three weeks ago george floyd was killed on a minneapolis street three days ago, rayshard brooks was shot and died in a parking lot. today, president trump will sign an executive order on police reform we have got a preview of what's in it. the landmarkupreme court decision on lgbtq rights what it means for workplaces across the country and one of the biggest surprises, the justice who wrote the ruling. an investigation under way when three uniformed nypd officers may have been poisoned with bleach in their drinks at a popular fast food restaurant. a grim new coronavirus

prediction on when the u.s. could surpass 200,000 deaths as cases surge in nearly two dozen states and the president's push for massive campaign rallies in just a few days. if you're planning a vacation getaway, is it safer to fly or drive "early today" starts right now good tuesday morning i'm frances rivera. >> i'm phillip mena. thousands across the country are clamoring for police reform as demonstrators mourn the death of yet another black man killed at the hands of police, rayshard brooks in atlanta, hundreds marched in his memory while his family is demanding justice. blayne alexander is there. blayne, good morning >> reporter: good morning to you there are three separate investigations happening at least, including from the fulton county d.a.'s office i spoke with the district attorney to find out signs now w

name, rayshard brooks. the 27-year-old shot and killed friday night by an atlanta police officer >> i can never get my husband back i can never get my best friend >> reporter: the father of four fell asleep in his car on friday night, blocking this wendy's drive through. someone called police. >> hey, my man. >> reporter: at least six different videos show what happened next. >> how much did you have to drink tonight? not much how much is not much >> reporter: this police body camera video shows -- >> do you have any weapons on you, anything like that. >> i don't have anything on me. >> reporter: -- a mostly calm interaction. brooks taking a field sobriety test, which investigators say he failed at one point offering to walk home >> my sister's house is right here. >> reporter: 43 minutes into the video, as officers moved to arrest him -- >> i think you had too much to drink. hands behind your back for me. >> reporter: -- things quickly escalate eyewitness video shows a struggle, brooks grabbing an officer's taser and running before he turns, appearing to point the taser at him

an officer responds with deadly gunfire, brooks shot twice in the back. >> 27 years of age no one walking this green earth expects to be shot and killed like trash in the street for falling asleep in a drive through. >> he was always happy he was always smiling. you didn't have to kill him. >> reporter: within hours of the shooting, the city's police chief steps down officer garrett rolfe terminated the second officer on administrative duty. atlanta's mayo that way. it frustrated. >> reporter: the district attorney says he will announce this week whether he plans to bring charges. >> the question that we have to decide is at that precise moment whether or not mr. brooks was in the position to cause imminent

bodily arm to that officer or some other member of the public. >> reporter: the head of the union representing the officers says the process has been unfairly rushed and called for a thorough investigation >> to allude to the fact that to people to look at the video and say the officer shot him in the back, i think that's improper to make that decision right at this point. again, that's why you have investigations. >> the first call was because a man was asleep where is the empathy in just letting him walk home. >> reporter: for brooks' wife, the worst pain was spending the day with their daughter blessing, celebrating her birthday after her father was killed. >> it iso be a long time before this family heals. >> reporter: now for first time we're hearing the 911 call that brought officers to this wendy's, less than two minutes long, the caller, an apparent employee, when asked whether they believed that brooks was armed or had any weapons, the caller responded no, i think he's intoxicated

phillip? >> blayne, thank you for that report. in seattle this morning, protesters continue occupying part of the city and demanding police reform. nbc's jo ling kent is there with the details. >> reporter: seattle is on edge, protesters showing no signs of leaving this six block area after taking it over a week ago. now festive, crowded and peaceful, demonstrators pitching tents and planting gardens this weekend in a newly renamed capitol hill occupied protest. >> we're here in peace and solidarity for a cause that leads to change. >> reporter: their doo mands, reduce funding for the seattle police department, investin th black community and release arrested protesters. the president doubling down on local officials. >> if they don't do the job, we will do the job. >> reporter: the seattle police union blames the situation on local leaders. >> when you voluntarily surrender a police facility and you acquiesce to unreasonable acti activism, criminal activity for political gain, to me that's

unconscionable. >> reporter: mayor jenny durkin did not give specifics on what she'll do next. >> we're working with all people to move forward to find a way we can accommodate first amendment, but also make sure we have a vital area for our businesses and residents. >> reporter: since this occupied area spans several city blocks, police now say it takes three times longer to respond to 911 calls, putting even more pressure on leaders and protesters to resolve this as quickly as possible. >> jo ling kent. now to members and advocates for the lgbtq community are celebrating with victory as they have now protections in the rule place. the supreme court ruled employers cannot discriminate based on gender orientation or status here is nbc's pete williams. >> reporter: it is a stunning ruling from a more conservative supreme court, a major decision on civil rights.

