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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) - Around the world in eight and a half years, one couple returns to San Diego after almost a decade of sailing. Neal Schneider and his wife Ruth left San Diego on their 48-foot sailboat in December 2010. Schneider tells 10News, “I felt like there was an invisible hand grabbing the front of my shirt saying come on you got to do this.” He initially thought it would take them four years to circumnavigate. 38 countries and 49,000 miles later, they ended up taking a little longer. Their path took them to Mexico, French Polynesia, Tonga, New Zealand, Fiji, Thailand, and Africa and beyond. In fact, they decided to spend one whole year living in Thailand. During their adventures there were times where they flew back to the United States. Two of their children got married and they attended the weddings. As the couple prepares for the final leg of their trip, Schneider says, “we are very excited on the verge of being emotional”. An eye-opening experience for the Schneiders, “what a fabulous world this is, but I’ll tell you, I think one of our favorite places in all the places is San Diego.” They are expected to arrive Tuesday evening and dock at San Diego Yacht Club. Upon arrival, the San Diego Harbor Police will escort them into the bay with a water display overhead. 1304

SAN DIEGO (KGTV) -- At least one person died in a Bay Park crash as rain soaked the roads in San Diego County Sunday morning. According to California Highway Patrol, the crash happened just before 6 a.m. Sunday on northbound Interstate 5 just before Clairemont Drive. CHP reports that the vehicle was traveling at high speeds just before the crash. At least three vehicles were involved in the crash. According to CHP, the driver of a pickup truck crashed into the center divide before being struck by two other vehicles. The driver of the truck was standing outside his vehicle when he was hit and killed by one of the vehicles. The driver was 48-year-old Joseph Vito Berardino, according to the medical examiner. At this time, it’s unclear how many more people may have been injured. 794

SAN DIEGO (KGTV) — Deepak Chopra, an MD and icon in the field of personal transformation, acknowledges the coronavirus pandemic is causing global havoc on several fronts.Morbidity, mortality, the economy, and stress. He says the data is proving it’s a dangerous cocktail that can send our bodies into chaos. "Chronic inflammation, chronic depression, chronic anxiety, and stress are correlated...And chronic inflammation is correlated to the devastation of COVID," Chopra said. Chopra says the first thing we need to do to decrease our likelihood of getting sick is to follow all the guidelines of social distancing and wearing masks. Then, work to alleviate inflammation."Inflammation is the culprit. And we can counteract the inflammation with anything that mitigates stress ... Whether it's yoga, deep breathing, mind/body techniques, martial arts, even healthy emotions...Love, compassion, joy, equanimity, and proper nutrition," Chopra says.We cannot control the pandemic, but we can accept it and ask what's the meaning?"One meaning is ... It’s an opportunity to renew our bodies, resurrect our soul, connect with loved ones, be grateful for what we alread

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