this the scene outside an i-hop restaurant in carson city nevada where a gunman opened fire. two people are dead including the gunman who appears to have shot himself.

seven people are more in surgery. it happened around 9:00 this morning. there is no word on any possible motive. the f.b.i. says there was one shooter only. the man parked in a van outside i-hop and shot a man on a motorcycle and then he walked into the restaurant and started shooting. we'll give you constant updates at abc7news.com. good morning. i'm cheryl jennings. kristen sze is off today. we want to move on to other news the proposition banning same-sex marriage is being debated at this hour in front of the california supreme court. panel is hearing arguments on whether sponsors have the legal standing to appeal a federal ruling that a ban on gay marriage is unconstitutional. terry mcsweeney is outside the state building. a lot of activity outside court today. >> reporter: is two debates, one in front of the state supreme

court justices and one on the steps. two different topics. take a look at the video on the stipulates. those opposed of prop 8 and those in favor of prop 8 and they are talking about the issue that voters passed back in 2008. that is not the topic of the day. inside the building, the justices are talking about whether the lawyers for proposition 89 can represent the measure in court. do they have legal standing to challenge the judge's ruling that prop 8 is unconstitutional because it violates the rights of gays and lesbians. listen to a clip of two sides inside. >> your honor, if a court invalidates aj initiative then surely it should be clear that the exercise of the fundamental rights that oppose that initiative will have been

nullified. >> there is nothing in california constitution or statutes that give private citizens the right to take over the attorney general's constitutional responsibility to represent the state in litigation in which the state or its officers are a part. >> joining me now to sort it out is legal analyst dean johnson. dean, did you hear anything in there that gave you an indication which way the justices were leaning on the issue? >> none whatsoever. tough questions being asked by all of the justices. i think the justices shall struggles with this question because they are being asked to answer a question of legal standing. that is a meaningful concept in federal law but not in california state law which is what these justices are used to dealing with. >> if they say the pro points of prop 8 do not have legal standing. does that mean the people are going to be able to get married

in california of the same sex? >> not necessarily because there is a stay in place by the ninth circuit. they will have to answer back to the 9th circuit and if they agree there is no standing, under federal constitutional law the court has to dismiss the appeal. >> this is going to be a united states supreme court issue at some point? >> i think at some point but less and less likely we'll hear a full-blown issue on same-sex marriage out of this case from the united states supreme court. >> more tonight at 4:00, 5:00 and 6:00. terry mcsweeney, abc7news.com. san jose state police are sending out a warning to students after a man lured a female student secluded area and groped her. she was sitting on a pewlg yesterday morning. suspect offered her a cigarette and lured her into a building

where he groped her. the student able to break free and got away. the suspect is described as a black man in his 30s, 5'8" with buck teeth and crooked lower front teeth. >> in response to angry merchants, oakland mayor is calling for significant changes in the city's parking enforcement. he is asking city administrators to clarify the policy on charging drivers specifically disabled drivers in parking lots and garages. they are going to rescind certain tickets that have been given over the last few weeks. it comes after they were confronted by business owners that were complaining about the new parking rules saying they are driving away customers. they are normally exempted from paying those fees.

again, the mayor is urging people that received a ticket between august 22 to september 1st to call the parking manager. we have the number for you on our website at abc7news.com. look under see it on tv. >> one-year anniversary of the deadly explosion and fire in san bruno is this week. today lawmakers are joining residents and city leaders to demand the passage of tough pipeline safety legislation. amy hollyfield joins us with more. >> the press conference is happening right behind me, right in front of the neighborhood that yet to be rebuilt. it's very distressing to the neighbors. they were hoping to be further along but they are upsetting to them it still looks like this. they are happy that the legislation will soon become law. if no laws were put into place, they worry that the disaster may be repeated. eight people died when the pipeline exploded one year ago.

