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SAN DIEGO (KGTV) — By Saturday, many businesses will be shutting their doors all over again as San Diego County deals with a new round of restrictions in the purple tier."The overwhelming majority of folks who are doing it right are forced to be punished because of the individuals who choose not to," said Nathan Fletcher, San Diego County Supervisor. "Where we are now in a situation where we're faced with all bad options."The county's public health officer, Dr. Wilma Wooten, recently requested the state reconsider San Diego County's tier placement and keep the county in the red tier. She argued that data from October revealed the county's increased COVID-19 cases are not because of the sectors that would be impacted the most by moving into the purple tier. The request was not approved."We're going to continue to work to do everything we can with the state to have an approach that's right," said Fletcher.He said it's essential that every jurisdiction across the county does what it can to reduce the spread of COVID-19."We have to come together," he said. "There are limits of what the county can do when it comes to enforcement; we really need the help of the law enforcement agencies."But some say this has gone too far. Many business owners are now choosing to defy the orders and stay open to ensure their business survives, and employees still have a job.El Cajon Mayor Bill Wells said he has taken many calls and emails about the struggles business owners face in his jurisdiction.Some say defying the orders and keeping their doors open means keeping food on their family's table. Wells said having police respond to COVID-19 related complaints won't be a top priority."A lot of us believe the government is overreaching in the situation and so, the county, if this is what the county wants to do, then they're going to have to do the enforcement," said Wells.Fletcher said the only way to get back to a sense of normalcy is to understand how serious this pandemic is and tackle the problem together."There is no functioning economy when you get out of control spread of a pandemic," said Fletcher. "So when you have the mayor of a city and jurisdiction say they're going to ignore and defy public health orders, that sends a signal to people that this is not serious and they don't need to worry about it ... That leads to an increase in cases, an increase in deaths, and more closures." 2416

SAN DIEGO (KGTV) — Assemblymember Todd Gloria, D-San Diego, praised state lawmakers for sending a bill to the governor that would restrict gun shows at Del Mar Fairgrounds.Assembly Bill 893 would ban the sale of guns or ammunition anywhere on the Del Mar Fairgrounds property beginning in 2021, according to Gloria's office. The bill passed the California Senate 27-11 Tuesday.Anyone who violates the bill could face a misdemeanor charge, according to the bill.Gloria is a co-author of the legislation alongside Assemblywoman Tasha Boerner-Horvath, D-Encinitas, and Assemblywomen Lorena Gonzalez, D-San Diego.“This is a victory for gun sense and making our communities safer in San Diego,” said Gloria.“This bill is about offering more than thoughts and prayers. It’s about policy and action and listening to the communities around the Fairgrounds who no longer want these events taking place. In California, we value people over guns and this bill makes that clear."Gov. Gavin Newsom has until Oct. 13 to sign or veto the legislation.Gun shows at the fairgrounds has been hotly debated over the last year. In September 2018, the 22nd DAA's Board of Directors voted to temporarily suspend gun shows at the Del Mar Fairgrounds until the state developed new safety policies around them. The decision ended the Crossroads of the West gun show's contract with the fairgrounds after nearly three decades.In February 2019, the three Assemblymembers introduced AB 893 into the state Assembly. The bill passed the Assembly 48-16 in April. Then in June 2019, a judge ruled that gun shows could continue at the fairgrounds while the court considered a lawsuit against the fairground's decision to suspend the shows.Throughout the the back-and-forth, the legislation has been opposed by the NRA, Gun Owners of California, and the California Rifle and Pistol Association. 1867

