do gays and lesbians hoffa right to marry and was that right denied? a federal judge is expected to release his hearing in this coming up. >> supporters of a proposalled fee on alcohol sales in fran fan came to city hall to make their case, so did their opponents. both of them wrapped up a short time ago. a live report coming up. >> we are not giving up and we are not giving in.

[ applause ] >> president obama is reassuring union officials that the fight will continue to rebuild the economy and get people back to work. >> complete bay area news coverage starts right now. this is ktvu channel 2 news at noon. >> good afternoon, i am claudine wopping, tori campbell has the day off. topping our news this noontime all eyes are on a federal court this hour as we await a decision on proposition 8. he has already made his decision over this latest battle on same sex marriage and we are now waiting for him to issue that ruling. it should happen between 1:00 and 3:00 today. jade hernandez is standing by with more on this story. >> reporter: good afternoon. do gays and lesbians have a constitutional right to marry and was that right denied when californians voted to ban same sex marriage. you can see a couple of

protesters already gathering here this morning or this afternoon. a federal judge's decision is expected to be released within the next few hours. we can tell you we have learn from both sides in this case, no matter the decision an appeal will be immediately made. from there it is expected to go to the u.s. supreme court. supporters of the same sex marriage ban have already gone to the judge to ask the court to not allow same sex marriages to resume if the judge today rules against them. >> the bottom line here is it is -- we are reminding the judge that he should consider and avoid another instance of marital uncertainty in california like we saw back in 2004 when mayor newsom and san francisco started giving out same sex marriage licenses. >> reporter: the alliance defense fund represents protects marriage.com. the sponsors of proposition 8, which was passed back in november of 2008 in california.

the legal team says californians have the right to define marriage between a man and a woman, but a san francisco city attorney says it has been a long battle for those fighting for their rights. >> six years that we have been involved but i think more about the people that have been involved. the human elements. those that have been denied equality for so long and not just the 18,000 couples that got married but all those same sex couples that wanted to get married, and the human toll on them is something that is incal claibl. >> some experts today say they expect the judge's decision to overthunder the ban but not lift it until the supreme court hears the case in a few years. >> i think the big reaction will come when the supreme court of the united states takes this two years from now. that is going to be a real horse race, it is going to be a 5-4 decision and everything is going to come down to justice

kennedy and if you look at the history there is a good likelihood that justice anthony kennedy will say that prop 8 was unconstitutional. >> reporter: we must know judge walker has made his decision but has not released it. we do expect that release to be within the next couple of hours and the judge's decision will be released between 1:00 and 3:00. reporting live, jade hernandez, ktvu channel 2 news. >> okay, thanks, jade. well, stay with ktvu channel 2 news and ktvu.com for breaking news on that court ruling. we are going to bring it to you today on air and on line when it happens this afternoon. a long time gay rights advocate is hoping his research will prove that proposition 8 won because of confused voters. in a report out today david fleischer says voters reacted to anti-gay tv commercials like this one called princess, it claims that same sex marriage would be taught in public

schools if proposition 8 failed and shows a girl handing her mother a book about one prince marrying another prince. fleischer is hoping to disapprove the idea that the measure won because of huge support by conservatives. there were dueling rallies this morning pause the battle over a proposed liquor fee headed to the steps of san francisco city hallful allie rasmus joins us with more on this ongoing debate. good afternoon. >> reporter: good afternoon claudine. a group of about 80 people showed up on the steps of san francisco city hall to show their support for what some supervisors refer to as an alcohol mitigation fee. basically the idea behind it is that alcohol wholesalers should help the city pay for some of the costs of alcohol abuse. [ inaudible ] [ cheers ] >> reporter: the director of san francisco's firefighter's union was one of accident community members at the podium for this rally. he said they see the effects of

alcohol abuse every day. >> call all the time for somebody down on the street, man down unconscious on the street. >> reporter: in many cases the city ends up paying for those. those expenses and the cost of maintaining the city's sober centers add up to about $17 million a year. >> it is a burden that needs to be equally shared bye everybody in the city. i mean it does effect everybody in the city. >> reporter: if approved by the board of supervisors the alcohol fee would charge wholesalers 35 cents per gallon for beer, a dollar a gallon for wine and $3.25 for every gallon of liquor sold in the city of san francisco. >> it all comes down to money. it is money the state doesn't have, it is money the city doesn't have. >> reporter: he owns a cafe in san francisco and says even though the alcohol fee would be levied on to wholesalers, the costs would get passed on to him and patrons and would hurt his business, especially in a

recreation. >> we have all laid off. we have all cut back, we are all in debt so we have to get together and find new sources of renew. >> reporter: but supporters say they will come to san francisco to have a drink even if they have to pay more. >> who would save to sonoma to save 50 cents on a beer? that is not going to happen. >> reporter: right now they are conducting a hearing on the fee. the full board could vote on this as early as september. reporting live in san francisco, allie rasmus, ktvu channel 2 news. >> thanks. bp says its procedure to stop the oil spill in the gulf of mexico appears to be working. the company is pumping mud down the throat of that blown out well in a method called static kill. a bp spokeswoman says the mud does appear to be holding the oil in the well. president obama applauded the news and said efforts to stop the leak are finally close to coming to an end. president obama is promising union leaders that he

