and that breaking news is in richmond where a woman has been fatally struck by an amtrak train. sky 7 is over the location near cutting and carlson boulevards. we're told the victim was walking on the tracks when she was struck by a sacramento-bound capital corridor train. none of the 61 people on board were hurt. delays will happen because of thens dent. we'll bring you updates through the newscast and through the abc 7 news app >> i'm larry beil. >> and i'm ama sglaets and burned out shell now stands where an apartment complex was under construction in oakland. today we're learning new details about the owner and his dole problems. abc 7 news reporter laura anthony joins us live from

oakland. laura? >> hi, ama. well, the investigators are still here on the scene. meantime, we've learned a little bit more about the history of this property before this project even started. the owner of this building, an unfinished apartment that went up in flames on monday, is the object of a lawsuit by several tennants who were evicted from the property two years ago to make room for this new gutted project. at the time the plaintiffs in the lawsuit lived in this older home. >> it's a combination of things. they had a rodent infestation problem that the city of oakland cited the land lorpd for. there were other habitablity issues such as a lack of heat. there were leaks when there was a rainy season and mold in the unit. >> reporter: last year the tennants filed a lawsuit saying illegal and aggressive tactician were used to evict them and then went on to delllish the homes while they were still in it.

this fire has nothing do with any of his father's prior business dealings. >> absolutely not. he works very hard, and -- and aways has. he puts his heart and soul into his work, and i'm mostly very sad for him >> reporter: as we started talking to you guys, mr mr. magannis walked up, the owner of the building. if you could join me here, sir. first all, what kind of loss is this for you? >> terrible loss, absolutely. it's a tragedy. we've been working here for a year and a half and improve this property and nice building that we can achieve to put it up and all of a sudden it goes up in flames. what do you make out of it, after a lot of efforts and spending a lot of money and meeting all these regulations and efforts and people and concepts, sometimes conflicts, we're able to achieve a lot, and

we lost it. we just lost it. we just hope that we'll be able to recover. we start working with the recove recovery. there's a number -- the fire department is still investigating. they want to make sure that there's -- that they have their rules i guess and -- and we're anxious to get started. >> let me ask you a quick question. you talked about conflicts. we talked to some of the former tennants of the property and they said they had their issues with you in the way they were evicted. some of the surrounding folks say they have had some issues with maybe fences and demolition ad things like that. what would you say to those folks? >> oh, no, we have a very good rapport with all of our neighbors. there's always fences around. we're always there to make a couple of good fences because we're very proud of our neighbors, especially on the other side and on this side. we have a very good rapport with all of our neighbors. as far as the past we offer the people that were there in the past relocation.

they refused. they are only interested in money, out-of-pocket money, and, unfortunately, this is what transpired back then and this is past due. there's nothing there. we hope that this is not going to interfere with our recovery. >> reporter: let me ask you finally. any idea how the fire started. have they given you any indication? do you have any idea? >> no, no, no. this is very frustrating. i wish that i knew. i cannot explain it. it's not easy to tell, i can imagine, but all i can tell you is that when you have another fire in emeriville of similar circumstances or a similar size building that was there and it was burned out so this became an example for us. we patriot missile paranoid about fire protection and we've followed all kinds of rules and remedies and efforts, and we -- we succeeded. we were surprised, disappointed. >> all right. >> thank you very muchch.

>> we hope that we can recover. >> reporter: thanks for talking with us. there you heard it from ethan magganas. his building. do you plan to rebishlgsd sir? >> definitely. >> reporter: thanks for joining me. >> thanks, guys. >> reporter: >> laura, great job for getting the owner live. the top three candidates for police chief in san francisco might be named in a closed door meeting. community leaders want mayor ed lee to have more choices and believe that an asian-american candidate should be in the running for that post. the police commission says it's been reaching out to various committees in the city. the meeting gets under way at 5:00 p.m. tonight. >> sky 1 was over southbound 101 where a big rig overturned just before the 880 off ramp this morning. our traffic camera on 101 had a good view as crews used a large crane to upright the rig slowly but surely around 11:45. no reports of injuries, but some