the court set a 56-year-old law, the 1964 civil rights act, also bans job decisions because of sexual orientation and gender identity because they're forms of sex discrimination. it is a victory for gerald bosstock, fired from a job in georgia. >> my heart stopped. i went into shock. i didn't ask for this journey, i was willing to do it because no one should go to work fearful of losing their job because of who they are, who they love, or how they identify. >> reporter: the vote 6-3 with chief justice john roberts and neil gorsuch joining the court's four more liberal members. more surprising, it was gorsuch, president trump's first supreme court appointee who wrote the ruling congress might not have anticipated this result when it passed the civil rights act, he said, but, quote, the limits of the drafters imagination supply no reason to ignore the law's demands, only the written word is the law >> the lgbtq community was panic

stricken that the retirement of their hero justice kennedy would cause them to suffer a huge setback in the supreme court instead, it is a massive victory. >> reporter: president trump's other appointee was one of the three dissenters justice alito called it preposterous, legislation in the form of a judicial opinion he noted that congress repeatedly declined to explicitly add sexual orientation as a category in the civil rights law the ruling is also a victory for amy stevens, fired when she told her boss she was transgender but she died last month of a kidney disease and did not live to see the victory many gay rights advocates considered this even more important than the fight for same sex marriage and here's why, it used to be this a gay person could be legally married on sunday and legally fired on monday but not anymore. frances? >> pete, thank you now to a rally of pandemic proportions. president trump is moving forward with his rally in tulsa, despite covid-19 cases surging

in 22 states, including oklahoma, which has seen a spike of 186 new cases more than 8,000 people are now infected even tulsa's public health director spoke out, saying he prefer if mr. trump put of it i ahead with people there already lining up. the president says he expects a record-setting crowd meanwhile, in just a few hours, he's expected to sign an executive order on policing. for more, let's go to our capitol hill correspondent tracie potts good morning what can we expect today >> reporter: phillip, you can expect an executive order where the president will urge police departments to track police misconduct, especially repeated incidents in a national database he'll encourage officers to call out mental health professionals when needed on the scene and offer federal grants to encourage police departments to curb their use of force. now, democrats want a lot more than that. they think that a bottom line

here is that the president should ban chokeholds and that this is much more of a show than actual bold reform in fact, we have some reporting that part of what the white house wants here are the families of some african-american victims to attend this signing, but we have reporting from our own msnbc joy reid that the floyd family will not be there president trump says this is all about law and order. >> the overall goal is we want law and order. and we fairly, justly it is about law and order, but it is about justice also and it is about safety >> reporter: now, the president's executive order, again, being signed today, comes as democrats and republicans try to work out something amongst themselves now it looks like republicans will unveil their plan within the next 48 hours.

but won't discuss it until the end of july. and as the demonstrations continue around the country, cities like atlanta aren't waiting for washington to act, they're enacting their own police reforms phillip? >> tracie potts for us, thank you so much, tracie. a check of our tuesday weather forecast and here is nbc meteorologist janessa webb good morning >> good morning, everyone. we do still have sunny conditions that are affecting the carolina coast and it is going to be continuous until about friday afternoon so foggy weather, we already had about five inches for parts of wilmington, north carolina look at our totals, isolated areas from charleston, south carolina to raleigh-durham could see up to seve d.c., this area of low pressure is going to make its way to the northe great

lakes of syracuse. lower 80s. bright sunny skies throughout your afternoon we're talking about summer on saturday i'll have more of that coming up. >> okay. something to look forward to, janessa, thank you. an urgent search continues for a missing ft. hood shoulder. vanessa guiuan was last seen on april 22nd in the parking lot of her squadron headquarters. army officials increased the reward for credible information about where she might be to $25,000. celebrities like salma hayek and other advocates are bringing national attention to the case. the wnba's plan to get players back on the court. a brand-new coronavirus prediction as another major city halts its reopening. at the end of a long day, it's the last thing i want to do. well i switched to swiffer wet jet

and its awesome. it's an all-in-one so it's ready to go when i am. the cleaning solution actually breaks down dirt and grime. and the pad absorbs it deep inside. so, it prevents streaks and haze better than my old mop. plus, it's safe to use on all my floors, even wood. glad i got that off my chest and the day off my floor. try wet jet with a moneyback guarantee you can't fake the goodness the crunch of real almonds how chocolatey chunks taste in cold milk. we keep it real. because you can't fake... delicious special k try nature's bounty hair, skin and nails gummies. the number one brand to support silky hair, glowing skin, and healthy nails. beauty comes naturally, onlyrom nature's bounty. a newlywed... a guy who just got into college... that's why behind these masks, johnson & johnson scientists are working