SAN DIEGO (KGTV) — As COVID-19 cases surge, Governor Gavin Newsom says he’s considering the possibility of a statewide curfew that could draw on examples from Europe and the Middle East.The restrictions could also be informed by policies in San Diego County. The state has asked San Diego County to provide information about its 10 pm mandated closure policy for restaurants, a county spokesman said.Starting Friday, Los Angeles County will enact a similar measure it’s calling a “business curfew” that will require restaurants and other non-essential businesses to close at 10 pm.“We have a lot of questions about what [a statewide curfew] looks like,” Newsom said in a press conference Monday. “Who does it impact? Who doesn’t it impact? What does a real curfew mean in terms of certain kinds of industry and business activities? That’s what we’re referring to in this space.”Newsom seemed to suggest a statewide curfew isn’t a foregone conclusion, but said he is reviewing studies on curfews in France, Germany and Saudi Arabia. He later cited Portugal as another potential example.The decision on how to craft a curfew policy will be based on data from those studies, he said.In all four countries, restrictions have changed over time and it is not clear which iterations California is reviewing. The California Department of Health declined to provide more information when contacted Tuesday.“If we have additional details, we'll let you know,” a spokesperson said via email.Under France’s old rules, restaurants and bars had to close from 9 pm to 6 am. In Germany, restaurants previously closed at 10 pm. However, many European countries announced more strict lockdown measures in October amid surging rates of transmission that include limits on movement and travel.“Where there are areas that are very high risk, do you close them off in some way to not allow the spread to the areas with lower risk? We’ve seen that across the world,” said San Diego State University epidemiologist Dr. Eyal Oren.Under France’s new month-long lockdown, police ticket people who do not carry written permission justifying their need to leave home for a valid reason. Valid reasons include going to work, buying groceries, getting medical help or taking a child to schoolFrench citizens are allowed outside to exercise for one hour a day.In most of Portugal, shops close at 10 pm, restaurants close at 10:30 pm and people have to be in their homes by 11 pm with limited exceptions.On Saturdays and Sundays, the restrictions take effect even earlier: people have to stay home starting at 1 pm. There are also police checkpoints limiting travel between cities.Restrictions in Saudi Arabia have eased as the country prepares to host the G20 summit, but from March until late June the kingdom imposed a series of curfews that significantly limited movement.At times, police enforced a so-called “24-hour nationwide curfew.” Under this policy, people were only allowed outside their homes from 6 am until 3 pm for essential purposes like getting medicine, food or supplies. Individuals who left home were required to stay within their specific neighborhood; they were prohibited from traveling to other parts of a city.“Areas can be cordoned off to restrict transmission and that can work,” Dr. Oren said. “The degree to which people want to have the government do that is a whole different kind of question.”Dr. Oren said studies have shown links between curfews and lower case rates, but he says compliance and enforcement of those policies can be challenging.Many European countries paired their restrictions with big financial assistance programs to make them more popular. In Saudi Arabia, the kingdom covered 60 percent of employee salaries in the private sector and made healthcare free for everyone in the country.If the upcoming restrictions in Los Angeles County are any indicator, California’s statewide curfew could be very similar to restrictions already in place in San Diego County. But Dr. Oren said there would still be one significant difference: messaging.“I do think some of the words we’ve been using have become kind of stale,” he said, referring to phrases like stay-at-home orders.Simply labeling a policy as a “curfew” might help change the public’s perception of the dangers of the pandemic, he said. 4319

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) — County health officials say they are taking aggressive measures to contain a flu outbreak at San Diego's migrant shelter. At least 16 migrants have shown flu-like symptoms; all were recently flown to San Diego from Texas by the U.S. Department of Homeland Security Immigration and Customs Enforcement.Three migrants tested positive with a rapid influenza test."In order to take steps to prevent the spread of the disease we've become more aggressive in treating everyone with symptoms, regardless of when those symptoms started," said Dr. Dean Sidelinger, Deputy Public Health Officer for the County.RELATED: Flu outbreak sickens over 30 migrants at border centerBefore being admitted to the shelter, migrants undergo medical screenings.Migrants with flu-like symptoms are being isolated off-site in hotel rooms, along with their family members who are receiving preventative medicine.On Thursday, County Supervisors Dianne Jacob and Nathan Fletcher expressed their continued frustration with the federal government's handling of the migrant crisis. "Had we not taken these steps these migrant families would have been released by ICE at bus stops or transit centers without the medical screenings, without the treatment, without the attention, and without the help and support that we have provided. This could have proved disastrous for our region," said Fletcher. Fletcher says while they don't know how many people may develop flu-like symptoms in the days and weeks ahead, they are actively monitoring the population. Jacob says they are expecting more planes of migrants, possibly three planes a week. 1637

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