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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) -- Effective August 31, some businesses throughout San Diego County are allowed to reopen under newly-issued state guidance.Beginning Monday, places of worship, restaurants, museums, gyms, and hair and nail salons, are among entities that can begin operating indoors.Organizations that plan to reopen under the new guidance are advised to update their safe reopening plan. The county says plans won’t need to be approved before businesses are allowed to move forward.RELATED: San Diego salon owner booked for weeks as she reopens againSee the list below for rules on capacity and hours of operation:Restaurants, dine-in. 25% capacity or 100 people, whichever is lower. They still need to close at 10 p.m.Places of worship. 25% capacity or 100 people, whichever is lower.Movie theaters. 25% capacity or 100 people, whichever is lower.Museums. 25% capacity.Gyms and fitness centers. 10% capacity.Dance studios. 10% capacity.Yoga studios. 10% capacity.Zoos and aquariums. 25% capacity.Hair salons and barbershopsNail salonsBody waxingTattoo parlorsPiercingSkincare and cosmetologyGovernor Gavin Newsom unveiled the changes Friday, offering some relief for businesses affected by the coronavirus pandemic.The beauty industry has been one business sector hit especially hard during the pandemic."It seems salons are not at risk any longer for this whole toggling between inside, outside which is definitely what we were advocating for," said Corinne Lam, the owner of Salotto Salon in Rancho Bernardo. "We knew we were a safe industry."RELATED: New guidance offers some hope for San Diego museumsLam and other salon owners have limited hours of operation and spent many days working outside in the heat to be in compliance with the state and county public health orders."We had a lot of heat rash when we working outside," said Elise Ha, the owner of Master Hair & Nails in Ramona. She and other stylists worked during San Diego County's recent heatwave where temperatures soared over 100 degrees. "Sweating all day long," said Ha. "We hope that we don’t have to be outside again."Both Lam and Ha have moved their equipment back inside and will reopen for indoor services on Monday.California's full guidance for each business sector can be read online here. 2283

SAN DIEGO (KGTV) — High school athletes across San Diego County are waiting to find out if they’ll have a season this fall.The decision from California Interscholastic Federation is expected to come by July 20.In the meantime, some school districts, like Sweetwater Union High School District, have canceled summer workouts out of concern about the pandemic. Others, like Poway Unified and Grossmont Union, are allowing them with social distancing measures and new liability waivers specific to COVID-19.The CIF does not oversee summer practices, said San Diego Section President Joe Heinz, meaning it’s up to districts to decide whether to allow activities on their athletics fields and how to safely manage them.RELATED: CIAA, SIAC suspend fall sports, championship events due to COVID-19PUSD began allowing summer workouts for football, soccer, field hockey, and other sports in mid-June, after the district created its own set of safety measures from county, state, and other guidelines."We feel pretty comfortable about what it is that we’re doing," said Rancho Bernardo Athletic Director Peggy Brose. "So far so good."Teams have staggered practice times and specific entry points to avoid crossover, she said.Upon arrival to campus, staff check each athlete’s temperature and screen them for symptoms. Each athlete must bring hand sanitizer and their own water bottle. Players are required to wear masks until they reach designated areas.RELATED: California CCAA moving all sports to the springOn the field, students are kept in the same groups of 12 or less each day. For football, players are grouped by position. Summer football workouts are focused on strength and conditioning; contact and pads are already not allowed.Other safety measures vary by sport. In basketball and field hockey, for example, athletes have their own ball assigned to them to avoid sharing, Brose said.Although she acknowledged the school cannot entirely eliminate the risk of transmission, she said supervised activities at school may be inherently safer than unsupervised ones.“We can control them when we have them,” said Brose. “What we can’t control is what they do on their own.”Mt. Carmel High School Football Coach John Anderson said the response from parents in his program has been clear.RELATED: Big Ten Conference limits fall sports to conference-only matches, athletic scholarships still honored“We have 20 more kids this summer than last summer,” he said. “So parents are really encouraging their kids to come out and play.”But not all. 10News spoke with a Poway Unified parent who kept his son out of summer athletics out of concern about the virus.“How can they not be infecting one another?” he said.The parent, who asked to have his name withheld from the story, provided photos of a workout on a football field with what he considered poor social distancing.