and i cannot imagine what is happening. unkpree hencible. >> a san jose church facing thousands of dollars in fines for holding services during the pandemic. now, it's pushing back. hitting pause. the businesses affected by san francisco's decision to put another round of reopenings on hold. and what you need to know about your rights when you head to the polls to cast your ballot in the election. we have been looking, this week, at the new way to holiday, during the pandemic. see how things have changed, day of the dead celebrations. >> building a better bay area for a safe and secure future. this is abc 7 news. >> i'm willing to go to jail for christ and for our community. and so, we're taking a stand. we will be open. >> a showdown in the south bay,

as a church pushes back after being fined hundreds of thousands of dollars for violating social distancing and other health orders. good evening, i'm dion lim. >> and i'm dan ashley. thank you for joining us. a church in san jose is facing more than $300,000 in fines, possible jail time for its senior pastor, after refusing to comply with public-health orders. that church has gathered a team of lawyers, now. and pastors to, not only fight the fines but, make the case that their services are essential during the pandemic. >> happening right now is -- is cruel and unusual punishment. $330,000 in fines levied against a pastor for simply opening up? >> reporter: dozens of pastors from all over california stood shoulder to shoulder. no masks and no social distancing. to support pastor michael mcclure of calgary chapel. for holding indoor violations of

public health orders. in a space that can hold 1,900 people. the county limits indoor gatherings to 100 people. to fight the fines and possible jail time for its pastor. >> over the past five months, not one person in this congregation has contracted covid-19. they have contributed zero to the total-infection rate in this county. >> reporter: pastor mcclure says there are signs in his church to social distance and people with can wear masks, if they want. but none of it is enforced. santa clara council member said that's the reason the county felt the need to go to court. >> i was trying to work with them for a long time. the reality is that almost every congregation, regardless of faith tradition, in santa clara county, has been safely operating, in compliance with the public-health directives. >> reporter: pastor mcclure

insists there have been no such conversations between his church and the county. >> and i'd love to work with the health department. but they just came here, and got really upset and yelled at us, and left. they never wanted to talk to me. they never wanted to work with me and i'd love to. we're trying to help the community. >> reporter: santa clara county's council says, with each notice, the county reached out with suggestions on how to safely worship. at the press conference, the group was repeatedly asked why they were not social distancing or wearing masks. >> sure, we're outdoors. and if you read the warning label on a medical mask, it will not protect you against covid. >> we are not against wearing masks. we're not against not social distancing. but, what we're for is freedom. >> reporter: the church will continue to be fined $5,000 for each day it continues to defy the public-health orders. a court date has been set for monday. in san jose, 7 news. >> san francisco naacp reverend

amus brown says their arguments are misguided and run counter to the teachings of jesus christ. >> we must demonstrate common sense, reason, and care for others. if you open the floodgate for these congregations to go back to the usual, the regular styles of worship, it will be a death camp. >> strong words. reverend brown says no congregation, including his 3rd baptist church, should be open unless it's a modified opening with masks and social distancing. he says the messaging from president trump and others when it comes to reopening has been irresponsible. saying it's putting american lives at risk. turning, now, to the coronavirus where california's numbers continue to go up. there were more than 4,000 new, diagnosed cases, reported today. you can see the trend in daily averages, here. the seven-day is just under

4,300. the 14-day average was a little more than 3,900 cases and we are, also, seeing the positivity rate rise. the 14-day is at 3%. now, san francisco is hitting pause, today, on its reopening. there are just some of the affected businesses that are affected by the decision. and abc 7 news reporter stephanie sierra joins us live from the newsroom with what stood out in the city's covid numbers that made it hit the brakes. stephanie. >> well, dion, today, we learned, while in general, san francisco is still doing remarkably well. dr. grant colefax, said the two numbers triggering the decision to pull back are the city's case rate and hospitalization numbers. both, have increased slightly. so, here's exactly what's changing now. indoor pools, bowling alleys, locker rooms, and showers at fitness centers, originally set to reopen november 3rd, will now remain closed until further notice. restaurants, indoor museums,

zoos, and aquariums, as well as indoor worship facilities, like churches, were set to expand capacity to 50%, but will now be required to keep capacity at 25%. nonessential office space and movie theaters without concessions stay the same. also, operating at 25% capacity. both, mayor breed and dr. colefax, referenced the surge of covid cases seen across the world and across the country, as reasons to take precautions before it's too late. >> france, in particular, is on lockdown, again, and germany, which has been a model in the rest of the world is actually looking at restrictions. so, it's not just about what's happening here, in the united states. it's, still, challenging all over the world. >> we want to pause on increasing the capacity of riskier activities because we do not want the virus to get too far ahead of us. because, as we have seen across the country and around the

