♪ that's "nightline" for this evening. catch our full episodes on hulu. we'll see you right back here same time tomorrow. thanks for the company, america. good night.

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♪ >> a hate investigation underway in palo alto.

a beloved restaurant -- knowing the racist tirade directed at workers of ebola restaurant. the reaction from teachers as they set up their classrooms for the first day of school. >> the forecast is coming up. abc seven news at 11:00 is starting now. >> now from abc seven, live breaking news. it is expected that governor newsom will require all teachers to either be vaccinated or go through testing. >> you heard it, breaking news. that is bentara unified school district superintendent robert -- roger rice interrupting a meeting. governor newsom will announce that all teachers and staff in the state will be required to get vaccinated or submit to weekly testing. california would be the first day in the nation with a teacher vaccine mandate. good evening. thank you for joining us. i am dan ashley. >> the governor has an

appearance scheduled at an oakland school tomorrow. oakland unified tweeted it is requiring teachers be vaccinated, adding that 92% of staff have already gotten the shot. >> kate larsen explains, it comes on the heels of san francisco unified officials making a similar announcement earlier today. >> so we have sort of plexiglass here for students who are sharing a table. >> teachers are preparing for the start of a school year unlike any other. >> there's like a hand sanitizer at every exit. all windows will be open. >> there is one change that is especially exciting for third-grade teacher stephanie lee. a newly announced san francisco unified school district employee vaccine mandate. >> i was already super excited coming back to have this extra layer of protection is even better. >> parents are also excited. >> i am all about it. >> clifford is a member of the pto. his daughter is seven, so still too young to get a covid vaccine. >> the biggest concern is really

around safety so i think by mandating vaccines, it's really an important step to move forward to ensure the safety of everyone in the school community. >> stephanie has gotten the vaccine and says all the teachers at her elementary school in the richmond district are also vaccinated but she has heard of district support staff who have not yet gotten the truck. >> i just don't understand why you wouldn't. you are around these students who can do it, so do your part. >> if a district employee is not vaccinated by september 7, they can still come to work, they would just be required to test for covid every week. does the mandate go far enough or you? >> no. unless there is a religious or medical exemption, i think everybody who is working with students who can get vaccinated should be. >> the san francisco teachers union supports the mandate and so does dr. anthony fauci. >> we are in a major surge now as we are going into the fall, into the school season.

we are in such a serious situation now that under certain circumstances, mandates should be done. >> sf usd has received vaccination status from more than 10,000 employees, who have until august 31 to submit their vacation. kate larsen, abc seven news. >> some francisco parents want to -- some san francisco parents want to keep their kids at home due to the delta variant. the district set a july 30 deadline for parents to apply for distance learning. >> we are basically hoping to be offered an online option for our kids in the fall semester. >> san francisco unified has allowed more than 600 families to keep their kids at home this fall. in person learning begins in just six days. >> covid testing trouble reported in the north bay. a non-profit set up a test site but people complained. wayne freedman explains what's going on. wayne: they are the byproduct of this pandemic, testing stations

have popped up, making it easier to track the advance of this latest covid surge. >> i was having some headaches. a friend may have it and i work around people all the time to so i think i might as well just get it. >> when brandon got tested at eva, he knehed ust the results. that has not always been the case elsewhere. >> not properly social distancing, not answering questions about who they are, not disclosing their training. >> that is cindy ross describing this testing site that appeared in in fairfax on a public sidewalk about 10 days ago. the county closed it down yesterday. >> my doctor is in san francisco and i thought, ok, if i can get a free test across the street from my house, why not? >> cindy reported the nonprofit to marin county health and now the state has investigated -- is investigating. > they set up in the town of fairfax on public ground. in order to do that, they knew to obtain a certain level of permissions or a permit, none of which they had.