to accelerate development of a covid-19 vaccine, drawing on decades of experience responding to public health emergencies like ebola and hiv. for the life behind every mask, the clock never stops and neither do we. ...with air wick essential mist. nature... with kits starting at just ten dollars you can transform natural essential oils into mist at a price that is just right. that's a zzzquil pure zzzs sleep. our gummies contain a unique botanical blend, while an optimal melatonin level means no next-day grogginess. zzzquil pure zzzs. naturally superior sleep. now, the nfl moves to start a season amid the coronavirus

pandemic, news broke that several players including cowboys star running back ezekiel elliott tested positive for the virus. his agent told the nfl network that elliott is feeling good elliott is among players from the cowboys and houston texans who reportedly contracted the virus, but no other names have been made public and a plan is in action for the wnba to return to the court. the plan would include a shortened 22-game season and calls for players to participate to receive 100% of their salaries for the 2020 season players would begin in late july at img academy in florida and they have until june 25th to tell their teams if they'll be participating. the country continues to reopen, but coronavirus cases continue to surge. over 20 states have seen a rapid rise in covid-19 cases over the last few weeks florida is one of them and now state officials are speaking out and urging citizens who are out and about to follow social distancing guidelines here's nbc's sam brock good morning >> reporter: frances, good

morning. governors and mayors across the country have a warning for residents today, don't let your guard down it comes as states like florida have seen their biggest sn esgei covid-19 cases yet and a record number of hospitalizations for coronavirus. under a fiery florida sun, the temperatures aren't the only numbers rising so are covid cases miami announcing a pause in the next phase of reopening. >> now is not a time to let your guard down. >> reporter: in the last week, the number of cases state wide has soared by 10,000 florida's governor, attributing the higher totals to more testing, but health officials are worried about the trend. >> i think it has been a pretty rapid rise over the past ten days to two weeks. and so that has to be a concern on its own. >> reporter: concern also across thecountry, with at least 16 states showing a spike in texas, a record number of hospitalizations for covid 19, growing examples of people ignoring the rules in new york, where cases

declined, the governor threatened businesses with cranking up restrictions after floods of people crowded manhattan bars >> people are violating everything everything no masks, no social distancing you're violating the rules what are you doing >> reporter: similar calls for common sense in nashville, after images like this emerged from kid rock's honky-tonk. and in arizona, where hospitals have activated emergency plans, these bargoers in scottsdale line the block, shoulder to shoulder back in florida, several bars shutting down for cleaning after reported covid cases joaquin was taking every possible precaution to stop the spread, and save his business. if you were told by the mayor that you had to shut down again, what would that mean to your business >> it would be very difficult to tell you the truth it would be devastating to shut down again. >> reporter: states balancing an economic emergency with threats of a new covid wave ready to

crash. and even states that have aggressively promoted social distancing are still seeing some troubling signs. in california, for example, l.a. county officials went to 2,000 restaurants over the weekend, they found that about half of them were not in compliance with county rules for reopening frances? >> all right, sam, thank you coming up, a training mission overseas ends in tragedy for u.s. service member. and police in new york are searching for answers afr mbs the force may have been poisoned. it's slippery. nooooo... noooo... nooooo... yeeeesss... quick, the quicker picker upper! bounty picks up messes quicker and each sheet is 2x more absorbent, so you can use less. hey look, i got it. bounty, the quicker picker upper. less oral steroids.

taking my treatment at home. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala at home. find your nunormal with nucala. ask your doctor about nucala at home. for bathroom odors that linger try febreze small spaces. just press firmly and it continuously eliminates odors in the air and on soft surfaces. for 45 days. could put cookies & creme in twix...twix this is a right twix. excuse me... [screams into pillow] new twix cookies & creme.

leading the news, the u.s. fighter jet crashedduring a training mission off the coast of england killing the pilot it crashed into the north sea after taking off from raf blakenheath, the largest u.s. air force operated base in england. the pilot's body who has not yet been identified was found after a search operation the cause of the crash remains unknown. here in new york, three police officers had to be rushed to the hospital. the nypd is investigating after officials say the uniformed officers visited a shake shack in lower manhattan and a foreign substance was put into their drinks the police union says that substance appears to be bleach all three officers are expected to be okay shake shack posted this tweet saying the company's horrified by these reports and they're working with the investigation coming up, meet the congressman who refused to wear a mask at the capitol and now has coronavirus along with his family. and driving or flying?