world, when the virus gets too far ahead, you can't catch up. >> now, over the past two weeks, hospitals in san francisco went from caring for 23 patients per day, to 37 patients per day. and while dr. colfax says hospital capacity still remains good, the slight uptick could be an indicator of what's to come. now, speaking of, mayor breed warned we may see an uptick in cases after halloween, and, of course, the upcoming holidays. another reminder to keep those gatherings to immediate family. live in the newsroom, stephanie sierra, abc 7 news. >> stephanie, thank you very much. we are just days away, now, from the election and maybe you need to still go out and vote. here is a scenario. you go to your polling place, and find yourself being harassed before you can even get inside. abc 7 news reporter, chris win, has what you should do next. >> reporter: with the general election just days away, santa clara county is preparing for an historic turnout, despite the

ongoing pandemic. >> we're committed to making this election safe. so that your vote counts and that every vote is counted, and that is going to happen. >> reporter: with many still planning to vote in person, in the coming days, the district attorney's office is working with both local and federal law enforcement to ease any fears about voter suppression or intimidation, which has been reported in other states. >> you're not allowed to show up in the possession of firearms or in uniform and -- to try to intimidate voters. that's just not allowed in california. >> reporter: and a reminder that election -- is not allowed within a hundred feet of a polling place or vote center. >> you're not supposed to be shouting slogans at people or trying to persuade people with how they should vote, within that range. you're not supposed to be intimidating them, of course, in any way or blocking or hindering them or influencing them, in any way. >> reporter: but if anyone gives you a hard time, officials say to report it to the polling

staff, immediately, who are trained to help deescalate the solution. >> be very alert and attentive to anything that's happening around them during the process of standing in line to vote or actually voting. if you see something, say something. >> reporter: poll watchers will also be around to help ensure a smooth process. >> for voters who want to reduce the chances of hitting a line on election day, go vote, starting tomorrow. >> reporter: registrar of voters, shannon, and her team, are hard at work preparing to open nearly 100 full-service vote centers throughout the county on halloween. >> maybe, they need language assistance or they'd like to use the accessible touchscreen voting machines. or they need a replacement ballot. they can do any of these at our full-functioning vote centers that offer more services than the polling places did in the past. >> reporter: more than 500,000 ballots have already been received by the county. in san jose, chris win, abc 7 news. also, in san jose. a coalition of elected leaders

urged changes in the silicon valley organization, as it's called, following a political advertising campaign many called racist. you are looking at the ad that ignited the controversy. it targeted city council candidate jake tonkle for taking part in protests following the death of george floyd back in may. now, the svo has since removed the ad and its ceo has resigned. >> and the resignation of the ceo of the silicon valley organization is just simply the first step. but we know that the tentacles of racism run deeper than just one person. >> we need candidates and current office holders who have received support from the svo to say, in one unified voice, that this type of behavior has no place in the public discourse. >> the svo has apologized for the mailer, and admitted it was racist. >> 400 workers at a factory in utah are busy making the electric trains cal train plans to have rolling down the

peninsula in less than two years. today, we got a look inside -- outside, i should say, and a virtual-reality look inside. david lui is your tour guide. >> the outside shells of next-generation of electric cars have already been produced at this facility in salt lake city. over the next two years, the european rail car manufacturer, stadler, will make 19 of them for cal train. >> if you like the electric sound of a tesla, you will also like the sound of our electric trains. >> here is a virtual-reality look of what lies inside. 1,000 cal train riders to pick color schemes and the seats. power outlets and wi-fi are planned. each train will have two cars set aside for bikes with cameras for security. restrooms appear to be spacious, and include an infant-changing table. >> the great benefit of these trains compared to our diesel right now is they'll be able to stop much more quickly and start much more quickly, get up to speed. >> reporter: initially, the same 79 miles an hour with diesel

engines. but the new trains will have a top speed of 110. before the pandemic, cal train was carrying 65,000 passengers per day. >> we are going to be able to triple that number over the next 20 years. >> the conversion to electric trains is the result of $1 billion in federal funding. that should help to ease peninsula freeway congestion. >> today, cal train, is the equivalent of four freeway lanes of 101 traffic. and in the future, we would be carrying an additional five and a half lanes of traffic on our trains. >> reporter: c train will receive its first delivery next summer with phased-in service expected in 2022. if you would like to check out more video of the new cars in virtual reality, cal train is offering a limited number of cardboard viewers at its website

calmar.org/vr. >> impressive upgrade. a big bash for perhaps the most famous lemur around. the special gift the san francisco zoo gave the young boy who found the animal on the streets of daly city. >> as we look at the new way to holiday this week, we are going woman: after covid, my hours got so we can't pay our bills. and now our family budget is gonna be hit hard with prop 15. the yes on 15 ads say it only raises taxes on big corporations. that's not true - we're all going to pay. $11 billion in new property taxes will get passed on to small businesses and farms. they'll raise prices... ...higher gas, health care, food...even day care. we can't make ends meet now.