>> community wellness did not return our calls today. they are a nonprofit and have said they have conducted some 200,000 tests across the country. but there is money in this in the form of reimbursements from the government, anywhere from $50-70 five dollars per test. now, the state wants to know if community wellness was properly accredited. >> was this particular organization properly licensed to be administering these tests in the first place? >> cindy told us the company had botched two of her tests. when she called for more information -- >> they couldn't tell me, they wouldn't locate would happened to my first test, because they did not label my second test properly, it was discarded, along with 172 other people the same day. >> it's a cautionary tale for covid times and a lesson. if you are going to get tested at a pop-up site, asked to see the permit. in fairfax, wayne freedman, abc seven news. >> starting tomorrow, you will need proof of vaccination to get

into one of san francisco's most famous restaurants. abc seven news went by john's grove, where you will -- grill, where you will need to prove that you have been vaccinated in order to dine. the spread of the delta variant we recently heard that eris a t had to shutdown because of outbreaks, and so that made us very, you know, weary, and we wanted to make sure we were taking all precautions to make sure that, again, we are staying as safe as possible, the community is as safe as possible. >> anybody who has already booked a reservation can expect to receive a phone call about the vaccination requirement. >> stevie nicks has canceled her headlining performance at bottlerock over labor day weekend. she tweeted, while i am vaccinated, at my age, i am still being extremely cautious and have decided to skip the performances i plan for 2021. napa's other concert venue will require proof of vaccination or a negative test result to get in. the concert series starts this

weekend and continues through mid-october. organizers wanted to err on the side of safety. masks are recommended but not required. >> three major u.s. airlines say they will not require workers to be vaccinated, southwest, american and delta. so far, united is the only airline to mandate employees get vaccinated or face termination. hawaii is tightening covid restriction amid a spike in cases. restaurants, bars and gyms are limited to 50% capacity. officials say they are not changing tourist entry requirements at this time. >> new at 11:00, a hate investigation is underway in palo alto. customer at fuki sushi went on a racist tirade directed at the restaurant's owner. are reporter explains what led to that heated confrontation. >> at fuki sushi in palo alto,

the signs are clear to see, electronic payment only. but on august 1, but when a customer tried to pay in cash, a server pointed to the policy. the reaction enough for restaurant owner lomi gardener to step in. >> there was no warning. it just went from, oh, i'm so sorry, we are all electronic, to eruption. >> gardner was on the receiving end of a 15 minute racist tirade that spilled to the parking lot. >> were you even born here? did you even go to school here? you're un-american. go back to your country. we don't want you here. >> ask anyone, the restaurant is considered a beloved staple in the community. she says her family opened the restaurant and 1978 -- in she 1978. says she has never experienced an attack like this. >> i told him, you cannot talk to people that way. i am a person. you cannot talk to me that way. >> i would say i am surprised but i am not. it is virtually part for the

course. >> this councilman was part of the stop aap i hate rally in palo alto. he says people are no longer tolerating this type of behavior. palo alto pd is classifying this as a hate investigation, working to answer whether there was an underlying crime committed. if so, this can be elevated to a hate crime. word about the confrontation has led tgo overwhelming support, including monetary donations. she is asking those resources be redirected to nonprofits. >> a leader in oakland's chinatown is calling on governor newsom to declare a state of emergency over violent crime. >> we want you to bring in california highway patrol. i am not only asking you to patrolling chinatown, i am asking sending the police, the chp, to the seat of oakland. all areas, we need your help.

>> the chamber president says the spike in violence is holding the city of oakland hostage, with cities living in a state of continuous fear. gov. cuomo: the best way i can help now is if i step aside. >> new york governor andrew cuomo bows to pressure and resigns. reaction tonight from president biden. >> a professor arrested in an arson spree. what we are learning about his local ties. >> the big changes for hammonto -- hamilton ticketholders tonight. >> a stretch of hot summer days are ahead. i will have those temperatures coming up. >> here's a look at what's coming up tonight on jimmy kimmel live with guest host david spade. >> thanks. please watch the show or they won't comp my lunch. >> i learned a few things at italian. i learned how to say, can i please have a nice latte to go -- an iced latte to go. [speaking italian]

