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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) - City leaders say the canyon near the 163 that caught fire Tuesday afternoon was overdue for tree trimming and a homeless flushing.The fire only burned 10 trees but it has many neighbors frustrated that the fire even started in the first place.“That was a pretty big one,” said Councilman Chris Ward on the fire, “we’re pretty scared here in the mid city neighborhoods with the urban canyons which catch fire from time to time.”Ward says he has been trying for over a year to get CalTrans and the City of San Diego to clear out the canyons.Officials have not announced the cause of the fire but it is believe to have been from a cooking fire started by homeless illegally camping.RELATED: Brush fire breaks out near 163“About a generation ago we lost 75 homes in Normal Heights to a canyon fire so this is a real, real danger.” said Ward, “We gotta take this seriously.” 896

SAN DIEGO (KGTV) - Border officials say the man shot and killed on Friday night by a Border Patrol agent behind the Las Americas Premium Outlets mall was trying to enter the U.S. illegally.A statement from Aaron Heitke, Chief Patrol Agent for the U.S. Border Patrol, San Diego Sector reads:“On Friday, October 23, 2020, at approximately 5:45 p.m., a United States Border Patrol agent responded to apprehend a man illegally entering the United States immediately west of the port of entry in San Ysidro, California. During the arrest, an altercation ensued and the agent discharged his firearm, wounding the man, who was later identified as an adult Mexican national. Nearby agents and law enforcement personnel responded immediately and initiated lifesaving efforts until emergency medical services arrived. At approximately 6:25 p.m. the man was pronounced deceased at the scene. The investigation is currently being led by the San Diego Police Department. Customs and Border Protection will continue to fully cooperate with the ongoing investigation. The specifics of this incident have also been shared with FBI, DHS OIG and CBP Office of Professional Responsibility. Additional updates will be provided by the San Diego Police Department, inquiries should be directed to them.”SDPD added Saturday that the 30-year-old man was shot once in the torso by the agent after he fought the agent, who sustained minor injuries.Social justice leaders with the American Friends Service Committee and Alliance San Diego have sent a letter to SDPD calling in part for an independent investigation to be handled only by police, not border officials or unions. Part of the letter reads, “Any involvement or coordination with these agencies, and specifically with CIIT has the potential to corrupt the investigation and could be considered an obstruction of justice.”Pedro Rios with the American Friends Service Committee said that he and others are considering holding a demonstration on Sunday. “I think for us it's important to ensure that people are treated with dignity regardless of who they are and we shouldn't jump to conclusions about the person who is now a victim and is now deceased,” Rios told ABC 10News on Saturday. He added, “I think we should permit the investigation — an unobstructed investigation — to move forward and that way we get to know exactly what took place that led to the demise of this individual.”There's now a call for evidence related to the shooting to be released right away. “We know that there's a lot of surveillance cameras in the area, not only belonging to Customs and Border Protection and [the] Department of Homeland Security but also the Las Americas mall has a lot of cameras in the area,” said Rios.Officials are not releasing the name of the man who was shot or the name of the agent who fired at him. 2848

SAN DIEGO (KGTV) - Cesar Rivera thought he'd achieved the American Dream when he and his wife bought a house just north of Mission Valley. "I moved in, I loved the area, I loved my neighbors," he says. "I want my boys to have this house when we grow old."But whether Rivera's family will last in long enough in the area remains to be seen. These days, Rivera is on anxiety medication. He says it's because of the home next door that became a vacation rental shortly after he moved in. He says it can rage any night of the week. "They go on arguing and yelling, and they're out there for hours," Rivera said. "They don't stop. That latest it's gone on is 3:30 in the morning."RELATED: Airbnb reports San Diego revenue for holiday weekends and eventsRivera says he has called the police on numerous occasions, but they don't always come in a timely manner. He also says the owner, Lael Volage, is not responsive: a claim she vehemently disputes. At any rate, it's exactly the situation the City Council aimed to avoid when it passed strict regulations in 2018. The rules would have limited vacation rentals to primary homes and structures on the same parcel. The rules also would have required many hosts to pay a 5 fee to fund a new enforcement division that would have worked evenings and weekends. But Airbnb led a successful referendum, and the council rescinded the law. "It's a free-for-all," said Volage. Volage says Rivera's claims are overblown, and that she too does not want her property to be the site of wild parties.RELATED: Vacation rental hosts blast bill that would set local limits"Nobody wants a problem," Volage says. "Nobody wants a party at their house. We try to regulate it. I turn people down all the time."Still, her online listing says parties and smoking are allowed, the home sleeps ten, and boasts a billiards table, jacuzzi, and wet bar. It is advertised for 0 a night on Fridays and Saturdays. "If you're a homeowner, you're allowed to have a barbeque, you're allowed to have beer pong in the backyard, and be able to have some music playing until 6, 7, 8, 9 even 10 o'clock," Volage said. She said vacationers should have the same rights, and that Rivera's problem is that his bedroom is right above the street. San Diego Police say they have been called to Volage's rental three times since May for noise complaints. RELATED: Team 10 investigates wild, violent parties at short term vacation rentalsThere is currently no proposal at the city to regulate short term rentals. A 2017 memo from the city attorney concludes vacation rentals are not an allowed use. Still, a spokesman for the mayor says he continues to support the "common sense regulations proposed last year as a starting point for new negotiations."After a Halloween night shooting at a vacation rental, Airbnb CEO Brian Chesky announced the company would ban party houses, and increase enforcement efforts. Those efforts include creating a "party house" rapid response team, and expanding manual screening of high-risk reservations. Volage's home is listed on VRBO. The company did not immediately return a request for comment. 3139

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