families can't afford 15. no on prop 15.

apparently, today is the day to celebrate a local lemur that captured the nation's attention. the san francisco zoo threw a huge celebration for the ring-tailed lemur who was stolen out of his exhibit earlier this month. the zoo also honored the alert, 5-year-old boy who spotted maki in daly city. >> i think the -- the great thing about this is everyone's okay. maki's okay. you know, we're here enjoying

the zoo and a perfect san francisco day. so, it's -- it's a good day. >> it is an all-around win. now, the zoo rewarded james with a lifetime membership to the zoo, a lemur plush toy, as you see. and maki's tote coincides with world lemur day. who knew this was even a day to celebrate? >> it sure it. the day of the dead has been growing in importance in the bay area. big events are held every year in oakland, san francisco, and san jose. how the pandemic is affecting the celebrations in the latinx community. >> reporter: phyllis has been making day of the dead altars for 30 years. >> it's a celebration of life and we all need to think about how we're going to be remembered. >> reporter: it's a tradition that dates back centuries in mexico and central america. the altars remember those who

died. families place their loved one's favorite food or drinks on the altar, along with bright, orange marigolds, to attract their souls back from the afterlife for one day, november 2nd. the altars are put in homes, but public-altar displays are gaining in popularity. the san jose multicultural artist guild organizes a public display, every year, at san jose's main library. but the pandemic forced a change this year. carasco and other artists have, instead, set up in other settings. one section honors martinez. >> her nickname was pumpkin. she was one of the first woman died of covid. there will probably be a lot of altars this year because of covid. it's a sign of our times right now. >> reporter: another sign is the cancellation of day of the dead festivals in oakland and san jose. they are shifted online. san francisco's annual, nighttime procession has also

been cancelled. the public-altar display that followed has been modified. >> pre-covid, we would set up at the park. last year, we had 126 community altars and five altars representing the elements. this year, we brought the five community of altars indoors so that we can honor our ancestors. >> reporter: rosa heads the marigold project. the group recorded a special ceremony that will be streamed on november 2nd. >> every altar, this year, is dedicated to the people that have died from covid. or violence. the air altar is dedicated to children and there's a thousand cranes representing a thousand children that have died from covid. >> we dedicated it to them because of all the hard work that they do. all the people who are out there

working. and are coming down with covid. and even worse, dying from it. >> in san jose, debated for months on what to do with its annual day of the dead play. they decided to record and stream it. >> the play happens in the afterlife. we learn about the power of community. that is not about one individual, it's about what everybody does for the benefit of everyone. >> reporter: to exemplify that message of community, the actors wore masks and face shields during the recording. but the essence of the play wasn't changed because of covid-19. garcia says it didn't have to. the message of day of the dead is, already, about honoring those who have died by celebrati celebrating their lives. >> death has been so present, these days. in knowing that those relationships do not end with covid, that gives us a sense of hope. that, i feel like, at this moment, is very much needed.

>> reporter: abc 7 news. >> it sure has been a sunny friday in the bay area. so what's in store for halloween as we prepare to fall back? as we prepare to fall back? abc 7 news in the bay area, we believe in science. traffic and air pollution will be even worse after the pandemic. that's why we support measure rr to keep caltrain running. which is at risk of shutdown because of the crisis. to keep millions of cars off our roads, to reduce air pollution and fight climate change. and measure rr helps essential workers like me get to work and keep our communities healthy. relieve traffic. reduce pollution. rescue caltrain. [all] yes on measure rr. uber and lyft are like every big guy i've ever brought down. prop 22 doesn't "help" their drivers-- it denies them benefits. 22 doesn't help women. it actually weakens sexual harassment laws, which are meant to protect them. uber and lyft aren't even required to investigate sexual harassment claims.