fuel did spill on the roadway. and let's take a look at the live look and the traffic in the area looks pretty average for this time of the day. 101 southbound backed up and northbound looking pretty good with 880 flowing in both directions over the top. >> well, after a few days of wet weather which is appropriate for this season, mid-fall is beginning to fall and look like mid-spring. live doppler 7. sunny skies across the bay area and relatively mild conditions and it will get milder. a look at 24-hour rainfall totals. notice how the rain seems to have wrapped around and also missed san francisco. nearly half an inch of rain in san rafael and only .1 in san francisco and .15 in redwood city and .03 in san jose. the totals are a percent of normal totals, twice the average amount for san jose and nearly three times the averages at sfo and oakland and almost 400% of average in napa. right now we're looking at blue skies over the bay from our

rooftop cameras, mid-60s in oakland, san jose and gilroy and this is the view of blue skies over the golden gate. it's currently 67 degrees at santa rosa and napa and 66 in novato and fairfield 65, 67 in concord and milder forecasts still to come in a few minutes. >> ama? >> starting today the world's top surfers will have their eyes on mavericks, the window for the competition will open tomorrow. the event drawings 24 professional big-wave surfers from around the world to compete in the one-day event. the surfers will have one day to get the mavericks from wherever they may be. >> one week away new polls show the race is tighter than ever in the race for the presidency. democrats are trying to make up lost ground and the republicans looking to jump on their new momentum. abc 7 news reporter maggi rulli

with the report now. >> reporter: we see the polls tightening with only one week to go. the daily abc news/"washington post" national tracking poll shows a mere .7 percentage of a point now separates the two candidates. at statistically insignificant amount but a huge change from clinton's double-digit lead last week. the trump campaign hopes it's enough to renew enthusiasm for their candidate. >> we're going to full off the market so it stops burning up our wallets! >> reporter: republican vp candidate mike pence took the lead while the two campaigned in pennsylvania. again, calling for republicans to come home before handing off the mike to trump. >> obamacare has to be replaced. >> reporter: saying he'll call on congress to convene a special session to repeal and replace the affordable care act. meanwhile clinton triples down on the all-important swing state of florida with three get out the vote rallies. intered at the first one by

alicia machado who supported with trump. rallying her supporters while bashing trump. >> sure has spent a lot of time demeaning, degrading, insulting and assaulting women smo with such a tight race both campaigns are making plays on the other team's turf. trump beefing up his ad campaign in the normally blue states of new mexico and michigan while hillary clinton's running mate tim kaine is giving a speech tomorrow entirely in spanish in the normally red state of arizona. m paraggi rulli, abc 7 news. >> san jose has passed a temporary ban on medical marijuana. the head of proposition 64. matt keller has had a look at what the ban means. >> reporter: let's be honest. if proposition 64 failings at the ballot box on november 8th, recreational marijuana use will still take place here in the bay area. but if it does pass, san jose is making sure its hard work

regulating medical marijuana dispensaries in the city doesn't go up in smoke. >> we're hitting the pause button and telling everybody, look, we've got 16 responsible dispensaries today that are providing marijuana to those patients who medically need it. it's time for us to ensure that nobody believes that they can just come in without a permit, without following the rules. >> commercial recreational marijuana activities are not allowed here in san jose. it would also confirm non-medical marijuana is restricted to six living plants and cannot be grown outdoors. prop 64 supporters question the need of an ordinance. >> it's a complete waste of time. it's a waste of taxpayer money and a waste of city resources. >> james anthony is an attorney specializing in medical marijuana law and says everything addressed in this urgency ordinance is already written into prop 64, and if san jose doesn't want commercial operations for recreational marijuana they wouldn't have to allow it. >> the city of san jose is responding like chicken little and tapping a pointless ban on

