gay marriage remains on hold tonight in california awaiting decision from a federal judge. good evening everyone i'm heather holmes. >> and i'm frank somerville. u.s. district court judge walker is allowing time for

appealing of his august 4th ruling that prop 8 the gay marriage ban is unconstitutional. tonight's decision -- >> reporter: the ninth circuit court of appeals is now on the clock. folks here in the castro say, we've waited decades, we can wait one more week. the anticipation waited all morning. they waited, and waited and then -- >> i think we won. >> reporter: judge walker lifted the temporary stay on

same-sex marriages but his order does not go into effect until wednesday night next week. same-sex marriage supporters were left hugging, waiting and wondering what's next. >> it's always disappointing when you are told you have to wait. >> it will happen eventually. >> reporter: judge walker wrote that the proponents of proposition 8 quote do not adequately explain the basis for their belief that marriage is -- >> the fourth federal court, including the ninth circuit has

to find that the party bringing the appeal has proper constitutional standing. >> reporter: professor nice says in order to have standing, the stay should propose proposition eight but the governor has refused to support the case. >> the court said, we have grave doubts about whether the backers of the initiative could defend the constitutionality of that initiative on their own without the government. >> reporter: and we should note that judge walker highlighted that exact supreme court opinion in his ruling today. while uncertainty still lingering, we have learned more about that nine judge panel who

were appointed to hear the case. and the governor released a statement tonight. two of the plaintiffs in the proposition eight lawsuit expressed cautious optimism today following the announcement that the stay on marriage will be lifted in a week. >> we believe our case will be vindicated. >> reporter: jeff zarrillo and his partner spoke to a crowd in west hollywood. supporters gathered there to hear the decision and when they heard it, there was a lot of cheering. they call it judge walkers' ruling outrageous. >> he wants to muck things up

because he's a liberal judicial activist, he's not what he wore he would be, a defender and supporter of the written constitution. he's supposed to be duty bound. >> reporter: in their appeal, prop eight supporters argue that lifting the stay and allowing same-sex marriages to begin will only lead to confusion and disorder. for more reaction now from the supporters of the marriage ban, we go to ktvu's patti lee, she's live for us tonight. >> reporter: every day they've been telling us that their faith in marriage is rock solid, it's their faith in the system that a little shaken. >> it will just confuse if that definition is changed. >> i believe same-sex marriage will start to stop procreation. >> reporter: supporters spoke out about proposition eight. >> it's not about hate, we love

everybody. it's about enforcing the dictates of the bible. it doesn't have anything to do with the constitution of the united states of america. >> reporter: the decision may turn out voters who turned out in force to vote against same- sex unions and won. >> i think pretty soon you have apathy for the whole system and pretty soon it's like, why bother. >> the biblical view is that two people of the same-sex having sexual relations goes against the heart of god. >> reporter: and that fundamental incompatibility has caused rips among those who don't see eye to eye. >> i lost some friends in the process. >> reporter: thomas lory says life as a single father of two reaffirmed his believes in civil union. >> the things i couldn't give my daughter and could not give my son. it's hard to believe that two

men or two women would be able to give a child what they need as a man and a woman. >> reporter: that undermines the under pinning of our society. a domino effect he says he can't support. patti lee, ktvu channel 2 news. for many gay couples, today's ruling was an emotional roller coasting. coming up, two south bay couples who had weddings planned today they saw their celebration turn to frustration. our coverage also continues at ktvu.com where you can read today's rulings for yourself and find an entire section on same-sex marriage. contra costa sheriff's investigators today -- hector sanchez was shot and killed yesterday in his home on the 1900 block of calav era z boulevard. the shooting was part of an ongoing dispute between sanchez

and the suspect 30-year-old rubio of bay point. rubio is now under arrest at the county jail in martinez. there are new developments tonight on the search for a rapest who has been attacking women at a apartment complex. they have now confirmed a key fact about the three attacks and have released a new sketch. rob roth has details. >> reporter: the three assaulted happened here at the regency apartments near walnut creek. today investigators say the statement same person attacked the three women. and they know think they know who it is. the attacker is described as african american, 20 to 30 years old and 200 pounds. flyers alerting residents are posted along the complex.

