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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) - California's stay at home order may be in effect, but you can still hear the sounds of heavy machinery and hammers banging across San Diego County.Construction was deemed essential, allowing builders to continue working."Not only have we been able to pull permits, but we can call our inspections," said Gregg Cantor with Murray Lampert Design, Build, Remodel.Companies like Cantor's business have changed, but it keeps moving.He said employees who can are working from home, client calls are happening remotely, and inspections are taking place at a distance or in some cases through videos and pictures."We're conscious of social distancing as well as making sure we don't have more than five or six people at any given time on the job site," Cantor said.Local companies aren't the only ones changing how they operate.The City of San Diego's Development Services Department (DSD) laid out a series of changes to protect city staff and customers."The city is taking necessary preventative safety measures while being responsive to the business needs of our customers," said DSD Director Elyse W. Lowe. "DSD employees will continue to work with customers to limit delays to project approvals and keep the city moving forward. We are quickly leveraging available technology to increase our options and continuously implementing new safety measures in response to this unprecedented global pandemic."Changes include revamping the residential inspection process by now allowing for photos to be submitted instead of in-person physical inspections for qualified residential project, granting all qualifying building permit applications and issued building permits an automatic 180-day extension, and establishing an unstaffed document drop-off area for customers to submit project files and documents in the first floor of the Development Services Center."We're still very grateful that we are able to send our crews out every day," said Borre Winckel, president and chief executive officer of the Building Industry Association of San Diego County.Winckel said there were some early hiccups with building inspections across the county, but things have smoothed out."We were promised they would send the inspectors out as long as the conditions were safe," he said. "So it was very important for us since we're an outdoor activity that we created this safe and healthy environment for our workforce and the inspectors."Winckel said right now building is a business and plans are getting reviewed, but he pointed to New York and Washington where some construction is either blocked or building is only approved for projects deemed essential.Winckel said in California some have asked the governor to stop in office reviewing of plans."If we don't go beyond current construction and can't be processing plans anymore, that would just create a disaster for us and housing in the future," he said. "So there's a bit of tension there."For now, the show goes on."Most of the people want to keep moving forward," Cantor said. "There are some people that just want to pause for a second, but they are not canceling out on doing the work." 3152

SAN DIEGO (KGTV) -- California will close state beach parking lots in San Diego County ahead of July Fourth.In a news release Friday, the state listed San Diego among six other counties where parking will also be closed at state beaches.Other state park units will remain open, according to the state, but State Park staff will monitor visitation to ensure compliance with public health orders."Everyone has the responsibility to mitigate the spread of COVID-19, including in the outdoors," the state said. RELATED: Oceanside to close beach parking lots to limit holiday weekend crowdsIn addition, the state says current camping reservations at all state parks will be honored over Fourth of July weekend.The news comes after the City of Oceanside decided Thursday to close beach parking lots over the weekend in an effort to limit holiday gatherings. 859

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

SAN DIEGO (KGTV) -- Border Patrol agents arrested a man Thursday they say had more than 100 pounds of narcotics in his car.According to the agency, the arrest happened just before 11 a.m. on October 8 along Interstate 15 near Vista.Border Patrol says agents initiated a vehicle stop “on a suspicious 2015 Chevy Camaro” when a K-9 alerted authorities.After searching the car, agents found 68 bundles of cocaine and crystal meth hidden inside the vehicle’s quarter panels and cowling. The narcotics have an estimated street value of more than 8,000.The driver, who is a US citizen, was turned over to the Drug Enforcement Agency.Since October 1, Border Patrol says it has seized over 491 pounds of cocaine, 7,169 pounds of methamphetamine, 178 pounds of heroin, and 383 pounds of fentanyl. 798

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