something that won't be legal after tuesday when the proposition passes by landslide anyway. >> reporter: it will likely take the state at least a year to write all its rules and regulations so even if prop 64 passes, you won't see any new dispensaries popping up until at least 2018. in san jose, matt keller, abc 7 news. >> san jose isn't alone. berkeley, palo alto, foster city, hayward, davis and martinez are trying to pass similar measures before next week. >> if you would like to vote by male this eviction you have only a few minutes to request a ballot. mailed or hand delivered for a vote by mail ballot must be received by the department of elections no later than 5:00 this evening. so we're talking about less than an hour. 50 minutes or so. online applications have to be submitted before midnight. coming up on abc 7 news at 4:00, three bay-area women are being honored by "glamour" magazine as their women of the year, but one of them went

unnamed. she's the bloc brock turner sexual assault survivor and what show's saying for the first time now about the outcome of this trial. and tiger woods announced his plans to get back on the golf course weeks after he backed out of a napa tournament. >> the the backbone of the bay

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"glamour" mag soon has chosen the young woman at the center of the brock turner sexual assault case as one of the women of the year. >> and now we're hearing her for the first time since her accuser was sent to jail. chris nguyen joins us live with the story. chris? >> reporter: months ago it was her words that captivated much of the national spotlight. that impact statement was shared by millions of people on social media. now she's back with a new essay telling the world that more must be done to prevent sexual assault. it was the case that gained international attention. former stanford swimmer brock turner served just three months in the santa clara county jail for sexually assaulting a young woman from pattia after a night of drinking.

today "glamour" magazine shared how emily doe meltly following the sentence. she wrote when it was quickly announced he would be receiving six months, i was struck silent. immediately i felt embarrassed for trying for being led to believe i had any influence. if case was meant to set the bar, the bar had been set on the floor. this after a powerful victim impact statement. students at stanford remember it well. >> i was very emotionally upset and i think i called my mom and i was like, mom, you need to read this. >> i really hope that people don't forget how reading these narratives, including emily. >> reporter: a friend of emily says she's staying strong. she owes received support from people all over the world. for now emily is staying unanimous but her work to fight for justice and sexual assault

awareness is far from over writing victims are not victims, not some fragile sorrowful aftermath. victims are survivors and survivors are going to be doing a hell of a lot more than surviving, these words coming from a young woman who is using her influence to educate and inspire others. the december issue of "glamour" will hit stanford next week. chris nguyen, abc 7 news. >> two other women made the list, alicia garda from oakland along the founders of the black lives moment and also this year bono made the list. he's the first ever man on the women of the year list. "glamour's" editor-in-chief recognizeds the wonderful things bono does for women. >> tiger woods is ready to play after a false start in the bay area. woods announcing he'll return to

action at the hero world challenge next month in the bahamas. tiger is now 40 years old and will compete against 17 other golfers at this event which he is hosting. woods you'll recall committed to play in last month's safeway open in napa and withdrew at the last moment because he said his game wasn't ready following back surgery that kept him out of action all of last season. >> today is november 1st, the start of the winter spare the earth season. >> abc 7 news anchor kristen sze with some changes for this year. >> reporter: yeah, larry and ama, a couple of new initiatives to protect the air we breathe in the area. starting today no new construction is allowed to have wood burning fireplaces or stoves so new fireplaces will have to be fueled by gas or electricity. also the national park service has banned recreational beach buyers as san francisco's ocean beach not just on spare the air days in the past but throughout the entire winter season. the park service actually tweeted this picture of rangers this past weekend enjoying a beach fire pit for the last time

till march. >> this means cleaner air for us here in the bay area. we need to move away from the dirty inefficient heating which is wood burning and move to cleaner options. >> the bay area management district says wood burning is band from now until fair on spare the air alerts. that's on calm cold days where particulates are trapped near the ground. we'll let you know whenever a spare the air day is called. larry and ama? >> thank you, kristen. spencer is here with a look at the forecast. a few days to dry out. >> quite a few to dry out and warm up and more rain is on the way in the next seven days. live doppler seven. clear skies all across the area and sunny and mild, a mid-autumn day and it will get even milder in the days ahead. let's take a look right now at current temperature readings. it's 62 degrees here at san francisco and we have mainly mid-60s in most other locations