women we spoke with say these indenses change how they live. >> one of my daughters is a 15- year-old daughter doesn't want to come here. so they are staying with their dad, i have to go over there and see them. they don't want to be here, they don't want to have anything to do with this place. >> i've already put dowels on my window. i'm already hyper vigilant, i have pepper spay. last month a 23-year-old woman was raped inside her apartment and in late june another female was accosted by a man who asked her for a glass of water. her screams alerted her boyfriend and the intruder fled. >> all the normal little noise that i'm used to cause me heart, chest to kind of go a little faster. >> reporter: law enforcement officials are reminding residents to lock their doors and windows and never open

their door to a stranger. near walnut creek, rob roth, ktvu channel 2 news. dozens of people sang tonight for an 11-year-old boy who's death till this day remains a mystery. friends and family members held a prayer service at the spot where james fossesilas body was found three days after he died. the boy's body was found wrapped in a blanket near a homeless encampment. the cause of the death still remains a mystery. >> it's still the same, year after year. it still hurts, the hurt never goes away. i just wish whoever knew something would let us know. >> reporter: faa sasila's

family has set up a reward for anyone who has information. the governor's office says it plans to file an appeal tomorrow with the state supreme court. depending upon how quickly the court acts, state workers could face furloughs the last two fridays of this month. while there is no sign of when we may see a budget, the state senate today passed a bill requiring companies bidding on the high speed rail project to disclose whether they transported haul holocaust victims or pow's to camps. the state of alabama has

filed two lawsuits. the state attorney says bp has broken too many promises about taking responsibility over what happened. a bp spokesman says the company does not comment on ongoing litigation. that is not the only legal problem bp is facing tonight. the oil giant has now agreed to pay a record $50 million fine for failing to correct safety hazards after an explosion at a refinery in texas. that explosion back in 2005 killed 15 people. osha said bp failed to make improvements quickly enough even as the company sought additional time to fix repairs. the fine is the largest penalty osha has ever issued. will pet stores in san francisco be able to continue to sell small animals? we'll have the latest development. more disappointing economic news, we talk to bay area people who know it all too well. and a beautiful sunset

you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about your fiber too. i have for a while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer fiber one. cardboard no. delicious yes.

dad, sometimes i feel like we're dwe are different, son. we serve teriyaki bowls. delicious steak or grilled chicken on a bed of steamed rice, with broccoli, carrots and teriyaki sauce. you bet we're different and proud of it. but aren't we different in another way? we serve anything on our menu anytime of day. that's my boy. an francisco once again is poised to make history in an effort to prevent unwanted petting from being euthanized. officials are requiring a first in the nation's ban on the sale of pets. amber lee joins us now live. >> reporter: here at city hall

it was standing room only as thousands gathered into this meeting to express their opinion. the ban is pitting animal rights activists against pet store owners. the proposed ordnance would ban retailers from selling dogs and cats but hamsters, guinnie pigs, chinchilas and other small animals including birds. supporters of a ban say the big concern is where the animals come from. >> the selling of puppies from puppy mills which is how this thing got rolling along. >> reporter: animals rights activists say the bill is needed to stop selling pets from puppy mills. >> i've never been able to keep up with the surrender calls that we've taken in.

