special Agent in Charge of the San Diego Division of the FBI.RELATED: Instacart employees threaten to strike, say job is currently too risky during COVID-19The FBI recommends individuals do not open attachments or click any links from unfamiliar email addresses or messages. Internet users should also avoid giving any personal information of any kind in response to emails or robocalls.Users can stay on top of potential scams by recognizing legitimate website addresses, misspelled web domains, or suspicious messaging.RELATED: Couple wires 0,000 home down payment to scammerAnyone who believes they are a victim of an internet scam can report cyber crimes on the FBI’s Internet Crime Complaint Center at www.ic3.gov or call the San Diego FBI at 858-320-1800. 2142
SAN DIEGO (KGTV) — Five more people have died from influenza in San Diego and weekly cases hit a season high this past week.County health officials said one of the flu deaths included a 40-year-old man from North County who had underlying medical conditions with no known flu vaccination record. The other deaths ranged from 47 to 90 years of age and all also had underlying medical conditions.This season, there have been a total of 54 influenza-related deaths in the county. At this time last year, there had been 318 deaths.RELATED: Is it a cold or a flu? Here are 5 ways you can tell, according to the CDC"Influenza can be deadly. People should continue getting vaccinated and taking other preventative measures, especially those at higher risk of developing complications," said Wilma Wooten, county public health officer, said. "In addition to getting vaccinated, people should practice good hand hygiene."Over last week, 675 flu cases were reported in San Diego County, a season high, according to County Health and Human Services. The number is up 21 percent of the week before, when 536 cases were recorded.Due to the increased flu activity, an order for unvaccinated medical personnel to to wear masks while in patient care areas has been extended until April 30.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of locations offering free vaccinations. 1544
SAN DIEGO (KGTV) - Dozens of dogs affected by Hurricane Michael have a new home in San Diego.The San Diego Humane Society is taking in 93 dogs from various shelters impacted by the category 4 storm last week along the panhandle.The dog-only charter flight landed at Gillespie Field Thursday afternoon with dozens of volunteers helping unload them.The flight carried pets transferred from St. Joseph Bay Humane Society, the Escambia County Animal Shelter and the Humane Society of Bay County.The Humane Society says the dogs still need to be spayed, neutered and micro-chipped, but they hope to start adopting them out in two weeks. 649
SAN DIEGO (KGTV) - Downtown several huge murals cover plywood boards that protect businesses shuttered during the pandemic, as they reopen, those murals are coming down."It was definitely, I don't know, surreal." The Tipsy Crow Director of Operations Nathan Colonero said it was surreal seeing a familiar place always packed with friends completely empty.As the pandemic wore on, Colonero noticed a change."You could slowly see the shadow work its way over downtown," Colonero said. Then he got a call from the Downtown San Diego Partnership."I said well we aren't looking to spend too much money right now while we're closed. He said, 'No no no, we just want to beautify downtown and put a whole different spin on it for anyone walking around." It was an idea he could get behind.The partnership recruited local artists, including Pandr Design Co., to paint seven murals downtown between April 27th and mid-May.Some had inspirational messages, like " Stay Strong" and "Things will be okay".Neighbors are loving it."It was exciting to see this art in the city," Two-year-resident MJ Hasoneh said."It was a very beautiful thing that they did and I'm grateful for that," Neighbor Juan Gonzalez said."Honestly it's so nice to see the artwork, obviously all these places have to be closed right now," Ali Calder said while walking her dog.Now that businesses are reopening, the artwork is coming down."I mean they were doing so much beautiful work on them, of course I'm glad that they're taking them down, but it was very good to see because it lifted a lot of people's spirits," Gonzalez said.Colonero shared the same sentiment, "it was kind of sad taking them down, but obviously very excited to open up have people look in and see all the renovations we've done."He and other downtown businesses hope to make up some of their losses during this trying time.The partnership is storing the murals for future use as temporary displays or if needed on other buildings. 1972