near the bay or inland. the clear spot half moon bay at 69 degrees. this is the live view from mt. tam under blue skies looking down on the bay and we'll see sunny and milder days through friday and increasing clouds will develop this weekend and there's a chance of rain on sunday. let's take a look at this approaching rain. here's the storm impact scale with which we rank the intensity of each approaching storm. the storm coming in this weekend late saturday night into sunday is a storm ranking one on the storm impact scale, a storm of light intensity. it will bring light to moderate showers with breezy conditions and rainfall totals possibly between a quarter of an inch and half an inch. forecast animation starting 8:00 saturday evening. if you're out and about saturday night looks like you'll be out under dry conditions. if you stay out all night you may be returning home under wet conditions as we see the rain just around midnight beginning to push down into sonoma county and sunday it looks like most of the bay area will be experiencing some rainfall and

probably mainly light or light to moderate rain and then as we get later into the day, mid-afternoon, the rain will be winding down and moving out of the area so it's not expected to last very long. we're not projecting precise totals yet. overnight clear skies across the bay area with low temperatures ranging from mid to upper 40s and even along the coast to low 50s right around the bay. relatively cool compared to the last few. sunny in the south bay with highs around san jose and 71 and low to mid-160s on the coast from pacifica to half moon bay. north barracks mainly upper 60s from santa rosa to napa and mainly mid to upper 60s in the east bay near the bay shore line, and the inland east bay will have highs in the upper 60s to low 70s.

accuweather forecast, warmer and warmer through friday and increasing clouds in saturday gets a little bit cooler and don't forget we fall back to standard time saturday night into sunday. a chance of morning rain on sunday and then just lingering clouds into monday and sunny and milder again next tuesday. the next seven days, may have one wet day and the other days are looking nice and dry. >> thanks, spencer. >> okay. almost back to normal. but not quite. the ongoing computer outage at the dmv that's still affecting one bay area community. >> at 4:22, traffic on the san matteo bridge looks pretty normal. a little hazy there. spencer is talking about it during our commercial break saying it just might be the angle of the camera and the sunlight or it just might be sunlight or it just might be hazy, but traffic is moving i've never liked marijuana. but i'm voting yes on prop 64 to legalize marijuana for adults 21 and over. it has important safeguards for families, like strict product labeling and child-proof packaging of all marijuana products. and banning edibles that would appeal to a child.

raising a teenager, that regulated system makes a lot more sense than what we have now. plus, 64 taxes marijuana to fund priorities like after-school programs. personally, marijuana's not for me. but my mind's made up. i'm voting yes on 64. but my mind's made up. this is violet. she's been waiting for this moment for awhile. a moment other kids wouldn't think twice about. her first bowl of cheerios. because now that cheerios are gluten free, violet, and many others are enjoying their first bowl today.

the dmv says all but three of its field offices are operating normally after a failure that caused problems statewide. locations in oceanside and riverside and san jose, a series of hard drive issues put two-thirds of the dmv offices out of business last week. >> british airways brought some jolly good news to the east bay announcing it will begin flying non-stop between oakland and gatwick airport next year. the new service will operate four times a week beginning in late march.

it's welcome news for oakland which is seeing more passengers flying through the airport every month. this means british airways has service at all three area airports. >> do you ever feel like you're doing too much things at once? did i send that e-mail? turns out you're probably right. a usf brain researcher says multi-tasking is actually making us less effective. while we may think we're doing two or three things at once our brains are not. >> and with each of those switches, there's a loss of the high resolution of that information. >> find out how you can avoid the overload and be happier and more effective in the digital age tonight on abc 7 news at 11:00. well, coming up at 4:00, a halloween trick that wasn't so funny. how resurrecting the zodiac killer created a big scare in philadelphia. >> from wisconsin to florida, we're on the campaign trail with

both candidates as we count down to election day. >> and a parking problem in the north bay.

and here's what's making head loins at 4:30.