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dan: new developments tonight. embattled new york governor andrew cuomo is resigning amid allegations he harassed nearly a dozen female employees.

reporter josh china could has the latest. >> during his 10.5 years as governor, andrew cuomo has wielded absolute control over new york state government. even as this controversy has engulfed his administration, no one in politics actually thought he would relinquish that control, until today. gov cuomo: and i think that given the circumstances, the best way i can help now is if i step aside and let government get back to governing, and my resignation will be effective in 14 days. >> flanked by his lawyer in a room with no independent journalists, the disgraced governor of new york gave up, agreeing after months of pressure to step aside. gov. cuomo: and my instinct is to fight through this controversy, because i truly believe it is politically motivated. >> it was just yesterday the state assembly's judiciary committee took its first meeting since the bombshell attorney

general report, which alleged andrew cuomo had sexually harassed 11 women, including his former executive assistant. >> he put his hand up my blouse and cupped my breast. >> he faces potential misdemeanor criminal charges in albany, as impeachment investigators consider his alleged use of state resources to write a book and whether he mishandled covid cases in nursing homes. cuomo claims he takes responsibility for his treatment of women, though he insists it was not sexual and he believes he is a victim. gov. cuomo: if i could communicate the facts through the frenzy, new yorkers would understand. >> buffeted by controversy and deserted by fellow democrats at the highest levels of government, cuomo instead backed down. >> governor, do you feel a weight off your -- >> his security detail escorted him to a helicopter for the flight back to albany, where in two weeks, he will turn the reins of government to his

lieutenant, a former member of congress from buffalo who will be the first female governor of new york in history. pres. biden: i respect the governor's decision and i respect the decision he made. >> president biden is an ally of governor,. over the last couple -- governor cuomo. over the last couple of weeks, he suggested he should step aside. as for the impeachment inquiry, the state legislature has not made clear what it claims to do next -- plans to do next now that the governor has agreed to resign. in new york city, abc 7 news. >>, in the east bay flaring at the chevron refinery in richmond cause concern today. something led sulfur dioxide to be released this afternoon but that it was the lowest level of sarov -- severity. no shelter-in-place or evacuation orders were issued. dan: in the north bay, a wildfire chewed through 50 acres before firefighters could get it under control. up to 100 firefighters responded

and had to deal with very windy conditions. smoke lingered throughout the evening in santa rosa. >> developing news, the dixie fire grew to more than 490,000 acres and 27% containment. nearly 550 homes have been destroyed. we are seeing new video as flames approached the town of greenville last week. you can see the tower and plume of smoke with flames causing the base of the cloud to just glow that ominous orange. meanwhile, a college professor is under arrest, accused of intentionally setting a number of fires near the dixie fire zone. the investigation started on july 20 and including an agent putting a tracking device on the suspect's car during a traffic stop. the 47-year-old is charged with setting the fire. he worked at santa clara state -- at sonoma state and santa clara university. you can find our wildfire tracker on abc seven news.com. >> let's turn our attention to

windy conditions out there. >> just walking through the hallway, looking out the window, the trees outside were blowing. sandy: this afternoon, we had a nice sea breeze. things are pretty quiet at this hour, ama and dan.av anats al nohw also, inland valleys will continue to see the hot weather. today, we had upper 90's to the low 100. could be some records around the pacific northwest. 107 at medford, 109 in reading. it will be a scorcher important. palm springs -- scorcher in portland. palm springs, 108 degrees. risk of heat illnesses in mendocino county as temperatures soar up to 105. degrees want to turn your attention to something beautiful. take a look, it is venus and the moon tonight just after sunset. you will notice that there is some fog down below.