“While they’re doing the calisthenics in warmups they are trying to keep six feet apart, they observe the distancing,” he said. “But when they’re running, they start bunching up.”The parent said he is a strong supporter of high school sports, but said the risk of transmission, particularly when athletes are breathing heavily, is too great.“COVID has been hard on everyone, particularly young people, but the good of the community should come first,” he added.He was concerned after Poway Unified required parents to sign a new waiver, releasing the school from all claims related to COVID-19 and acknowledging that participation in summer workouts could lead to transmission of the virus that could spread to an athlete’s parents or family members, potentially causing death.Grossmont Union High School District also added a mention of COVID-19 in its liability waiver.“Will the younger people die? Probably not,” said the parent. “But they’re going to go back and continue to spread it to their parents and grandparents who are at greater risk.”That risk has prompted other districts, like the Sweetwater Union High School District, to ban summer practices entirely.“We continue to be very concerned about the increases of cases in our communities, at a rate significantly higher than in other communities within the county,” Chief Compliance Officer Vernon Moore wrote in a letter to parents.Citing updated guidance from the state, Orange County banned all youth sports practices as of this week, but for now, San Diego County says it will allow them.“I think it can’t do enough for their mental health, their self-esteem,” said Coach Anderson. “Being cooped up in their houses for the last few months, to get out, run around and be active is really beneficial to their mind and body.” 4659
SAN DIEGO (KGTV) — Despite a concerted effort to repair San Diego's crumbling sidewalks, a new report by city staff details the vast number of areas in desperate need of repair, as well as the skyrocketing cost to get them fixed."We're repairing more now than we ever have, but it continues to be a source of frustration," City Council member Mark Kersey told 10News in an interview Wednesday ahead of a City Council meeting on the matter.The new data shows that crews have repaired or replaced more than 27,000 sidewalks since the last major assessment was completed in 2015. However, more than 81,000 sidewalks still need attention. And while an estimate in 2016 put the costs to complete the work at million, that number has now jumped to to 100 million."The way it's set up right now is the sidewalk is the property owner's responsibility," Kersey explained. "They own it and they're supposed to maintain it. But because it's in the public's right of way, if someone trips and falls and hurts themselves, the city is the first one to get sued."Kersey says the repair process is far more complex and time-consuming than simply seeing a problem area and fixing it. Much of this stems from trying to prod property owners into making the repairs. However, Kersey says the costs of getting the right permits can be prohibitive, even sometimes matching the actual cost of the work. There is a city program which offers to bypass permitting and have the city do the work for half of the cost, though only a few dozen repairs are processed through the program each year.Another concern is mounting legal costs. On top of the cost of the actual repairs, the city has spent millions of dollars settling lawsuits stemming from dangerous sidewalks. "I would much rather put those millions of dollars into fixing the problem than paying out legal bills," said Kersey. 1874
SAN DIEGO (KGTV) — Distance learning is now possible for more than 7,000 San Diego County families who had little or no internet access before the pandemic. The County Office of Education has been working for months to get those students online and have plans to help even more.Before COVID-19 hit, the county estimates one in five families had no internet or were considered “under-connected” by not having a connection strong enough to support distance learning.Isabel Estrada was one of those students.“Sometimes it would cut out during class time and I would miss something or have to email my teachers of why it kept cutting out,” said the freshman at Oceanside High School.The County Office of Education has been working for months to bridge the digital gap. So far, they’ve provided more than 7,000 mobile hotspots to families in need.Once Isabel’s family got a hot spot she says she felt more confident signing on to class.“We’re just really grateful because the internet right now, it’s me and my sister so it helps both of us with school,” said Isabel.At a press conference Thursday, Supervisor Nathan Fletcher announced million from the general fund will be used to help connect another 4,000 families.“That digital divide went from something that we needed to address, to something we had to address when our promise of public education moved virtually,” said Fletcher.The million will be divided among 19 districts identified as having the greatest need. They include the Escondido Union High School District, San Ysidro School District, and the South Bay Union School District.The county estimates another 45,000 students still have no internet access or are under-connected.For more information about the county programs, click here. 1762
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