today we learned the owner of a building gutted by fire in oakland yesterday is being sued by several former tennants. they claim he evicted them from that property two years ago in order to make room for a construction project. their attorney considers the fire suspicious. the landlord told us live earlier in this newscast that the fire had nothing to do with any prior business dealings. abc 7 news reporter vic lee tweeted an oakland police sergeant has filed a whistleblower claim against the department saying he's being targeted. coming up at 5:00 we'll explain how it all stems from the defendant an officer's wife. abc 7 news reporter carolyn tyler talked to adult film makers who are fighting against a prop that requires condoms in their movies and why that measure has seen such widespread opposition. that's ahead at 5:00. >> six people have died after a horrific school bus and commuter bus crash earlier this morning. authorities say there were no students on board at the time. here's abc news reporter kenneth

moten. >> reporter: images from above showed the impact of the powerful collision between the two buses in baltimore this morning. you can see the front part of the school bush smashed into the side of a computer bus. the front of the yellow bus crumpled and debris spilled over the road. >> it literally looks like a bomb exploded in the bus, and it's catastrophic damage. >> reporter: lesean aldridge came out of his home when he heard a helicopter hovering over his house. >> it was hard to look at. it was very hard to look at, you know, seeing people removed from -- it's just a mangled mess. >> reporter: police say the school bus first struck a car and continued eastbound and hit a pillar outside a cemetery and then it went into oncoming traffic and slammed into the bus. >> there aren't any skidmarks so something catastrophic took place and it's something that we're continuing to investigate. >> 13 passengers were on board the computer bus and at least six people died in the crash

including the school bus driver. those who survived suffer what are called significant injuries. >> authorities are investigating a fatal accident during a halloween night hay ride in mississippi. a mother and her 8-year-old daughter were killed when a flatbed truck slammed into the back of the trailer they were riding on in a small town east of jackson. six others on the hay ride are in critical condition. the county coroner describe the scene as chaos. philadelphia police are investigating what they suspect is really a sick halloween prank. photocopies of a letter from the infamous zodiac killer placed on car windshields. the zodiac is a still unknown serial killer who murdered five people and injured several others back in the '60s. copies of one of the letters were distributed there last night. authorities don't believe anybody is in any real danger. bill cosby's sexual assault

trial won't begin for at least eight months and that's not stopping teams of lawyers from battling over evidence that both sides say is crucial to this case. the 79-year-old cosby arrived for the start of a pre-trial hearing in philadelphia. prosecutors and defense attorneys argued over cosby's latest effort to have the case dismissed. the comedian is charged with three counts of aggravated sexual assault back in 2004. that hearing is expected to wrap up tomorrow. >> there's just one week to go in the president dwral campaign and donald trump is pulling ahead in the latest abc poll but hillary clinton maintains an advantage on the electoral college map. abc news is on the trail with them. marci gonzalez is in florida and we begin with cash travers with trump in mississippi. >> reporter: donald trump starting his day in pennsylvania. not with a rally of fired-up supporters but a subdued health care event with running plate mike pence. trump calling the affordable care act a catastrophe.

>> i will ask congress to convene a special session so we can repeal and replace. >> reporter: a quick stop at philly convenience store favorite wawa. >> they are all with me, you know that. >> reporter: and then on to wisconsin. state republicans haven't won since 1984. polls here showing hillary clinton with a comfortable lead. show hasn't spent a single day campaigning here and has no plans to. trump's path to 270 electoral votes is very narrow. he can't just win the tossup states and needs to flip a blue state, too. the trump campaign is spending $25 million on tv ads in the final week, going on the air in states leaning towards hillary clinton, new mexico, michigan and here in wisconsin. karen travers, abc news with the trump campaign in eau claire. >> and i'm marci gonzalez traveling with the hillary clinton campaign in florida. the democratic presidential candidate is trying to turn attention away from her e-mails and back on to donald trump's past comments about women, including former miss universe

alicia machado who took the stage today. >> hillary has been fighting for women, children and latinas, just average people like me and you. >> reporter: clinton fighting to rally female voters in the final stretch of this now close race. >> there are only seven days left in this election so are you ready to vote? >> reporter: and after three stops today in this battleground state, tomorrow clinton heads west campaigning in nevada and the traditionally republican state of arizona. marci gonzalez, abc news, sanford, florida. with a valuable tool at abc7news.com/politics to help you prepare for election day. just click the icon your voice your vote and voter and election guide and enter your zip code and street address to get a comprehensive resource to show you the candidates and measures on your local ballot. >> wall street is wary about the outcome of this election, a fear