>> reporter: the owner of the animal center says his business h has been here for 20 years. rick french says the ban will likely put him out of business, as it is, he says he's having a hard time keeping up with big chain stores. >> mom and pop shop is what we are. it's been around for years and years and years in this country. that's where people first make contact with animals as young children. >> reporter: but animal rights activists say the ban include retailers of all sizes. >> don't exclude small pet shop retailers from any of this. some of the worse investigative cases that i've ever covered across the nation happen in small retailers. >> reporter: the meeting ended about an hour ago with the commissioners postponing their vote until the beginning of in next year. in the meantime, they are urging both sides to come up with a compromise.

reporting live here, amber lee, ktvu channel 2 news. uc berkeley's plan to compile genetic information on its incoming freshman has been scaled back. the university is collecting and testing genetic samples. it now says the results will be combined to create a general profile of the incoming class. but because the state department of public health objected to releasing individual genetic tests, students will not get a personal analysis. the california chamber of commerce today came out against proposition 19 saying the pro proposal to legalize marijuana would create a conflict with business. >> an employer can no longer have an ability to have a drug free workplace based on prop 19 because we are creating a new

protected class of individuals in california. >> but prop 19 supporters say the measure would allow employers to continue to enforce their current workplace rules. and at the close, the dow was down 58 points while the nasdaq lost 19. as rita williams reports, new unemployment figures reflect the hard reality. >> those will eventually chose me because i was the new hire. >> reporter: four months ago he lost his $11.45 security job and he, his girlfriend and almost one-year-old son ethan couldn't afford their $1,100 a month apartment in sunny vale on her sales job alone.

instead of living on the streets, they say they are thankful for one of the nine temporary apartments at shelter network's redwood family house in redwood city. he was in the office today searching online for a job. >> there's a lot of love here, it helps us. it's something that we shouldn't be ashamed of. if you're in this position, ask for help. >> reporter: calls for help in san mateo county have more than quadroupled. >> we are seeing more one or two apartment households not able to make it. >> reporter: new application for unemployment benefits rose last week. that means the national unemployment rate for august will probably remain at 9.5%. >> it's going to be a slow growth outlook. it's going to be tough for job seekers, the job market is going to stay really in the dumps it seems like. that we're going to see, we're going to have 9% unemployment

as far as the eye can see. >> reporter: patty says he tries not to dwell on the negative. >> we still look at the positive things that help us out. there's a lot of positive, that's what keeps me smiling, that's what keeping me going. >> reporter: patty says his family can't wait until the economy turns around, he needs a job now. rita williams, ktvu channel 2 news. general motors announced today it's largest quarterly profit in six years along with a big change at the top. ceo ed whitacker will step down on september 1st after nine months at the helmet. dan ackerson is set to take his place. the news came as $1.3 billion on sales of $33 billion. gm is expected to file as early as tomorrow for a stock sale that would pay back some of the $52 billion it received as part

of a government bail out. you noticed it was warmer today by a good 10 degrees in many locationings. this time last week the fog was inland. it's foggy in oakland and berkeley now. but that's where it stops, the fog isn't over the east bay hills yet. temperatures are in the upper 60s, out toward the delta into the low 70s. warmer now means warmer tomorrow. 54degrees, 55 in san francisco, i'm back here in about 10 minutes with tomorrow's forecast, see you then. more than 5,000 firefighters took off today on a cross country run to honor the victims of the 9/11 attack. bag pipes played this morning as american and australian firefighters left los angeles.

the tour of duty 2010 pays tribute to emergency workers all around the world. the firefighters left at exactly 8:46 a.m., the same time the first high jacked plane entered the city. and a woman was robbed of jewelry as walking down the street in broad daylight. thousands of ♪ keep feeling fascination

♪ passion burning ♪ love is so strong ♪ thousands of care givers two were fired this last weekend rallied today outside of an oakland facility where

they used to work. the rally took place outside piedmont gardens, a senior living center. workers at the center went on strike last week. when they returned to work, 37 of them were fired. residents at the facility say the workers are missed. >> they know the people here, it's really difficult to function without their help. >> reporter: the owners of piedmont gardens say the 37 workers are on a rehiring waiting list. workers said that betmo told them last week it is cutting all full time hours to halftime. betmo released a statement

saying the companies have cut work hours. a plan to cut bart fares by a little and for some time appears to be on the cutting block. now bart has to decide what to do with an estimated $8 million surplus. ideas include delaying a 2012 fair hike or using the money to better clean trains. san francisco nummi is trying to increase it's fair jumpers, so they tried to crack down on fair jumpers. inspectors today were riding the metro to make sure their riders had proof of payment. anyone who couldn't prove they paid got a citation for $75.

