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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) — As wildfires continue to burn in California, researchers say they may be adding fuel to another emergency: the pandemic.Parts of the Golden State have been buried in a blanket of smoke for weeks. Wildfire smoke is a mixture of many pollutants, but the majority consists of tiny particulate matter called PM2.5, which can also be produced by cars and power plants.“It’s a threat amplifier,” said Dr. Abisola Olulade of Sharp Rees-Stealy Medical Group.In April, researchers at Harvard found that just a small increase in this kind of air pollution led to an 8% jump in the death rate from COVID-19.Studies have shown that air pollution from these tiny particles can increase the risk of death in older adults from other causes, but the Harvard researchers found the increase from COVID-19 was 20 times larger.Why? The most widely accepted theory is that smoke particles, which can burrow deep inside the lungs and enter the bloodstream, can add a layer of health complications for people already fighting the virus.“People that are already fighting off a COVID-19 infection already have compromised heart and lung function if they have severe illness,” Dr. Olulade said. “So that can increase their susceptibility to the effects of wildfires.”The particles can contribute to more inflammation and potentially lead to blood clotting, she said.“Any chink in the armor, so to speak, is going to really make people have trouble maintaining” the body’s stressful fight against the virus, said Dr. Christian Ramers of Family Health Centers of San Diego.Another theory from early COVID-19 research that hasn’t been peer-reviewed: smoke particles could allow the virus to travel farther and survive longer, potentially allowing it to spread to more people. Both Dr. Ramers and Dr. Olulade said there was less research to support this theory.“What makes the sky look hazy when there’s smoke? It’s particles. So it's conceivable, again this is kind of conjecture, but it's conceivable with more particles in the air then yes the virus can latch onto those particles a bit more,” said Dr. Ramers.Doctors say there’s stronger evidence to suggest that wildfire smoke could help the virus enter a healthy person’s body. Not only does smoke wear down the protective lining of our airways, it stimulates certain receptors in the lungs -- the exact receptors that the spike proteins of the coronavirus use to get inside cells.“The virus binds to those ACE2 receptors, so if you have more of them, it can increase the viral load,” said Dr. Olulade.All kinds of air pollution put us at greater risk from respiratory diseases like coronavirus, not just wildfires. But one thing is for sure: Californians have been exposed to a lot of smoke lately.Since the beginning of the year, wildfires in California have burned more than 3 million acres, according to CAL Fire. That’s an area larger than the entire County of San Diego. 2929

SAN DIEGO (KGTV) -- Court documents are giving a glimpse into the past of the 26-year-old accused of killing his parents and sister in a Logan Heights house fire.Wilber Romero is accused of starting the fire at the home on the 3100 block of Clay Street around 4:30 a.m. October 13. 44-year-old Jose Romero died at the scene while his wife and daughter, 46-year-old Nicolasa Maya-Romero and 21-year-old Iris Romero died at the hospital in the days following the blaze.The family’s 23-year-old daughter and 16-year-old son were also hospitalized. Wilber is facing several charges in the fire, including first-degree murder, arson and attempted first-degree murder. Court documents show it wasn’t the first time he allegedly targeted his family. He reportedly attacked his father with a brick and rocks and damaged his car in September of 2018. The incident prompted a police standoff that ended when police shot bean bags at Wilber and released a police dog, documents show. The documents go on to state Wilber was in a car accident when he was 6-years-old and that he has suffered from a learning disability since the crash. According to the documents, Wilber also struggled with drug addiction. 1203
SAN DIEGO (KGTV) - Candalee Carbonel remembers the panic she felt Tuesday when her son's principal called about an incident involving her 7-year-old. "This is a horrible situation, I pray no other family has to go through this," said Carbonel. Her son Cole has autism and managed to walk off the Miller Elementary campus in Tierrasanta without staff noticing. He walked about half a mile to his house. "It broke my heart, knowing I drop off my child every day at school in their hands. They are now responsible to be his safety, to keep him out of danger. This really breaks my heart," said Carbonel. Carbonel says panic turned to frustration when she learned how the school handled the situation. "They should've called 911, called the police, then called me, and I could've helped. I could've been somewhere; I could've come home, I could've been here for my son when he was looking for me," said Carbonel. But instead, the principal went to look for Cole herself, driving to the family's home. She found Cole inside the house, watching television on the couch, and proceeded to take him back to the school and call Carbonel. "It broke my heart that a little kid could be running the streets, and no one called his mom," said Carbonel. She's grateful he made it home safe, but Carbonel says she can't help but wonder what could have happened to him on the walk home. The military family is new to the district, and Carbonel says she's been advocating for her son to have a one-on-one aide as he did in his last school district. She was pushing for more support for her son so that an incident like this wouldn't happen. SDUSD says as a result of this incident, they are going to add an additional staff member to provide above-and-beyond support to Cole's classroom. They also plan to schedule an Individualized Education Program (IEP) review to reassess his needs.Miller Elementary's principal provided 10News the following statement: 1945
SAN DIEGO (KGTV) — As the elderly population is told to stay home to protect themselves from coronavirus, a group like ElderHelp is necessary. ElderHelp has been helping seniors with anything from giving rides to grocery shopping for decades. Now, they have adapted to COVID-19 restrictions, with a system where volunteers pick up groceries from the nonprofit's hub, then drive the food and supplies to the seniors’ homes to deliver without contact.ElderHelp has seen a 773% increase in requests for service since the pandemic began and now completes 522 deliveries on average every week.Carol Greene is one of the seniors who has food delivered to her San Diego home and said the communication with the staff brightens her days.“I look at ElderHelp as all the sunshine. You might be at home on your normal, boring day at times and whoop there’s the phone,” she said.They just received a 0,000 grant from the San Diego Foundation but say they are still always in need of both donations and volunteers, especially in light of the recent increase in demand.Nicole Darling has been volunteering with ElderHelp since 2003 and said the seniors appreciate the food, but always seem to enjoy the interaction as well, especially during a time of isolation.“It’s a small amount of effort to make a huge amount of good for people who are really vulnerable and alone,” said Darling. 1382
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