gauge traders keep an eye on and that sent stocks falling. the fear gauge increased 14% sending the dow down 105%, over half a percent. the nasdaq down 25 points and the s&p fell 14 points. analysts blame the presidential race and investors are hedging their bets against the possibility of a trump possibility. >> still to come at 4:00, a trick or treat to remember. >> plus, check this out. little boy in a toy car in the middle of the commute in china. we'll show you what happens next. >> i'm spencer christian from volmer peak. sunny skies all the way out to. coast and sunny days ahead. i'll have the accuweather forecast in just a moment. and taking a live look at our traffic over the golden gate bridge. it's moving in both directions. northbound traffic on the right-hand side. stay with us. we're back after a quick break.

♪ ♪ ♪

he's the drug company big shot who raised the price of a lifesaving pill by five thousand percent.

said he wished he'd raised it more. prop sixty-one targets drug company price-gouging to save lives. the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won't like it. and he'll hate it. we're about to show you some crazy video. check this out. surveillance video in china showed a little boy riding a toy car into traffic during rush hour. the boy, oh, my goodness makes his way down the middle of the street. no parent in sight and look, not a single driver stops to help him. >> nobody stops their car to get the kid. >> >> finally though you see there a police officer just happens to come across the zone and finally came to his rescue. he eventually found child's

mother and returned him home. >> that's unbelievable. >> this is a story you'll like. a dad on a flight from boston to san francisco says his daughter was so bumped she wouldn't be able to go trick-or-treating so he decided to bring trick or treating to her and passed out candy to everyone on the flight saying when my little doughnut comes down the aisle drop her in the basket. needless to say molly was very happy when she walked by in her doe not costume and there she is. >> a fellow passenger said my heart is exploding right now. a candidate for father of the year for sure. >> and halloween may have come and gone and a fifth grader's costume is going very wrong. this riff on donald trump is going viral. he spoofed the mane with grass skirts and the signature make

america great again hat. gabe says there's no political aim here. he did it to make people laugh and never expecting it would blow up like this. >> all right. time to turn our attention to the weather. we had a wet halloween around here and dry for the next few days before the next batch of rain is coming through. here's spencer christian. >> no scary weather. live doppler 7 and sunny skies and a string of sunny days to could. tomorrow one of them with high temperatures ranging mid-60s near the coast to near 70 in the warmest inland location. tomorrow is day of the dead. the event is a celebration like no other that get under way tomorrow afternoon under mild and sunny conditions. parade starts at 7:00 p.m. under cloudy skies and temperatures around 63 degrees. it will be interesting. speaking of interesting, the next few days, nice, dry and sin and we have chances of rain over the weekend. 30% chance late saturday into saturday night. a 40% chance on sunday, and

that's about it for wet weather over the next 7 days, the accuweather seven-day forecast. by the way, in addition to light rain moving in saturday negotiate we also fall back to standard time saturday night or sunday depending on which is your preference. officially standard time against at 2:00 a.m. and sunday we expect rain moving through the bay area. it will rank one on the storm impact scale, a tomorrow of light intensity. >> thank you, spencer. >> okay. >> b.a.r.t. and the warriors have been connecting people across the bay. >> a lawsuit filed over this new commercial featuring draymond green. what's behind the legal action. >> and i'm 7 on your side's michael finney. black friday is starting earlier than ever this year. the deals getting under way

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want a great way to help our children thrive? then be sure to vote yes on proposition 55. prop 55 doesn't raise taxes on anyone. instead, it simply maintains the current tax rate on the wealthiest californians to prevent education cuts that would hurt our kids. no wonder prop 55 is endorsed by the california pta, teachers and educators. because all of us want to help our children thrive. it's time to vote yes on proposition 55. b.a.r.t. is being accused of using public funds to put a measure on the ballot to pay for improvements. >> the warriors star draymond green promoting b.a.r.t. without measuring rr but critics say it