a woman was robbed of jewelry. police say the 54-year-old woman was walking with two shopping bags when the two men drove up. they say the second rider got off, said that he had a gun then took her bags. the robber then got back on the motorcycle and the two men sped off. at this point police have made no arrests. the san francisco fire department today honored three san francisco sheriff's deputies deputies for their heroism. >> reporter: fire chief joann hayes wife presented certificates to the deputies. the third deputy was out of town and could not attend. the three deputies pulled out

two visitors --

all right as i mentioned the fog not as far inland right now as it was last night at this time. of course what that means is a warmer day tomorrow. the fog is in your neighborhood tonight but it burns off quick. the extended forecast continued warming. that's five, 10 degrees warmer than it was a couple of days ago. so things are warming up.

the fog is getting punched back at the coast a little bit. tomorrow morning it's in your neighborhood but watch what happened. just like today, burns off quickly. with that you have nowhere to go but up. the forecast highs tomorrow, look for the reds and oranges as they come out of the valley and they work their way west. this is one of the warmest isothermal forecast. warmer day for your saturday, i'll be back with your weekend forecast, i'll see you then. for the thousands of same- sex couples who lined up at city halls all across california hoping to get married, today's court decision and delay was both exhilarating and bittersweet. ktvu's maureen naylor was there when two couples heard the news and has this personal look at their reaction. >> reporter: in the lobby of the clerk's office this morning, two engaged same-sex couples nervously waited to hear if today would be their

wedding day. >> i don't want to miss the window of opportunity. we missed it last time and if there's a ten minute window when they say yes go ahead. i want to get in there and be able to do that. >> we've been together in september it'll be six years. so it is time. it's time. >> lisa clerk and lina bracketely sat next to coo and motareli checking phones. two rows behind, heather nunes and husband sat in opposition. >> that's not ta way it's supposed to be. >> reporter: then the news came. but then 10 minutes later.

>> i still cannot issue marriage licenses until after 5:00 p.m. on august 18th. >> reporter: word they'll have to wait until next wednesday to get married. >> some of our friends are married but we can't. come on let's just end this and get over it. >> if it takes a year, we'll come back. if it takes five years, we'll come back. we're americans and we're not going any where. >> reporter: this minister who had planned to perform the ceremonies believes the extra time is worth waiting for. >> if it takes a week to get et right. we'll wait that week. >> reporter: the santa clara county's clerk's office plans to stay open late next wednesday until 7:00 p.m. if it has to accommodate a rush of same-sex marriages. maureen naylor, ktvu channel 2 news. as that august 18th

approaches, stay with ktvu.com. an francisco police asks for the public's health to kidnap and sexually assaulted a 25-year-old woman. two men picked the woman on california street where they sexually assaulted her. the woman described her attackers as hispanic and she said they told her they were from san jose. they were in a volkswagen golf. she said one of them was named oscar and the other was johnny. and she also said one of them was celebrating his 18th birthday. on the home of the 100th block of mcarthur boulevard. at one time the home was inflamed and there was a man inside. he also was injured but refused medical assistance.

the city of freemont recently dedicated a new fire house. the new fire house isn't being used. and ktvu's lloyd laquesta is in freemont tonight to explain why. >> reporter: for now, it will remain empty. freemont fire chief bruce martin gave us a tour of this new fire house. room for six firefighters with a traditional fire pole to go down. but now there's not enough money in the budget to put fire fighters to work in station 11. >> government budgets follow the economy and we're dealing with the same kind of trials and tribulations that everybody is right now. so we're making due with the budget we have right now. that means this fire station is browned out or closed virtually every day of the year. >> reporter: this fire house is

