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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) — As California deals with its worst energy crisis in two decades and the threat of more rolling blackouts, a lot of people are wondering who -- or what -- is to blame.Energy experts say last weekend’s blackouts are raising new questions about the way the state manages its electrical grid. California is the only state in the west that uses an independent system operator, an entity known as Cal ISO.“This is really just a demonstration that the reliability of the grid is less reliable with [Cal ISO] than when we just had regular utilities,” said San Diego-based energy consultant Bill Powers.Cal ISO manages 80 percent of California’s power grid. It manages the flow of electricity for investor-owned utilities like an air traffic controller manages the flow of privately owned airplanes down a runway. City-owned utilities like the Los Angeles Department of Water and Power are not part of the Cal ISO system.Cal ISO, previously known as CAISO, was formed in 1998 after regulatory changes during the Clinton administration that were designed to make the energy market more competitive.Powers said the fundamental idea was simple: “instead of having these monopoly utilities controlling everything, let's open up the transmission systems.”But it didn’t take long for flaws in the system to emerge. In 2001, market manipulation from companies like Enron prompted dozens of rolling blackouts.In other states like Arizona, utilities are responsible for the electrical transmission within their service territory. Those utilities are able to rapidly respond if conditions prompt the need for additional power generation, Powers said.“[It’s] one-stop shopping. Here it’s two-stop shopping,” he said. “You've got another layer of fat in there. And if that layer of fat is playing the game a different way, simply making sure everyone is covered, then you have the potential to have a breakdown. And we're now experiencing a breakdown.”The most recent major breakdown was in 2011, when 1.4 million San Diegans suddenly found themselves in the dark.A federal investigation into the Great Blackout of 2011 cited “inadequate real-time situational awareness” -- basically bad grid management -- and faulted several entities, including Cal ISO.Edward Lopez, the executive director of the Utility Consumers’ Action Network, said last weekend’s rolling blackouts were another example of bad grid management.“This is an indication that, again, this statewide organization needs to be better prepared and ready to jump into action quicker,” he said.Cal ISO blames another state agency for the recent rolling blackouts, the California Public Utilities Commission, along with California’s evolving energy portfolio.About one-third of the energy California now generates in-state is from renewable sources like solar and wind. When clouds roll in and the winds subside, that can be a problem.“Lack of resources, the heat, those go into account,” Lopez said, “but on the other hand, this was not unpredictable.”Even though more Californians have been staying home due to the pandemic, last weekend’s conditions were not particularly remarkable, he said. With the impact of climate change, above normal temperatures are expected to become more common.One solution to California’s renewable energy problem, he said, is to invest in more energy storage.Cal ISO’s own data shows energy demand last weekend was lower than in previous peak years and there were reserves available, Powers said.“Why do we keep reserves if we’re not willing to use those reserves when conditions get tight?” Powers said.City-owned utilities like LADWP that are independent from Cal ISO did not experience rolling blackouts, one reason Powers thinks there’s a problem with California’s energy air traffic controller.“Maybe we need better rules. Maybe we need a different system,” he said. 3871

SAN DIEGO (KGTV) — Business associations in North Park and Normal Heights are pushing back against a plan organizers say could bring more customers to their parts of town.Leaders from both business improvement districts are expressing coronavirus-related concerns over a scavenger hunt the city and the San Diego County Bicycle Coalition are planning beginning Aug. 12 and lasting two weeks. "It's unpredictable, especially in this environment, when you're going to invite people to get out of their house for the first time," said Scott Kessler, who leads the Adams Avenue Business Association. "We just don't know what to expect."Organizers say the event is all about social distancing. Participants download an app called Scavify, which they use to do things like find landmarks or answer trivia questions. Local businesses decide how much they want to be involved. "Most of this engagement is done outside, socially distanced, and it's just about highlighting businesses and community organizations," said Sylvie Froncek, program director at the Bike Coalition. But the business organizations say they are concerned about a lack of organization and late notice. "We welcome shoppers, diners and people in need of essential services but we do not support any gatherings that cannot be managed or overseen for safety protocols. Bike events have traditionally brought great benefit to North Park because of the number of people who see them as a way to connect with friends while enjoying outdoor activity," Angela Landsberg, who directs the North Park Main Street Association, said in a statement. "Unless these events can be managed to ensure proper safety for our community at this time we believe they could do more harm than good."Others say that fear is unfounded. The coalition held a scavenger hunt earlier in July in Imperial Beach, an event Councilman Mark West said was such a big success that they have scheduled another one."No one needs to be afraid of this, they need to embrace it and enjoy it because it's good for businesses, it's good for families and it gets you outside," West said. In a statement, the City of San Diego says the event is a safe and virtual opportunity to support local business. It says it continues to seek creative ways to support local business and encourage healthy options. 2327