still crosses a legal line. >> lyanne melendez is outside the embarcadero station. >> reporter: person who filed that complaint against b.a.r.t. is now acknowledging that b.a.r.t. did not produce that video. that person says that it was the warriors who apparently did so. now the question is did b.a.r.t. violate the law by merely posting that video. judge for yourself. it's likely you've seen this campaign ad asking voters to support the measure. by law b.a.r.t. can't produce ads promoting or endorsing the measures. groups from the outside have to do it like the golden state warriors who can and have donated to the measure rr. now this web video shows warriors basketball player draymond green promoting b.a.r.t., nothing wrong there except if you ask this attorney. >> mr. green used three catch

phrases that are commonly used by the yes on rr campaign. >> reporter: let's listen. here's the ad for measure rr. >> b.a.r.t. is the backbone of the bay area. >> reporter: and here's draymond green. >> b.a.r.t. is the backbone of the bay area. >> reporter: once again the campaign ad. >> but it's 44 years old. >> reporter: and draymond. >> b.a.r.t. and the bay area have been connecting the community for over 44 years. >> reporter: here's draymond again. >> b.a.r.t. need to stay safe and reliable so future generations can enjoy for years to come. >> reporter: we're told by b.a.r.t. they had nothing to do with it. you're saying that they produced the video, they paid for the video and you put it out there and you took. >> yeah, i mean, we worked with them really closely so, you know, we -- we asked them for a copy of it and they gave us a

copy. >> reporter: meantime, a complaint has been filed with the fair political practices commission, but the matter is not expected to be resolved by next tuesday when voters go to the polls. in san francisco, lyanne me lends, abc 7 news. a new lawsuit filed today accuses a major california health insurer of making policy changes that will raise the rates of unknowing policy holders who are covered under covered california. >> 7 on your side's michael finney is here. >> reporter: i'm looking for a big fight. this is an interesting one. a california-based advocacy group says anthem blue cross is trying to sneak a rate hike by unsuspecting customers of california. anthem blue cross is automatically renewing the policies of its ppo customers without telling them first the new coverage doesn't provide out-of-network care. customers could face thousands of dollars in increased out-of-pocket costs and anthem says the lawsuit is without merit and the change is necessary to keep policies

affordable. it also says policy owners have indeed received written notice of the change. a judge has ruled in favor of arirbnb airbnb, a district judge ruling their arbitration clause is binding even if the customer doesn't specifically agree to it. an african-american man sued after he was told an airbnb unit he wanted was already rented and when he posed as a white man he was able to book the unit for the same dates. however, the judge says the case must be decided by binding arbitration. black friday has come early for amazon customers. the online retailer started its black friday sale today. new deals are being announced throughout the next several weeks and their store will be open through december 2 itnd. however, the best deal on big ticket items won't come around until the day after thanksgiving as usual, and by the way,

yesterday, monday, it was cyber monday for many retailers across the country. >> oh, wow. >> glad you know this. i'm just starting to consider gifts for you two. >> isn't that nice of him. >> i'll leave you some notes. >> suggestions. >> thanks, michael. in today's wellness report, every day in the womb boosts a baby's brain development. >> and how often should you replace your coffee mug? here's jane king. >> reporter: carrying a baby as close to full term is possible is better for the baby's brain development. researchers at the children's national health system say in the final trimester of pregnancy the fetal brain grows exponentially. the brain increases fourfold in size during that time. the number of children hospitalized from opiates more than doubled in 16 years according to a new study published in "jama pediatrics" and most were from toddlers who accidentally swallowed their parent's medicine or teens who

took their drugs. is butter bad or neither? unless you have a condition that dictates otherwise no reason to cut butter from your diet. it should be considered a pleasure food and consumed only in moderation and cleaning or replacing your office coffee mug isn't as necessary as you might think. "the wall street journal" spoke with infectious disease specialists and said the surface of a typical coffee mug isn't terribly conducive to harboring germs and they say it's actually the liquid inside the mug that sits there for several minutes and maybe longer that could be the most unhealthy. bottom line the experts say it's more important that you change the sponge that you clean it with rather than the coffee mug itself. from the nasdaq, i'm jane king. here's to your health. obamacare open enrollments is now under way. the period begins with some consumers bracing for sharp increases and a huge need for enrollment by young healthy consumers. the increase in california is 12% and major insurers like aetna and united health care