located at an office park. of all the stations, it has the lowest calls. all of surrounding buildings are equipped with sprinklers. there are few residents here but there is a busy health club. >> we pay our taxes to get that. now suddenly they say we can't afford to get the gentlemen in there to take care of the community. that's troubling. >> we are all struggling with how to make ends meet, whether it's in your house or in your business, or in the city, we're all struggling. they have to do what they think it's best. that's what we elected them for. >> it's tough whenever you have to cut back on services like that. because there's life and death kind of things. >> reporter: fire officials say that they'll try to do what they can but response times may be longer. >> so we'll be browning out an additional fire engine every weekend for the rest of the

fiscal year. >> reporter: the chief says the only bright spot is that four years ago it was estimated this fire station was going to cost $6 million to build. because of the down economy, costs dropped to a little less than 4 million. when this fire house will open is anyone's guess. live in freemont, lloyd lacuesta. gangs engaged in a turf battle. why some say the city's plans will not work.

>> san francisco is asking a judge to issue a gang injunction to stop violence in visitation valley. the city attorney's office said two gangs are fighting for supremacy there and that two people have been killed. the police want to cover that area with an injunction. but not all residents that convinced that will work. >> i still don't believe in it. these kids need jobs, housing, counseling, therapy, everything. there doesn't need to be a gang injunction. >> reporter: the proposed injunction would prohibit 41 particular individuals from engages in gang activity. if the judge approves, the injunction would take effect at the end of next month. protesters catching out at a santa cruz city hall whether at santa cruz city hall ended in trouble once again last night. one person was arrested, six others were ticketed. the protest started on july 1st in front of the county

courthouse. homeless activists want the city to end its ban on sleeping outside on public property between 11:30 at night until 8:30 in the morning. they say there's not enough space at homeless shelters to accommodate those in need. and firefighters fought against 40 acres of wildfires. police said they are adding 60 more detectives to investigate just how the fire started. so far 12 people have been arrested. in ecuador a 7.1 earthquake today caused very little damage but masonry fell off some buildings. and there were reports of some homes damaged. the fact the quake was 100 miles deep may have been a factor, although some areas

shook for almost 10 minutes. in india, the government issued a ban on blackberry phones. india and other countries object of incription of those devices. -- oracle acquired the patten when it acquired the system. google says it won't comment on the lawsuit because it has not reviewed it yet. hp says it is cooperating with u.s. and german

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santa barbara county sheriff's deputies say they have busted one of the largest marijuana growing operation they have ever seen. a tip led deputies to nine greenhouses between highway 101 and the pacific ocean. deputies found between 10,000 to 20,000 plants worth more

than $40 million. they also sized several hundred pounds of processed marijuana and arrested three people. the greenhouses used to be part of the los pueblos growing houses. the attorney for steven slater says his client hopes to go back to work and blames stress for his dramatic job resignation. and his attorney says he wants to go back to work. slater facing criminal charges, he cursed at the passenger over the pa system then escaped over an emergency slide. some passengers have their own

version of the event and say slater was rude throughout the ride. and two organizers are vying to organize next year's mavericks event. and who wins is up to the harbor panel. >> reporter: many surfers and fans say mavericks is being overshadowed by mishaps, such as this year when waves went on to the beach injured some spectators. to now a new group, including many competitors wants to take control by reducing spectators and sponsors and rename the

event the moyiarti mavericks. >> the obvious changes that we plan to make would be to not have everyone come out and view the event. event coordinator katherine kelly points out, the event tried to keep people away. >> the message has always been, watch it from your computer, from home, go to, at&t park, watch it from at&t park but don't come here. >> reporter: the chamber of commerce is concerned about the over all impact both in dollars and prestige from a toned down event. >> we have people come all yearlong because they want to come to the place where mavericks is held and go out and see it. >> reporter: but no matter what the contest will go on. >> if you don't get the permit are the surfers who are involved going to boycott the contest? >> no there'll be no boycott.