will fight relentlessly to rebuild the economy and get people back to work. he spoke before the nation's largest labor federation early today. he told the executive council of the afl-cio he is committed to making it easy for workers to unionize and assured them his administration is working hard to create jobs. >> we want economy that rewards once again people who work hard and fulfill their responsibilities. not just people who gain the system. that has been at the heart of the economic plan that we put in place over the past year and a half. >> unions have expressed frustration with the obama administration over the ease of immunization. the president today said he will support a bill called the employee free choice act, which would make it easier for workers to unionize. today is president obama's birthday, he is 49 years old. he is flying home to chicago to celebrate with friends and here in the bay area a group of

supporters will hold a presidential birthday bash and phone bank in oakland tonight part of a nationwide effort to encourage first time voters to go to the polls in november. the president will celebrate his birthday without his family. his older daughter is at summer camp and first lady and their youngest daughter are vacationing in spain. the white house says mrs. obama is accompanied by long time family friends. the first lady is also going to pay an official visit to spain's king and queen. well, we are going to check on amtrak service following the east bay derailment that impacted service overnight. some small animals at a bay area shelter may also face a terrible fate unless homes are found for them. and when coastal residents see any sunshine today? meteorologist steve paulson has the bay area forecast ahead. also-- >> san jose this afternoon, what may have been the motive behind the making of a phoney bomb which led to the

evacuations of dozens of people. ♪ [ music ]

a small plane crashed into the warehouse in phoenix after 6:00 this morning arizona time, killing the pilot. there was no one in the warehouse at the time and no one on the ground was injured. witnesses said they heard the engine sputtering and saw a plume of black smoke trailing

from the plane just before it crashed. the plane had just taken off from deer valley airport. oakland police are searching for the gunman who shot two people at a late night party. it happened around 11:30 outside the new parish nightclub on 19th and jefferson streets. the injuries were non-life- threatening. the victims were taken to the hospital. the police had more problems there to deal with. a fight broke out at the hospital between friends of the victims. at least one person was tazed by a sheriff's deputy and was arrested. people in san jose are back in their homes this noontime after a bomb scare that led to and evacuation that lasted for hours. it happened yesterday afternoon and today we can show you exactly what made one neighbor nervous enough to call police. ktvu's kraig debro has our report. >> reporter: this short videotape was taken by a neighbor that shows the man who lives in the same house putting together several cylindrical objects. he wants only to be known as

robert. at 5:30 yesterday afternoon he walked in on what he thoughts what the bomb on the making. >> fuses coming out of the end of it, black and red wires. he was sealing the end of it off with silicon, you know kind of looked like four pieces of dynamite all taped up together. >> reporter: he said police later admited to him when the call came in police thought it might be exaggerated until they saw the videotape. >> that is when knee bomb squad came. >> that was their reaction. >> yeah, that was pretty much their reaction. >> reporter: it wasn't just the bomb squad. the man in the house across the street says members of the swat team pulled off his screens. >> and they brought in their sniper rifles and they were watching out the front window there. >> the suspect eventually surrendered. the neighbors say it would have happened sooner but the police could not find a translator. the police later determined the device was not actually an explosive device but by that

time they had evacuated dozens of people. some people went to a local church, others slept in their cars, including the suspect's brother, lee dough. >> he didn't mean anything at all. sometimes i think he -- too much. >> police said it wasn't a bomb but never said what it was that caused the evacuation, the bomb squad and swat teams to deploy. police did take benjamindo into custody but he won't be charged with making a false bomb. instead he made a threat to a third party. kraig debro, ktvu channel 2 news. >> there is good news today for people who ride amtrak in the east bay. service returned to norm pal this morning after a union pacific derailment in west oakland yesterday. the derailment hpened around 4:00 in the afternoon on the northbound tracks, union pacific says two empty rail cars tipped over, which also blocked amtrak's capitol corridor train. passengers were relieved that service had been restored. >> i am very happy, amtrack does a terrific job of keeping things together. >> for me because i am going to

work my reliance is high on this system and i am very much relieved that the service has been restored. >> last night many passengers had to be bussed between emeryville and jack london square. it is not clear yet how many passengers were effected and union pacific is looking into why the cars tipped over in the first place. a controversial proposal in san francisco that would allow forced treatment for severe and chronic mental illness is now back in a supervisors committee. the proposal would allow the implementation of laura's law, named after a young woman killed by a psychiatric patient. it was approved by state lawmakers but must be approved locally. the supervisor sent the proposal back for further debate after signs it faced defeat. the city kicked off a program that allows long time

taxi drivers to sell their medal ons to other drivers. that had been prohibited under prop k, but the city worked out a way for drivers over 70 or for those whose visibility no longer allows them to drive to transfer them to drivers on the waiting list. he has been on the list for 14 years, he paid $250,000 for the first transfer. >> today you know it is finally happening after you know a long bumpy road. i been waiting for a long time and i am really you know happy that i have received this medal on. >> municipal pans truertation officials estimate 200 medal ons will change hands and thatmony will help long time drivers have the money for their retirement. in news of the world there are reports of an assassination attempt against iranian