legislators and investigators generally blame pg&e's negligence dating back to the 1950s when the installed the pipe. the bill has many requirements for it but assemblyman jerry hill wants it signed by friday for the one-year anniversary of the blast. >> friday is the last day of the legislative session, so if it doesn't pass now it will have to go next year. so if we get it passed now, i'm hoping the governor will sign it before friday, before the anniversary of the disaster. so that would be great if he does it. >> we're delighted. it's so important to make sure that the safety of this neighborhood as well as others are ensured for generations to come. it likely will not go away for most of us in the neighborhood and to know that someone is

advocating for neighborhood safety is utmost importance and we're very grateful. >> jerry hill started the press conference surrounded by supportive residents. he is outlining what the bill would do. such as not allowing to pass the cost on to rate payers. also, it would require the utility to look into an automatic shutoff valves. they couldn't get to the valves to shut off the gas for 90 minutes. he would like to see them getting an automatic shut-off valve in place. he is confident to get it passed in time and that would come to a huge relief that are dealing with the emotions of the one-year anniversary. in san jose today, the family of captain of the san francisco bound flight 93 is prepared to mark the memorial of

his death. he was a graduate of san jose state university. at 1:00 p.m. a ceremony will be held at an elementary school. then 3:00 they will hold a memorial tribute at flight simulation lab. it crashed on september 11th in pennsylvania. a group of passengers stormed the cockpit to stop terrorists from flying the plane into the white house. >> leon panetta visited ground series. he toured the memorial with two reflecting pools where the twin towers of the world trade center once stood. he went inside the museum that is still under construction. he floond visit shanksville pennsylvania but cancelled the trip due to bad weather. we'll carry special coverage of the commemoration of 9/11

attacks all weekend. lilian kim will be in shanksville. on sunday, abc news begins our live coverage of september 11th ceremonies where w special edition of "good morning america" from 5:00 to 8:00 a.m. that will be followed by abc7 morning news from 8:00 to 10:00 a.m. >> still ahead, you are on your own. what a new study finds that babyboomers are not leaving their children. >> and employees fire back of a being fired. new legal problems for syndra and americans are fed up. a new poll that should have everyone in washington, d.c. including the president worried about their job.@

an update on breaking news story on the shooting rampage at an i-hop restaurant in carson city, nevada. sheriff's deputies say there is three people dead. we'll continue to follow this on abc7news.com. to other news, an employee who was just laid off by fremont solar panel maker solyndra has filed a lawsuit. they laid off all 1100 employees. the new lawsuit say they violated state and federal rules that require companies to give

60 days notice before laying off more than 50 workers. solyndra had previously said it did not file notice because it was working to save those jobs right up to the announcement. they are asking for class action status for every employee laid off by that company. >> a new poll is out. the poll numbers also show people are not happy with republicans either. here is a report from washington. >> reporter: in a word, president obama's new poll numbers could be described as dismal. the latest abc post poll finds 53% of americans disapprove of mr. obama's job performance. that is the worst of his presidency. 62% of americans think the president is doing a bad job managing the economy and a whopping 787% think the country is headed on the wrong track. key issue is jobs which is why

this is such a pivotal week for the president. he is laying out a new strategy to create jobs and upping attacks on republicans. >> we're going to see if they will put country before party. >> the people that want to replace obama took place in a forum in north carolina. >> this current generation is stealing from generations yet unborn. >> i don't think have ever seen an administration gone further afield of the constitution. >> perry skipped the forum. he is dealing with wildfires in his state. the plain spoken record of the governor's talk on job but he is facing new scrutiny when he was democrat. he co-shared al gore's presidential campaign. >> i just don't understand how someone could call themselves a reagan conservative. >> the new poll shows they are

disappointed with congressional republicans. wall street took a plunge today as worries deepened about the debt crisis and the weak economy. you can see the dow at around 128. it's been down as much as 307 points in early trading. president obama gives a big speech on jobs for congress on thursday. you can watch it live right here starting at 4:00 p.m. meteorologist mike nicco has the forecast. a lot of fog coming in and then the sunshine. >> pretty quick today and flight arrival delays are already over. we're seeing a lot of the blue, summer heat is in the forecast on for a couple days. i'll show you the dramatic change for the weekend. >> good for your tomatoes? how about this? tomato fights, food fights. get ready the east bay city that is about to invite residents to

we have more on breaking news story about a shooting rampage in carson city, nevada. away are learning two of the three people killed were national guardsmen. the gunman is wounded and not expected to survive. nine people were shot.