>> reporter: they will begin reviewing applications next month. robert handa, ktvu news. so tonight's forecast is all about changes, we've been talking about that, less fog means a warmer day tomorrow and a warmer weekend ahead. there's a little bit of fog now. when you think about where we've been with fog the last few weeks it's been inland, all the way to antioch. it's not the case now. the forecast calls for fog to get pretty far inland but it will burn back quickly or should burn back quickly. a warming trend in your bay area forecast, it did warm today as we talked about. should warm a couple of degrees tomorrow. the key will be that burn off on the fog. it should burn off by about the same time it did today. 10:00, 11:00 in most areas or inland areas even quicker than that. that is your culprit for your below average temperatures. here is what's happening, high bumps in, that's supposed to be

there and we begin to warm up. you're still going to have fog, but you might see some breaks like we did today at places along the coast. but we're going to see a warmer bay area week and because of this high pressure center. overnight will be in the 60s. the high will be in santa rosa, napa, freemont, san jose. 53 in freemont, 54 degrees up there in concord. the forecast in tomorrow, the microclimates are for today. 50s and 60s right along the bay. now it starts to come up because the fog didn't come that far inland and it didn't last that long. now we're seeing temperatures in the upper 80s. you could find yourself in the upper 80s. we go to freemont a little further to the south. tomorrow, 54 degrees for a daytime high. 64degrees at lunch. as we head in, 67 in

richmondful very similar to what we had today for temperatures. saturday and sunday warmer still. you'll see that in the five day forecast. sunday is the warmest day of the weekend. what we're calling here, what we're talking about is not a heat wave. it's not just what we've head. because what we've had has been really ridiculous cool. daytime highs in the low 70s, some in the 60s. that saturday high 83, i think a little light on that. i think

twizzlers. the twist you can't resist. the charcoal went out already? [ sighs forget it. [ male announcer there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill. in every bag of kingsford charcoal. dad, sometimes i feel like we're dwe are different, son. we serve teriyaki bowls. delicious steak or grilled chicken on a bed of steamed rice, with broccoli, carrots and teriyaki sauce. you bet we're different and proud of it.

but aren't we different in another way? we serve anything on our menu anytime of day. that's my boy. monsters invaded san francisco ward today. actually it was people wearing plastic bag monsters. they were trying to make a point about plastic bags. save the bay estimate that is 1 million plastic bags line up in san francisco bay each year. mark is back with sports. but it would be nice to say the raiders are back. >> a long way to go. >> but they are starting okay. >> it could happen.

yeah it was the fourth quarter of just a preseason game. but it just always feels better to win. any taste the raiders get of it is a step in the right direction. down in texas against the cowboys tonight. 5:05 next. 9-0 boys. kyle bowler, a little flip to nick miller. touchdown and the raiders were 9-7 after a quick three. raiders get the ball back, screen it, to michael ben net. do the bulk of the work, 33 yards. down to the boys 18-yard line. 1:54 left, raiders lead 10-9. matt nicoles, picked by jerome board. he will high tail it, 50-yard touchdown. 17-9 raiders do win their opener. the niners don't get to crank it up until the weekend in new england. many items on the menu to check

out. but the special might be tim gibbs, a receiver the miami dolphins just completely gave up on. and he wants to start proving them wrong. >> it gives you a chip on your shoulder. what i want to show is that they were wrong about me. i'll just let the game come to me. the more big things you do, the more big times you have. >> the bullpen blows a 7-3 lead but who won the game? the giants, that's all that matters out in at&t this afternoon. pat burrell local product just continues to crank it. his 11th home run, and solo it is. pablo sandoval in the it's about time category.

first homer since june 15. we have a stubborn game. you think the giants are coasted in 7-3 but the bullpen gives it away. bottom of theninth. andres torrez deep center field, mallenburg not going to get it. it was at least going to be a sacrifice fly. giants win it 8-7 the they are 2-1/2 out. and if you look at the scores, we won't be talking -- we wouldn't be talking about him but he's tiger woods. he he's tied with two others at four will have under par at one of the pga. that's the sporting life for a thursday night.

back to you. heather, frank. >> thanks, mark. that is the 10:00 news for tonight, i'm heather holmes. >> and i'm frank somerville. our coverage continues online. good this lighting is awful.

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