i agree with the la times: no on 22. uber and lyft want all the power. so, show them the real power is you. vote no on prop 22. the unfair money bail system. he, accused of rape. while he, accused of stealing $5. the stanford rapist could afford bail; got out the same day. the senior citizen could not; forced to wait in jail nearly a year. voting yes on prop 25 ends this failed system,

replacing it with one based on public safety. because the size of your wallet shouldn't determine whether or not you're in jail. vote yes on prop 25 to end money bail. now, your accuweather forecast with sandhya patel. >> happy friday, everyone. good evening, i'm meteorologist, sandhya patel. let's take a look at the halloween forecast happening on a saturday this year with a full blue moon. looking at sunset at 6:11. it is going to be beautiful outside. temperatures will be low 60s to mid-70s. all treats through the evening and looking spooky cool by 9:00 p.m. so if you are going out with your kids trick or treating, safely, dress in layers and don't forget those masks. here is a live look from our santa cruz cam era. but this weekend, sunday and monday, anywhere from 10 to 12 feet for the northwest facing

beaches. and if you are getting out of town, and you are traveling, here is a look at the bay-area airports. mild sunshine. mid-70s to low 80s. light breeze. hawaii is looking at, in honolulu, scattered showers and 85 degrees. sunshine. but chilly, new york city. and a warm 85 in los angeles. live, doppler 7 showing you a couple patches of fog but pretty much cleared out. good day to be out sailing. 59 degrees in the city. it's upper 60s, oakland, mountainview. cooler, today. san jose. seeing some hazy skies across parts of the bay area. moderate air quality due to some wildfires around the state so just keep that in mind. it will be off and on hazy through the weekend. 81 in fairfield. and 79 in livermore. and it's a lovely view from our golden gate bridge camera. no tricks, all treats, for halloween. and don't forget, change your clocks back one hour, sunday

morning, daylight saving time begins. so the sunset tomorrow will be 6:11 p.m. sunday, the sun goes down at 5:10 in the evening. tomorrow morning, it will be cool. we will have some fog near the coast and bay. temperatures low 40s to low 50s. tomorrow afternoon, it's going to be a nice day. warmer than today. 72 in the city. 84 in fairfield. everyone in the bay, in the 70s. you will notice, san jose, and santa rosa, 77 in oakland. halloween is just looking spook-tacular. as we head into sunday, clocks back one hour. don't forget to check your smoke detectors. warmer weather awaits for november and then election day is cooler but dry for voting. next week, on friday, watching for rain. computer models are not in complete agreement. but hinting at the possibility. so stay tuned. it's going to be a cold storm if it does make it here. dan and dion. >> and in the meantime, i know, you, sandhya, will.

and a lot of us will enjoy that extra hour of sleep. thanks. >> absolutely. always nice. do you believe in halloween displays? see how a south bay family is paying tribute to one

coming up tonight on abc 7 news at 6. more than a dozen, new, in-person voting locations opened today in the east bay. how it's all done with social distancing in mind. some bay-area restaurants are beginning to weather-proof their outdoor dining setups. we are going to take a look at how this impacts containing covid. plus, how the holidays will look different for business owners and shoppers in san francisco's china town, this year. all, coming up in half an hour on abc 7 news at 6:00. >> finally, now, a mother in san jose hopes a happy memory from her childhood will inspire others this halloween. >> recreated the moment the underdog united states team upset the soviet union in the olympics in lake placid, new york. and you will find the words, do you believe in miracles, covering the garage door. that famous phrase during the final seconds of the miracle on ice. it was iconic. >> wow. and that is impressive. world news tonight with david

muir is next. i'm who's sujoe biden.rop 15? biden says, "every kid deserves a quality education and every family deserves to live in a safe, healthy community. that's why i support prop. 15." vote yes. schools and communities first is responsible for the contents of this ad. it provides property tax fairness for disabled homeowners like cynde, stuck living with a broken elevator. nineteen helps wildfire victims, like ellie, one of 24,000 who've lost their homes to fire. and seniors like pam who need to move closer to family or medical care, without a tax penalty. prop 19 limits taxes on our most vulnerable.

yes on 19. who's supkamala harris.5? harris says, "a corporate tax loophole has allowed billions to be drained from our public schools and local communities. no more. i'm proud to support prop 15." vote yes. schools and communities first is responsible for the content of this ad.

tonight, the sprint to the finish. tonight, the sprint to the finish. president trump and joe biden crisscrossing the midwest, dueling rallies in minnesota and wisconsin as the midwest and west see an alarming surge in covid cases. the president downplaying the virus saying doctors get more money if someone dies from covid. and his son don junior saying overnight, why don't they talk about deaths? the number is almost nothing. as americans learn of another 1,000 deaths in 24 hours. joe biden saying donald trump has surrendered to the virus. and the major headline emerging this evening about the early vote and what we're seeing in texas. four days to go. but when will we know the results? even as president trumpive cysts on knowing the results on election night, the reality check tonight. eight states including key battlegrounds won't even begin opening mail-in ballots until election day.