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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) -- Drivers in Torrey Highlands saw quite the sight as a hot air balloon landed in front of Westview High School Friday evening.A video circulating online shows traffic continuing to move around the balloon as it made a safe landing on Camino Del Sur.Lawrence and Andrea Sher said they are used to hot air balloons landing near their home on Bryn Glen Way, but said, this time, the hot air balloon was a bit too close for comfort. The couple said the balloon skimmed right over their roof just before 8 p.m. 532
SAN DIEGO (KGTV) — Four rescued sea lion pups and a northern fur seal were released back into the ocean after rehabilitating at SeaWorld.The fur seal was rescued on Mission Beach on Dec. 30, 2019, and the four sea lion pups came into SeaWorld's care over the past two months. All the animals were malnourished and dehydrated, animal care experts said.During their rehabilitation, the animals doubled in weight and were given a clean bill of health by SeaWorld veterinarians. The animals' care givers also made sure the animals could demonstrate they were able to fend for themselves before they were returned to the sea.RELATED: SeaWorld sees high number of sea lion rescuesSeaWorld released the five animals about five miles west of Scripps Pier near La Jolla.Last month, the park released another four sea lions who were under their care back into the ocean.Since the start of 2020, SeaWorld says it has rescued nearly 20 sea lions and seals.SeaWorld told 10News in January that rescuers have seen an unusually large number — about three times the normal amount — of sea lion rescues this winter."The winter storms may be pushing schools of fish out further than seal lion pups can get to. That's probably the reason why they might not find as much fish as they normally would," said Jennifer Zarate, SeaWorld Senior Animal Care Specialist. 1350
SAN DIEGO (KGTV) -- Dozens of San Diegans are calling on the City Council to take action after they say a decision to let people live in their cars is creating homeless camps in their neighborhoods. Sarah Bonesteel has lived in the Pacific Beach area for 20 years. “It’s ruining the neighborhoods,” Bonesteel. Lately, she says camps of people living in their vehicles are destroying the lifestyle for people who live in the area. “It can be 5 or 6 of them all together on a block. I pay a lot to live here by the beach, and it’s ruining the environment.”It’s been about a month since San Diego’s City Council voted to repeal a decades-old ordinance that prohibited people from living in vehicles on city streets. Now, it’s legal again and some residents aren’t happy about it. “There’s pedophiles close to the schools, we can’t take kids to the library anymore. A lot of people drink and do drugs in their vehicles,” Bonesteel continued. RELATED: City of San Diego allows homeless to live in vehiclesAnd it’s not just the beach towns. Off the 94 near Webster, RVs and giant vans line the street, one even equipped with a satellite dish. Frustrated San Diegans like Bonesteel have even created a coalition to try to fight the change. Residents have been sharing photos and stories, like one woman who says her kids witnessed people beating each other outside a van. Another man says teachers at a local preschool are extremely concerned. In Ocean Beach, one woman captured a photo of a dilapidated school bus. “We’re trying to compile information, pictures of it all, so that we have it documented.”Some people living in their RVs told 10News off camera that they don’t have any other options. But how far has the repeal gone? 10News found people on Airbnb trying to rent out vans with “an ocean view.”“We had joked about them maybe doing that, and then there’s been ads and it’s like holy crap, they’re actually going to rent it out,” Bonesteel said. “This is going too far.”Bonesteel has a message for San Diego’s City Council. “Please think about what you’ve done.”10News tried to reach out to councilmembers about the issue, but haven’t heard back. The coalition trying to fight the repeal says they want a sit-down with the council to go over the problems they’ve documented. 2288
SAN DIEGO (KGTV) — Disney officials say they do not believe Disneyland or California Adventure parks will reopen before 2021.During an earnings call on Thursday, Disney Chief Financial Officer Christine McCarthy said the Anaheim theme park will likely remain close through the end of the fiscal first quarter, which ends in late December."While some of our parks are open with limited capacity, we currently anticipate Disneyland resort will remain closed at least through the end of the fiscal first quarter," McCarthy said.RELATED: San Diego County businesses sue amid rollback in reopening restrictionsMcCarthy added that the company does not have any indication of how long restrictions on theme parks will last.California introduced reopening guidelines for small and large theme parks in October. Small theme parks with a capacity of less than 15,000 visitors can reopen in the state's moderate (orange) tier while large parks like Disneyland can reopen in the minimal (yellow) tier.Orange County is currently in the red tier and would need to post two weeks of orange tier data to move forward. The county would need to do the same to move into the yellow tier. Disney's Anaheim parks may then need time to prepare for visitors if able to reopen.RELATED: California rejects San Diego's request for reopening tier changeDisney CEO Bob Chapek said on the call that California's "arbitrary standard" for COVID-19 guidelines is hurting employees and surrounding businesses.“Unfortunately, we’re extremely disappointed that the state of California continues to keep Disneyland closed despite our proven track record,” Chapek said. “Frankly, as we and other civic leaders have stated before, we believe state leadership should look objectively at what we’ve achieved successfully at our parks around the world, all based on science, as opposed to setting an arbitrary standard that is precluding our cast members from getting back to work while decimating small businesses and the local community." 2007