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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) - Car owners at a senior community in University City woke up to a messy surprise Tuesday morning. Louise, who asked 10news not to identity her, went to her SUV which was parked on Kantor Street, and her heart sank."I walked to my car and saw that the window had been burst.  It was terrifying," said Louise.Glass was everywhere and inside her vehicle was another mess.  Her glove compartment had been tossed, her insurance and registration scattered.  Nothing was missing, but Louise is nervous."Very afraid of the personal information now they know what address I'm actually at," said Louise.It appears someone took a bat or something like that to bash the window, before unlocking their passenger door.  Louise is not the only victim.  Nearby there were more vehicles hit, some 14 in all.  The windows on those vehicles were also shattered.  Some items were stolen and the repairs will cost hundreds of dollars for each incident."A lot of people on fixed incomes. This is really hurting them, because it is costly to put these windows in these cars," said Louise.If you have any information on the case, call the San Diego Police Department's Northern Division at 858-552-1700. 1245

SAN DIEGO (KGTV) -- As COVID-19 cases continue to surge across California, many San Diego County businesses are struggling with the latest restrictions. Richard Bailey, mayor of Coronado, is now asking California Gov. Gavin Newsom to reconsider the latest stay-at-home order.Bailey called the order inconsistent, arbitrary, and ineffective."Shutting down businesses that are not contributing to the spread of COVID will not reduce the number of cases, will not reduce the number of hospitalizations, but it will put tens of thousands of people out of work," said Bailey.Restaurants can no longer offer outdoor dining and playgrounds are closed. Personal care services, hair salons, and barbershops are just some businesses that have to shut down for three weeks. Bailey said while COVID-19 cases and hospitalizations rising should be taken seriously, some of these closures don't make sense."We should all have a really firm understanding of what our risk level is based on our own demographics and our own underlying conditions. There's no data to support that outdoor dining is a significant risk for transmission," Bailey said.In the letter sent to Newsom on Monday, Bailey asked for a reconsideration of the latest health order based on data specific to San Diego County and a new public health strategy."We should treat citizens like adults and put in place recommendations that really emphasize all the best practices that will slow the spread," he said.Dr. Mark Ghaly, the state's Health and Human Services Secretary, explained Tuesday that only 10 percent of ICU capacity is currently available in the Southern California region, which San Diego County falls into."The transmission is now so widespread across our state that most all nonessential activities create a serious risk for transmission," said Ghaly.He said part of the regional stay-at-home order is based on our experiences with flattening the curve earlier this year and the success of other countries that implemented similar shutdowns."Belgium, when they imposed a nationwide closure, the positivity rate in just three weeks fell from 21 percent to 8 percent," said Ghaly.Bailey said there should be a better plan to slow the spread without causing significant harm to small businesses along the way."They're picking winners and losers, and unfortunately big businesses are the winners, and small businesses that can barely afford it are becoming the losers," said Bailey.In the meantime, Bailey is encouraging business owners to follow the state orders, so places like salons and restaurants don't lose state licensing."We're really just trying to help businesses be compliant to the state order," he said.Newsom has yet to respond to Bailey's letter. 2733

SAN DIEGO (KGTV) — Businesses in the Gaslamp District were evacuated Saturday due to a natural gas leak. San Diego Fire crews evacuated several business in the area of Fifth Avenue and E Street in the heart of the Gaslamp District. All streets within a one block radius, from F St. to Broadway and Fourth Ave. to Sixth Ave., have been blocked off. Police are asking pedestrians and drivers to avoid the area.No injuries were reported. No estimation as to how long the businesses would remain evacuated was immediately available. 10News is monitoring this breaking news story. 583

SAN DIEGO (KGTV) - By a unanimous vote, the San Diego City Council voted Monday to hike pedicab fees, making it nearly twice as costly to be a pedicab driver.      Police say the increase for annual operator fees from 2 to 9 is needed because of extra enforcement, including aggressive inspections and undercover operations targeting price gouging.Ali Horuz, who manages four different pedicab companies, says the higher fees will be a hardship, especially for drivers getting into the business.  He says right now, the local market is short about 50 drivers."It's going to be harder to find qualified drivers. We're competing against Uber and Lyft. It's definitely going to affect the market, where we are going to see fewer pedicab drivers," said Horuz.While the number of drivers is shrinking, the regulations may be increasing.  Citing complaints from the community, Councilman Chris Ward wants the city to set a uniform rate structure, while banning loud horns, flashing lights and amplified music. Horuz says the lights and loud horns are needed safety precautions, while overly loud music is a product of a few bad drivers.A council committee will look at the proposal Wednesday. 1240

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