president. he was not injured. the state board has adopted criteria defining how much water must flow to maintain a healthy ecosystem. they based their move on a report ordered by the legislator last year, it says distinguish verting 50% is not adequate to maintain nature's balance in the delta. well water agencies are disputing that report, environmentalists say it will ensure the future of the delta's delicate ecosystem. well, if you were hoping for a hot summer day, you might have to wait a little longer. meteorologist steve paulson joining us now. everyone waiting for some kind of warm up, steve. >> well, lake county, sunshine

up there. for most of the bay area there is fog out there and the coast is just sold out. can't warm up much. 50s and 60s. inland temperatures running about three to five degrees cooler than at this time yesterday. we had a much more pronounced sea breeze this morning and that fog and low clouds, some of it made it out to walnut creek, which is a very pleasant 72. i mean this time of year it can be hot out there and that is not the case. so foggy and misty this morning and that will be back again tonight into tomorrow. sunny but cooler. a cooler pattern continues tomorrow and the 7 to 10 day outlook will show much cooler conditions. we will start to have what looks to be a below average temperature over the next 5 to 7 days. we are starting to see more fog and low clouds banked up on the coast and can't go anywhere because we have areas of low pressure that continue to lang out along the west coast so low clouds mist, that will be back

tonight, then sunny and cooler, 60s, 70s and 80s inland now instead of those upper and low 90s. temperatures will continue to stay on the cool side. santa rosa napa 66, 60 oakland- berkeley. san francisco 56. livermore-concord 72. yesterday they were 75. san jose 70, palo alto 67. low 50s this morning. if you want the heat claudine, palm springs 104, vegas 101, reno goo. they have had 30 consecutive days of 90 degrees on their high or higher, the 7th longest stretch ever. the coast 50s, 60s, ukia 81, still in the 90s but cooler weather on the way as the system starts to develop up in the pacific northwest, that is going to come right along the west coast and probably be here all the way into about this time next week. so fog, mist, which has peeled back to the coast, sunny, cooler, though, windy at times. so instead of the 90s unless again you are well inland, in the 80s for many, 60s, 70s for

some and the five day if you like it cooler, then you will like 3 next couple of days. thursday, friday, all the way into the weekend, really no sign of any heat or big warm up for us through the next 7 to 10 days. >> that is good sleeping weather. >> i cannot remember the lows being this cool in july and august. we are down in the low 50s almost every night. for school to start. >> temperature will go up. >> goes right back up. >> yeah. >> thanks, steve. >> you bet. >> oakland's plan to allow large scale medical marijuana farms is attracting the attention of federal authorities. the drug enforcement agency asked the city if the ordinance is a draft or a final version. agents also requested details and a time line. marijuana of any kind is illegal under federal law but u.s. attorney general eric holder has said investigating medical marijuana users and growers is a low priority as long as they follow state law. the animal shelter is

putting out an emergency call to help save the lives of homeless bunnies. over the past two to three weeks a dozen bunnies have turned up. many were supposed to be euthanized on monday but one volunteer asked for more time and the deadline is tomorrow morning. anyone who can help out should contact the animal shelter today. alex rodriguez has become the youngest baseball player in history to do a very special thing. also a special fundraiser at the coliseum late this morning. just ahead of the oakland a's game. you may recognize some of the faces of some of these helpers. our real national pastime?

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♪[ music ] >> welcome back. we do have a quick uptait on a story we reported live from san francisco city hall just a few minutes ago. the san francisco board of supervise jurors has been considering a proposed alcohol fee. the original proposal would have charged wholesalers 35 cents per gallon for beer, a dollar a gallon for wine and $3.25 for every gallon of liquor sold in san francisco. we just learned in the past couple of minutes that proposal has changed. the fee would now be reduced by 25%. it is still being discussed right now but they are making these changes to this fee.

the new york yankees alex rodriguez hit a shot into the record books this morning and became the youngest player ever to reach 600 home runs in his career and came three years to the day from when he hit his 500th home run. he hit it in the bottom of the first. he had gone 12 games without a homer. fans anxiously waited for him to hit number 600. who knows if baseball history will be made pat the coliseum today? but it is a sweet day nonetheless because the as held their annual root beer float day. it includes a few of our colleagues here from ktvu. the proceeds from this event will benefit the juvenile diabetes research foundation. since 2003 the team has raised more than quarter of a million dollars for the cause. well, coming up on the ktvu channel 2 news at 5:00, as we

reported the decision in the same sex marriage trial is due out in the next few hours. we are going to bring you the ruling live on line and on the air. at 5:00 we will have live team coverage with reaction from both sides of this closely watched issue here in the bay area and around the state. our next newscast is the kt v channel 2 news at 5. that is going to do it for us at noon. have a great day. send comments to comments@captioncolorado.com captions by terry james, caption colorado, llc.