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SAN DIEGO (KGTV) — Border Patrol is gearing up for what they anticipate to be a busy summer of illegal border crossings. The agency showcased its tools and tactics Tuesday at a site near the former border wall prototypes. Five migrants suspected of crossing illegally were rescued by Border Patrol several miles east of where the demonstration was occurring in the Otay mountains. Border Patrol says a member of the group called 911 early Tuesday morning after they ran out of food and water. One of the people from the group had to be airlifted because of a leg injury. Customs and Border Protection says they detain 170 people a day trying to illegal cross the border in San Diego sector. CBP adds with more the secondary wall project being completed, people are crossing in more remote areas and putting themselves in more dangerous situations. “A lot of the people we’re encountering are surrendering themselves agents,” said Justin Castrejon with Border Patrol. Agents are certified through the state of California to respond in medical capacity similar to EMT’s. 1076
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) - Approximately 900,000 San Diegans who pay for sewer services may have had their rights violated.It’s part of what being alleged in a massive new class action lawsuit against the City of San Diego, its Public Utilities Department and the San Diego City Council.The suit calls it an “illegal financing scheme”. Attorneys who brought the suit claim the issue surrounds the city’s million smart water meter system and how it was paid for. The lawsuit alleges the city knowingly used about million from the city's sewer fund instead of the city's water fund to help pay for that meter system.Subsequently, hundreds of thousands of San Diego sewer ratepayers were allegedly misinformed about what their money was being used for. Attorneys argue sewer ratepayers were quite possibly paying for a system that they did not necessarily benefit from- the smart water meter system. It’s still unknown whether there were any rate hikes directly tied to this.The suit claims the situation was an unconstitutional grab of million in funds.The San Diego City Attorney’s Office is reviewing the complaint and will respond through the court. 1183
SAN DIEGO (KGTV) — Border officials say they seized more than .1 million in narcotics in two days at ports of entry in San Diego and Imperial Valley counties.Monday, a 45-year-old Mexican citizen driving a commercial bus was stopped at the San Ysidro port of entry and underwent a secondary screening. A K9 officer detected narcotics in the vehicle's gas tank.Officers found 229 pounds of cocaine, 23 pounds of fentanyl, and more than six pounds of heroin in the gas tank. In a second incident, on Tuesday, agents stopped a 23-year-old U.S. citizen at the Calexico East port of entry and referred them to a secondary screening. The port's imaging system screened the vehicle and noticed an anomoly in the back seat. A K9 officer also made a positive detection.Officers discovered 73 wrapped packages of methamphetamine hidden in the back seat, firewall, glove box, and inside vehicle panels.Later that same day, at the Calexico West port of entry, a 35-year-old Mexican citizen was found to be smuggling narcotics in the same manner.Imaging and a K9 officer detected narcotics, leading officers to find 50 wrapped packaged of methamphetamine inside vehicle panels.CBP officials seized all of the narcotics, valued together at more than .1 million.“Seizing these 400 plus pounds of narcotics is not only about keeping drugs out of our communities,” said Pete Flores, Director of Field Operations for CBP in San Diego. “It’s also about keeping millions of dollars in profits away from transnational criminal organizations, and preventing the ensuing crime and chaos they cause on both sides of the border." 1617
SAN DIEGO (KGTV) — As the unofficial start of summer came and went, one thing that many San Diegans were without was the use of community pools.Reopening community and apartment pools is listed in San Diego County's pilot program to phase into California's Stage 3 of reopening early.The county has submitted a letter petitioning the state to be allowed to enter the pilot program, but has yet to hear back.RELATED: Is it safe to swim in pools this summer amid COVID-19? CDC offers guidanceWhile Memorial Day weekend say many Americans looking to cool off, the Centers of Disease Control and Prevention offered new guidance on community pools. The agency says currently, "there is no evidence that the virus that causes COVID-19 can be spread to people through the water in pools, hot tubs, spas, or water play areas. Proper operation and maintenance (including disinfection with chlorine and bromine) of these facilities should inactivate the virus in the water."But for San Diego County, health officials are leaning on the state for the go ahead on pools. Sarah Sweeney, communications officer with the county's Health & Human Services Agency, says the risks go beyond pool chemicals.RELATED: Gov. Newsom: Reopening guidelines for California gyms, fitness businesses coming soon"In the case of pools, it’s not the water that’s the concern. It’s the gathering of individuals across different households for extended periods," says Sweeney.The county's public health orders allow for water activity in the ocean, bays, and lakes. But health officials says it's unlikely that large groups will swim together in the ocean and people aren't expected to wear facial coverings while engaged in active water sports. 1722
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