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SAN DIEGO (KGTV) -- Businesses near the border say they’re taking a hit because of the chaos at the border, and it couldn’t come at a worse time.Just blocks from the border, a local business owner says his shop is normally buzzing with shoppers.Owner Jamie Gonzales says sales have taken a hit from the border crisis. “We had to shut down business yesterday,” said Gonzales.RELATED: Commuters in turmoil after migrants rush borderHe has three stores that all closed yesterday. Not a single customer in sight. 90 percent of his workers are from Tijuana and couldn’t get there.He says business has been down 40 percent in the last month. It couldn’t have come at a worse time.RELATED: More troops being sent to California border“With all this uncertainly our business has been impacted in a bad way the Christmas season.” Many business owners in the area also say they’re struggling due to the crisis at the border. 931
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) -- California’s new gig economy law was meant to help rideshare drivers and other freelance workers get better benefits, but some critics say it’s threatening the spirit of Christmas itself.Those critics are mall Santas, who have traditionally been hired as independent contractors through third-party bookers or employment agencies.Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego), those workers must be reclassified as employees with insurance and other benefits.“Lorena Gonzalez, she might kill all the Santas. She might kill the Easter Bunnies,” said Steve Schafer, the president of the San Diego chapter of the Fraternal Order of Real Bearded Santas.Some Santas warn that bookers may go to great lengths to avoid paying employee benefits. “I don't know how someone can justify this,” said Jerry Tamburino, a Santa who has worked for more than a decade at a large commercial store.Tamburino said his agent notified him Tuesday that she would replace him and other Santas at a chain of California retail stores with out-of-state St. Nicks.“That's what [the booker is] being forced to do to address -- or evade -- or stay in business with this stupid law,” he said.Bringing in out-of-state workers to skirt AB-5 would violate California law, since labor laws apply to anyone performing work in the state, said Gonzalez’ office. But Tamburino said it would be hard for regulators to enforce.Malls and stores could hire Santas directly as independent contractors, Gonzalez’ office noted, since that kind of relationship passes AB-5’s three-pronged test.To do so, Tamburino said he would have to form his own LLC and said he doesn’t have the experience to run his own business.Tamburino said he would begin reaching out to other Santa-booking agencies in hopes they will hire him as an employee, but there’s a lot at stake: he receives about half of his annual income from Santa jobs. 1938
SAN DIEGO (KGTV) – Connecting children, teens, and families to the power of reading has been the mission of San Diego nonprofit Words Alive for more than two decades.During this pandemic, they haven’t skipped a beat.“The San Diego community is so deeply invested in the importance of literacy and just how critical literacy and education are for the success of our students,” said Rachael Orose, Executive Director for Words Alive.Teaching kids reading and writing skills at a young age is key to that success. Orose said through Words Alive, teachers and volunteers are making sure all students have the opportunity and tools to learn through several different programs, including Read Aloud, Teen Services & Family Literacy.“All of the data tells us if we can make you a reader, your family will be a reader. The students who we serve are often in low-income neighborhoods; they’re wrestling with homelessness, hunger, poverty, violence,” she said.This year alone, Words Alive has received thousand of book donations through community partnerships, most recently on Wednesday.“We picked up just over 1,700 books thanks to a partnership with the San Diego Council on Literacy and Houghton Mifflin Harcourt. Those books are zero to 18, they’re headed to the Monarch School in the coming weeks,” she said.“With Words Alive, the books actually belong to the students, they’re able to write in them, they’re able to annotate them” said Jeffra Becknell, who teaches high school history at Monarch School, which serves students K-12 impacted by homelessness. “Having a physical book in their hand is such a wonderful feeling.”Becknell has been participating with Words Alive’s Adolescent Book Group program for ten years. “The Adolescent Book Group has been an amazing experience for my students and me; the volunteers come into the classroom, we read a book together, and then we have a book club discussion about it,” she said.During this pandemic, discussions have moved online, but the mission has remained the same.“We had our Adolescent Book Group online; we had it as a Zoom call. Clearly, it’s really different, but it was the same conversation,” said Becknell.Perhaps most importantly, Orose said Words Alive makes representation a priority.“The content reflects their lived experience, the characters look like the students we serve, the authors have similar experiences,” she said.Words Alive currently has more than 1,000 volunteers but is always looking for more. To find out how you can become involved, click here. 2537
SAN DIEGO (KGTV) - Ask anyone, and they'll probably tell you they're going through "COVID Fatigue."It's a thing. In fact, UC Davis Health defines it in a study as tired of being cooped up, tired of being careful, and scared. But what if we told you we could end this pandemic in just five weeks? An MIT-trained physicist claims he has a theory that can do just that."I am a physicist and complexity scientist, and I've been working on pandemics for 15 years," said Dr. Yaneer Bar-Yam from his Massachusetts home.Dr. Bar-Yam is president of the New England Complex Systems Institute. He's a data scientist who studies pandemics and is an expert in controlling infectious diseases. His recommendations were partly responsible for stopping Ebola in 2014, and he claims his complex theory could do the same to stop COVID-19 before a vaccine arrives."The crazy thing is we're always just about five weeks away from getting rid of this disease," said Dr. Bar-Yam.Sounds promising, but his theory takes discipline."What we really need to do is implement a set of very strong actions," added Dr. Bar-Yam.Those actions are on his website EndCoronavirus.org. There are nine specific measures to crush COVID-19 in just five weeks and fully reopen our economy, our schools, and our lives."The most important thing locally is staying away from other people because the way the disease transmits is by breathing the same air or touching the same surfaces," said Dr. Bar-Yam.One of those measures is a lockdown. But not what you might envision, by being cooped up and unable to leave your house. Dr. Bar-Yam uses a theory called Green Zones, something we could even do at the county level. The goal is to go from neighborhood to neighborhood, on a micro-community level, getting coronavirus cases down to zero."You don't want to travel to other neighborhoods or other areas because that's how you transmit the disease from area to area," said Dr. Bar-Yam.The first two weeks are used to isolate cases and stop transmission for 14 consecutive days. If you're not in a green zone, you can't travel outside your neighborhood. Then, the next two to three weeks are used to effectively test, trace, and isolate anyone capable of transmitting the virus until your community is down to zero cases. Dr. Bar-Yam describes what we're doing now as fighting a house fire by attacking the fire in only one room."That's right, it's all over the place, and we're constantly trying to deal with it. And we have to take super aggressive actions if the fire is burning all of the time," he said.If you don't think it can work, know this: his method was practiced in Ireland, Iceland, and numerous other countries, including New Zealand, where less than five cases a day have been reported since May 3. And yes, it even worked for the most part in China with it's 1.4 billion people. But here's the catch: one of the nine measures to crush COVID is "getting everyone on board." As we've seen recently in Ocean Beach or the religious gathering in Cardiff with people packed together without masks, that's a hard thing to do."Everyone has to say, 'Yes, we're going to do this together. And it's our responsibility,'" said Dr. Bar-Yam. "You can't wait for the government. You can't wait for the mayor, or the county, or the state. It has to be a community decision to do this." 3348
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