SAN DIEGO (KGTV) - Authorities have identified the pilot killed in a plane crash in the Kearny Mesa area Wednesday morning as 61-year-old Dr. John Serocki. According to authorities, just after 6:30 a.m., a Cirrus SR22T crashed nose-first in a construction site in the 4400 block of Ruffin Road, blocks away from Montgomery Field.San Diego Fire-Rescue Department officials confirmed Serocki, who was the plane's lone occupant, died in the crash. Officials said no injuries on the ground were reported.Fire officials said the pilot appeared to have made an attempt to deploy a parachute, but it did not fully open.TIMELINE: Small plane crashes in San Diego CountyOfficials did not immediately confirm the plane's destination, but a witness told 10News the plane took off from nearby Montgomery Field and was heading east when it went down.Due to the emergency response, Ruffin Road is closed between Ridgehaven Court and Balboa Avenue. National Transportation Safety Board (NTSB) and FAA investigators, as well as the county Medical Examiner, were heading to the scene. 1095

SAN DIEGO (KGTV) — As Pfizer’s COVID-19 vaccine rolls out to healthcare workers, at least four have had severe allergic reactions after getting the shot.The cases include two healthcare workers in Alaska and two in the UK. In the UK cases, both individuals carried epipens.“So these were people with a history of severe allergies and not just severe allergies like you got hives, but they had allergies where they encounter certain things in the environment and their body shuts down,” said UC San Francisco infectious disease expert Dr. Peter Chin-Hong.All four have apparently recovered.At this point, doctors aren’t sure what caused the reactions. Generally speaking, allergies when your immune system overreacts to something harmless.Pfizer’s vaccine has 10 ingredients that fit into four categories.The active ingredient is mRNA. These are temporary genetic instructions for your cells to build a small, harmless fragment of the virus’ shell to train your immune system, similar to setting up a punching bag to train a boxer.Then there are fats to stabilize and transport the mRNA, salts to maintain the pH, and sugar to prevent the solution from degrading while freezing.All the ingredients are considered standard. Dr. Chin-Hong says he was struck by what’s not in the vaccine.“They didn't have egg products or any of those kinds of things that people might be allergic to,” he said. “They didn't have live virus, which might also elicit a response.”The only ingredient with a history of allergic reactions is polyethylene glycol, or PEG, one of the fats that acts as an oily bubble for the mRNA.PEG is also in Moderna’s vaccine and it’s common; it’s found in ultrasound gel, laxatives, injectable steroids and other products.Although PEG allergies are rare, the FDA says people who are allergic to any of the 10 ingredients should not get the vaccine.However, experts say people with common allergies should not worry.“A lot of people have minor food allergies or bee-sting allergies or peanut allergies or environmental allergies,” said Dr. Christian Ramers of Family Health Centers of San Diego. “They may even carry an epi-pen because sometimes it gets severe. Those people would not be excluded from getting this vaccine.”The American College of Allergy, Asthma and Immunology issued guidance saying people with those common allergies, including to latex and medications, “are no more likely than the general public to have an allergic reaction” to the vaccine.After every shot, people who get vaccinated have to wait 15 minutes so healthcare workers can monitor them for a reaction. Should one occur, interventions like epi-pens are very effective.The FDA said people with a history of allergic reactions to vaccines or injectable drugs can still get the shot, but they should wait 30 minutes for slightly longer monitoring.The odds of having a severe allergic reaction to any vaccine is about 1 in 760,000. That means you’re more likely to be struck by lightning in a given year, which the CDC estimates is about 1 in 500,000. 3048