opted to leave many states and the company responded by refiling rate requests which resulted in higher rates in eight states. abc 7 news continues with passing the buck. >> sometimes you saw the solve a local problem and the problem moves somewhere else. >> the parking problem in the north bay that just will not end. what's driving this issue? that's ahead. >> and dan is here with a look at what's coming up on "abc 7 news at 5:00." dan? >> thanks very much. coming up next, a controversial law about condoms and porn and how the measure would allow just about anyone to enforce it. also ahead, going beyond a super food. how spinach is being used as a bomb detector. and how to earn frequent flier points while driving to the

coming up tonight in primetime at 8:00, it is "the middle" followed by "american housewife" and "fresh off the boat" and "the real o'neills"

and then the "abc 7 news at 11:00. >> trying to solve a homeless problem has in fact created another. >> wayne freedman joins us from woodland avenue in san rafael where the population is growing. wayne? >> reporter: good afternoon, larry. this is a problem faced by counties across the bay area and across the nation for that matter. where do the homeless go? in frisco they are in tents on street and in san rafael parked on the side of the road. you might call it a case of overflow park. in marin county this is the legal equivalent of kicking a problem down the road. rvs with homeless people, the newest residents of woodland avenue. janell is one of them but did not want to show her face. >> we're next to trailer trash in everybody's eyes. >> reporter: she and others are here and nearby because in september san rafael passed an ordinance bang overnight parking and now they and long haul truckers have landed in an

unincorporated part of the city. nearby homeowners are less than thrilled. >> you will find needles. you will find refuse and find defication. >> my car hats been broken into several times. >> there's no neighbors right here. you see any neighbors? no. >> reporter: one neighbor who declined to go on camera has had enough and is moving and others simply want a designated area away from here where the rvs can park at night. >> they are disadvantaged folks from -- from a trucker who has no place to park his truck to a person living in an rv that's about ready to fall apart. >> reporter: what was once a city problem has become a county problem kicked down the road. the county plans to post a new step of no parking signs within a few weeks. >> yeah, and then if they are not allowed to park here they will go somewhere else and be someone else's problem. >> reporter: kick, kick, kick, the way of our modern world. in san rafael, wayne freedman, abc 7 news. >> all right. thanks for joining us for "abc 7 thanks for joining us for "abc 7 news at remember this guy?

thanks for joining us for "abc 7 news at he's the drug company big shot who raised the price of a lifesaving pill by five thousand percent. said he wished he'd raised it more. prop sixty-one targets drug company price-gouging to save lives. the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won't like it. and he'll hate it.

the woman assaulted by brock turner speaks out and how she's coping. >> the apartment building that went up in flames and the legal trouble that the owner was in before it even started. and cleaning up at b.a.r.t. the janitor who made over a quarter of a million dollars. i'm abc news meteorologist spat yeandhya patel. more rain in the future. i'll let you know when with your accuweather forecast coming up. the crimes of brock turner transcended the courtroom because of the words of a young woman he sexually assaulted. now, she's reaching out again and once again she's putting new spotlight on the case. good evening, i'm kristen sze. >> and i'm dan ashley. thanks for joining you.

tonight we're hearing from the woman known only as emily doe for the first time since brock turner was sent to jail. she is writing about the case in a national magazine which has chosen her as one of its women of the year. abc 7 news reporter chris nguyen is live at the stanford campus with the story tonight. chris? >> reporter: dan and kristen, it is quite an emotional essay published by "glamour" mag scene as you know one of the biggest magazines in the country. 15 million people read it online and 10 million people get the print edition so you can bet that this is a major platform for emily doe to use in spreading her message. inside the december issue of "glamour" magazine powerful words from a survivor of sexual assault. emily doe from palo alto shares for the first time how she felt after learning about her attacker's sentence saying, quote, when it was quickly announced he would receive six months, i was struck silent and immediately i felt embarrassed for trying and led to believe i had any influence. if this case was meant to set