sheriff's deputies say security is being beefed up across the state. we'll follow latest at abc7news.com. we're going switch gears and talk about a big change in our weather. >> yeah, summer is back. it's going to be warm not going to be very long. few hot days here and there. i think that may be the case. good morning to you. we're at 11:20 and look at some of the clouds lingering along the coast and trying to push into the bay but they'll stop short through months of the afternoon. it's hazy and remnants of fog hanging around as we look to the east from south beach this morning. let's take a look at the satellite and how quickly the low clouds and fog faded. now hanging around the coast. northerly wind comes off and creates the eddies i'll say the clouds hugging the coast. take a look at temperatures.

70s in los gatos. east bay valleys, fairfield, 80 already. fog kept napa at 59. should catch up to everybody else. santa cruz, 58 and sunshine developing here around monterey and watsonville. 67 in salinas. gilroy, 73 degrees. warmest afternoons are today and tomorrow. good news it will be still rather comfortable with 50s and 60s and cooler weather waiting for us this weekend. 24 hour temperature change, san francisco, 9 degrees. double-digits for concord, oakland and fremont. 11-15 degrees warmer. 12 hours and 48 minutes before the sun sets. high pressure moving into the great bais within a clockwise flow. we get the offshore wind and it's going to be so much warmer for today and tomorrow especially inland. down in the south bay, we'll see 90s and low to mid 90s.

89 in san jose. low to mid-80s around the peninsula. a us head to the coast with the pockets of sunshine we may hit the mid-50s in some areas, downtown san francisco and sausalito will be in the mid to upper 70s to mid to upper 80s on the east bayshore, mid to low 80s. fremont, 87. cooler in richmond and berkeley in the mid-70s. valleys will be the warmest, mid to upper 90s. accu-weather seven-day forecast, a lack of clouds tomorrow morning. i think the sunshine will get off to a faster start and warmer weather away from the coast. then we slowly chip away at the temperatures, couple degrees friday and then you before you know it we're 6-12 degrees cooler than today. if you are the child of baby boomer don't plan to an inheritance?

they are spending it. they say it's important to leave money for the kids. a lot of adult kids moved back in. they say they will get lazy or they will waste the money. they believe after years of hard work they should treat themselves to vacation and dinners. look at this -- what is this? this is tomato hurling. it is coming to a town near you. it's coming to pleasanton. seattle based company is doing the messy event october 1st complete with beer and the battle of the bands. here a video of the battle the company puts on every year in colorado. it's inspired by the annual la tomatino festival in spain. thousands of pounds of tomatoes will be used in the bay are 

today at 4:00 and 5:00, hands free doesn't mean distraction free. michael finney look at the new gadgets make it tough to keep your eyes on theoad. and restoring 20/20 vision. we'll have those stories and more at 4:00 and 5:00. the mayor of a philippine's town says he is going build the largest nature park for a very big crocodile. it's 21 feet long.

look at this monster. they caught him on saturday after hunting for him for three weeks. it took 30 men to catch the animal. he is believed the largest crocodile in captivity. town's mayor says she building the largest nature park ever. >> one critter. >> that is quite a hunt. you'll need to hunted find warm weather. it won't last that long. enjoy it today and then friday and saturday and when a dramatic change comes in our forecast. >> mike, thanks so much. here from us, thanks for joining us. "who wants to be a millionaire" is coming up next.