what the experts are saying is the safest for summer travel this year. another cleaning tip from mr. clean.

struggling to clean tough bathroom messes with sprays? then you gotta try mr. clean magic erasers. just wet.. squeeze.. and erase tough messes around your bathtub and shower. mr. clean magic erasers. there's no clean like mr. clean you can't fake the goodness the crunch of real almonds how chocolatey chunks taste in cold milk. we keep it real. because you can't fake... delicious special k ♪ here's a razor that works differently. the gillette skinguard it has a guard between the blades that helps protect skin. the gillette skinguard.

did you know that febreze air effects uses 100% natural propellant? cheaper aerosols use artificial propellants. that's why febreze works differently. plus, it eliminates odors with a water-based formula and no dyes. for freshness you'll enjoy. try nature's bounty sleep3, a unique tri-layer supplement that calms you, helps you fall asleep faster and stay asleep longer great sleep comes naturally with sleep3. only from nature's bounty. good morning, everyone temperatures across the east coast, spring-like temperatures, we're 20 degrees below average for charlotte, north carolina, today. it extends to portions of washington, d.c. by tomorrow high of 75 frances, phillip >> thank you. fly or drive what is the safest choice for

your fily hiamin ts summer of covid? take in fragrance inspired by nature... ...with air wick essential mist. with kits starting at just ten dollars you can transform natural essential oils into mist at a price that is just right. until i found out what itst it actually was.ed me. dust mite droppings! eeeeeww! dead skin cells! gross! so now, i grab my swiffer sweeper and heavy-duty dusters. duster extends to three feet to get all that gross stuff gotcha! and for that nasty dust on my floors, my sweeper's on it. the textured cloths grab and hold dirt and hair no matter where dust bunnies hide. no more heebie jeebies. phew. glad i stopped cleaning and started swiffering. there are so many toothpastes out there, which one should i use? try crest pro/active defense. it neutralizes bacteria for a healthier mouth than even the leading multi-benefit toothpaste.

crest. a u.s. congressman announced he's been infected with coronavirus. republican tom rice of south carolina says he, his wife and his son all have the illness, but that they, quote, fared well congressman rice reportedly last appeared on the house florida two weeks ago on may 28th without a mask when asked by a reporter why he wasn't wearing one, rice said he was maintaining a distance of six feet from others now to one of the big questions for families making summer vacation plans. what is the safest way to travel here's nbc's tom costello. >> reporter: to fly or not to fly is the question this summer,

even with airlines disinfecting planes, road trips seem more popular. >> i'm really fearful being in a cabin full of people. >> reporter: amber and her fiance were going to fly from chicago to california. now they're planning to drive ten hours to the smoky mountains. >> we can get a cabin and it is more remote location so hoping there would be less people going through the area. >> reporter: because it is easier to limit exposure to others, disease experts generally recommend driving rather than flying theiily meals and snacks at restroom breaks wear a mask and wipe down the toilet, the handle and door lock sanitize hotel rooms too and bring hand sanitizer or liquid soap. infectious disease doctor patel. >> protecting yourself and your family, especially if you have young ones, is totally cool. and so going all the way, washing your hands, protecting your face and your eyes from others is the way to go. >> reporter: even more

precautions if you fly and that is the fastest i've ever been through a tsa checkpoint when i flew recently, i wore a mask, goggles over my glasses, and gloves, and used wipes to disinfect my seat, arm rest and tray table three weeks later, i'm not sick. in the air or on the road, experts say it is all about taking smart precautions tom costello, nbc news, washington >> fly or drive or travel or just not go anywhere >> yeah, after all these months, you know, cooped up, people want to get out there and do something. got to stay safe though. >> change of scenery. residents of a virginia neighborhood had a surprise when they saw this. a 65 pound giant snapping turtle crossing the road. they believe the snapper was not native to the area after being wrangled by animal protection, the turtle has found a new home in the virginia zoo in norfolk so why did that snapper cross the road >> you got it? >> tired of the chicken doing

it, i guess. >> there you go. not native to virginia didn't look native to this period like the jurassic period. >> yeah, right good for him thanks for waking up with us on this tuesday morning i'm frances rivera. >> i'm phillip ma. enfo

right now at 4:30 several bay area cities take on police use of force today. we have a live report next on the changes in the works. plus -- >> not until you read those rules. >> an east bay farmers market facing calls to step down after she demands a vendor stop handing out pride flags. next, the woman's daughter explains her mother's motives. we're getting warmer across the bay area, already feeling