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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) -- Beaches in San Diego are expected to be packed for the Fourth of July weekend as other nearby counties shut down their beaches over coronavirus concerns.Local law enforcement agencies are prepared for the influx in beachgoers, but many are hoping and wondering if people will follow San Diego County’s facial covering and social distancing requirements.On Friday, ABC 10News crews observed visitors at Mission Beach keeping their distance from each other and most of them wearing facial coverings.Many visitors came to the beach early to secure spots for what will likely be a busy weekend.The Cotus family, visiting San Diego from Arizona, heard about Gov. Gavin Newsom closing beaches where coronavirus numbers are rising. But the family took the chance that San Diego beaches would stay open.“We figured this morning we got the kids up. OK, let’s take a chance; either we can get to the beach or we can’t. If not, there’s a pool at the hotel,” Edward Cotus said.Law enforcement agencies said they will be out this weekend reminding people about the rules. However, they say it will be up to the public to follow them.The Cotus family said they understand why people don’t like wearing the face coverings, but they believe it’s everyone’s responsibility to do their part in controlling the spread of this virus.“We all have to be responsible and just try to really implement social distancing on our own. It seems like a lot of the public doesn’t understand; you just have to do that on your own,” Cotus said. 1539

SAN DIEGO (KGTV) -- California is among the worst states to retire in, according to a new report. The report, conducted by Bankrate.com, puts California in the 43rd overall position on the list of best and worst states to retire. To create the list, the site looked at a number of factors important to retirees, including the cost of living and the weather. RELATED: Cost of living study: San Diegans likely paying at least ,600 a monthWhile California ranked 13th for weather, the Golden State also placed second to last when it comes to affordability. California also ranked 34th for crime and 17th for culture. Check out the list below of best and worst states to retire in, according to Bankrate: Best states: NebraskaIowaMissouriSouth DakotaFloridaRELATED: Steep drop in housing affordability in the countyWorst states:WashingtonIllinoisAlaskaNew YorkMarylandIf you're considering where to retire, the American Association of Retired Persons (AARP) has a calculator to help you budget.California also launched in July a state-sponsored retirement program for companies that don't have a plan for employees.In our 10News coverage of Making It in San Diego, we also explored housing options, including a woman who built a granny flat on her property to finance her retirement and a Golden Hill retiree who's renting out rooms in her home to supplement her income.For anyone who has not started retirement planning, the San Diego Financial Literacy Center can help. 1477

SAN DIEGO (KGTV) — Assemblymember Todd Gloria, D-San Diego, praised state lawmakers for sending a bill to the governor that would restrict gun shows at Del Mar Fairgrounds.Assembly Bill 893 would ban the sale of guns or ammunition anywhere on the Del Mar Fairgrounds property beginning in 2021, according to Gloria's office. The bill passed the California Senate 27-11 Tuesday.Anyone who violates the bill could face a misdemeanor charge, according to the bill.Gloria is a co-author of the legislation alongside Assemblywoman Tasha Boerner-Horvath, D-Encinitas, and Assemblywomen Lorena Gonzalez, D-San Diego.“This is a victory for gun sense and making our communities safer in San Diego,” said Gloria.“This bill is about offering more than thoughts and prayers. It’s about policy and action and listening to the communities around the Fairgrounds who no longer want these events taking place. In California, we value people over guns and this bill makes that clear."Gov. Gavin Newsom has until Oct. 13 to sign or veto the legislation.Gun shows at the fairgrounds has been hotly debated over the last year. In September 2018, the 22nd DAA's Board of Directors voted to temporarily suspend gun shows at the Del Mar Fairgrounds until the state developed new safety policies around them. The decision ended the Crossroads of the West gun show's contract with the fairgrounds after nearly three decades.In February 2019, the three Assemblymembers introduced AB 893 into the state Assembly. The bill passed the Assembly 48-16 in April. Then in June 2019, a judge ruled that gun shows could continue at the fairgrounds while the court considered a lawsuit against the fairground's decision to suspend the shows.Throughout the the back-and-forth, the legislation has been opposed by the NRA, Gun Owners of California, and the California Rifle and Pistol Association. 1867

SAN DIEGO (KGTV) - Cathedral Catholic High School students took part in a protest Tuesday against a ban on skirts as uniform options for girls. Officials at the Carmel Valley school changed the dress code Friday for the 2019-2020 school year. CCHS said it would ban the uniform skirts, citing multiple detentions based on enforcement. Female students will have the option to wear pants, capri pants, or Bermuda shorts, the school said. “By removing the option for girls to wear skirts at a Catholic school not only demeans me as a female, but makes me wonder if we are moving towards a gender neutral society. I believe this is sexist, patriarchal and sexualizes the female students unnecessarily,” said freshman student Rachel Donaldson. RELATED: Cathedral Catholic High School girls protest 'sexist' ban on skirtsDonaldson also cited an email about the dress code change she said was sent from Principal Kevin Calkins to parents and students Friday, calling it “disturbing.” “The most disturbing: ‘Male faculty feel uncomfortable addressing female students about the length of their skirts.’ If a male teacher has a problem addressing student's skirt lengths, then they have no business being anywhere near a high school or a female minor. They are there to educate and guide- this is a simple task,” wrote Donaldson. A student created a petition on Change.org to keep skirts as part of the uniform option. By Tuesday afternoon, about 3,000 people had signed online. “It’s not practical to make girls go out and buy new uniforms when they’ve already paid hundreds for the ones they currently wear, our parents are already investing enough money on our education,” said commenter Mia M. on the Change.org petition. “Females should be able to choose what they feel comfortable in and not have their sense of elegance and femininity taken away from them. Making the switch to shorts is no way a practical or ethical solution.” 1933

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