in case you want to check out the perseids meteor showers tonight, looking northeast before midnight -- just before dawn. the peak is coming up tomorrow night.wing you a little bit of fog. here's a look at what's happening down south. weavit is the monsoon flow, whie will be keeping tabs on tomorrow and thursday. temperatures right now, 50's-70's, so holding some of the heat from earlier in the day. a lovely view of the fog over downtown san francisco tonight. watching that smoke as well. near the surface, it is looking ok, maybe a little bit of smoke tomorrow, thursday morning -- excuse me -- at 5:00 a.m. between tomorrow night and thursday, we will see more smoke and h most of youaze. the next four days, moderate air quality.

if you have respiratory issues, keep that in mind. fog along the coast tomorrow morning, and then we watch that monsoon moisture. there is a slight chance between wednesday night and thursday morning that theren could bea isolated -- there could bean isolated, dry thunderstorm. some fog around near the coastline to start the day. tomorrow afternoon, you're looking at triple digits inland once again, fairfield, antioch. 89 in san rafael, up to 90 in santa rosa. 68 in half moon bay. 87 degrees in san jose. you're accuweather seven day forecast looks like this. it is sizzling inland tomorrow, partly cloudy as that monsoon moisture comes in on thursday. temperatures are going to hold in the upper 90's to the low 100 going into the weekend, and then early next week, we financi -- finally see a drop off in temperatures.

the coast will remain nice and comfortable. dan: that is a goo voiceover: riders. wanderers on the road of life. the journey is why they ride. when the road is all you need, there is no destination. uh, i-i'm actually just going to get an iced coffee. well, she may have a destination this one time, but usually -- no, i-i usually have a destination. yeah, but most of the time, her destination is freedom. nope, just the coffee shop. announcer: no matter why you ride, progressive has you covered with protection starting at $79 a year. voiceover: 'cause she's a biker... please don't follow me in.

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ask your doctor about once-weekly trulicity. dan: abc seven news was outside the orpheum theatre in san francisco tonight as the crowd waited to get into watch "hamilton." in order to get in, guests need to be fully vaccinated or have a negative covid test. masks are required at all times, regardless of vaccination status. the show will be here through september 5. when we checked last, there was some tickets still available. ama: it's exciting. it's a good one. larry is here with sports. larry: buster posey is not known for his blazing speed but there he was tonight channeling his inner usain bolt. go, buster. sports is next.

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sports on abc 7 is sponsored by your local toyota dealers. larry: good evening. best team in baseball opened up a nine-game homestand tonight. the giants entertaining the last place diamondbacks. two game miniseries. this is really cool right here. madison bumgarner receiving the impromptu standing ovation from giants fans. oh, they love madbum. buster posey puts the giants up 5-0 in the fifth, his 14th homer of the season, dead center field. 5-0, what could go wrong well -- what could go wrong?

well, alex wood gives the lead right back in the sixth. asdrubal cabrera, high, deep and aloha. brandon crawford drives this one deep to the gap in left-center. posey huffing, puffing, scores all the way from first. giants up two. jake mcgee gave up a two run lead in the ninth. a rocket that's too hot to handle, lamont way junior scores, safe at first and the giants win. terrific finish. a's and cleveland, pulled pork sandwich topped with froot loops? not sure about that. you drive electric or straight gas? this one settled into extras. jed lowrie, this guy is unbelievable this year, doubles down the left-field line, elvis andrus scores. andrew chafin into close it out, stranded the runner on second, strikes out bradley zimmer to end it. they win their 5th in a row. the 49ers open the preseason saturday against the chiefs.

coach shanahan would not reveal what his quarterback rotation would be. jimmy garoppolo has a new center , a trusted veteran, combo of inspiration and perspiration. >> you are playing a dry game, and all of a sudden, it's a rain game when you get the snap. i get a lot of sweaty centers. i can't believe we are talking about. >> the summer of klay continues. klay driving his trusted powell rocco in the backseat. who's got it better than rocco, klay thompson? nobody.

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that's a wrap for tuesday. thanks for watching. i am ama daetz. dan: and i am dan ashley. we appreciate your time. right

in chile, a truck