the search is on for three armed suspects in a terrifying home invasion in pleasant hill. after a federal judge's decision yesterday, same-sex couples could soon be headed to city hall to get married. we'll explain -- coming up. plus -- dozens of people have no water in alameda right

now. we'll tell you how long it could take for the water to be restored. "mornings on 2" starts right now. good morning. i'm dave clark. >> i'm claudine wong. tori campbell has the day off. it's thursday, august 5th. topping our news this morning, a suspected robber is hospitalized this morning following an overnight shooting involving a federal agent. it happened just after midnight in san francisco's bayview district. ktvu ail lay rasmus is in -- allie rasmus is in san francisco with more. >> reporter: good morning. police just gave us an update on this case. they believe there are two people that attempted to rob the federal agent. one is recovering at san francisco general hospital recovering from non-life- threatening gunshot wounds. here's what happened -- we're told the agent involved is a

federal agent with the irs's criminal investigation unit. san francisco police say that agent was off duty last night. he or she was walking through the city's bayview district near la salle and kirkwood shortly after midnight. police say that's when two individuals approached that agent and attempted to rob him or her but the agent fought back. they opened fire and shot one of the suspects. san francisco police will do an administrative and criminal investigation into the shooting. they add that's customary any time a law enforcement officer is involved in a shooting even if the officer is not from their department. they also said the irs will conduct an investigation. she told us a little bit about what these agents do and why they carry guns. >> a lot of people ask -- think we just do audits. that's not what we do.

we do audits but we also investigate when people are trying to not pay their taxes and are involved in other crimes. >> reporter: and he there are about 100 agents based in northern california and the individual involved in last night's shooting lives here as well. we expect to get an update from san francisco police. reporting live from, allie rasmus, ktvu channel 2 news. >> thank you. authorities are searching for three men who robbed a house while disguised as police officers. police say two of the men broke into a sliding door of a living room at a home on chopansako parkway about 11:0 last night. they -- 11:30 last night. they reportedly identified themselves as police. they had the word "police" on them. they told the people to get

down. they ransacked the house. they escaped in a vehicle similar to a chevy. 7:0. both sides of the same-sex marriage issue vow to keep fighting following yesterday's federal court ruling that overturned proposition 8. hundreds of same-sex marriage supporters marched to san francisco's city hall to celebrate the judge's decision. meantime opponents express disappointment with the court ruling. >> we have today's victory. we'll continue our fight to washington and to the supreme court. >> you know, marriage between a man and a woman is a reality and when recognized by the state becomes an institution, that's in the public interest and in the interest of every child without exception.

>> the celebration continued with a street party in the castro district last night. well, are those celebrations plea mature -- premature. jade hernandez has that part of our coverage. >> reporter: same-sex comes could soon be headed here to city hall to get married but they may have to wait another day to get married. vaughn walker granted supporters of proposition 8 a temporary stay from performing any marriages in this case. he gave them until tomorrow to explain why that stay should be lifted or not. any same-sex marriages, which would be performed after the ban was lifted, could be

complicated by rulings and appeals down the road. >> he agreed to extradite the issuing of the order and has asked the parties to brief him and get back to him. he doesn't have to trule friday but i will start to -- rule friday but he will start to consider this. >> reporter: there was celebration and cheers. now, if judge walker rules not to extend the stay on his judgment, proposition 8 poppers could ask the court of appeals for suspension during the appeal. what comes after that? the u.s. supreme court. we'll explain who on the supreme court may be a deciding factor on this case and why. that's coming up on "mornings on 2." i'm jade hernandez, back to you on the desk. >> thank you. our complete coverage continues at chute.com -- ktvu.com.

we have posted judge walker's entire ruling for you to read. there's no water at this hour for more than two dozen alameda county residents because of a water main break. the water main break was reported before midnight. right now the road near san lorenzo remains closed because of road damage. east bay m.u.d. crews are on the scene working to fix the problem. but there's still no word on when the repairs will be completed. 7:07. an a -- and ac transit riders you may have an easier time getting around starting sunday. that's when they switch back to the old schedules and rules. many drivers have called in sick since this started and commuters have suffered through frustrating delays. on monday a judge ordered ac transit to go back and restore the old contract.

the arbitration begins on this continuing labor dispute. we want to go back to sal castanedo who is watching the south bay. how are things looking? >> it's getting crowded. you can hear -- or see, see and hear on 237 that it's gonna be slow here -- here and also the mon na huge -- monahuge expressway is slow. this is 80 oakland -- 880 oakland. you can see traffic is moving well in both directions. at the bay bridge toll plaza, we have a small backup. metering lights are on. it's a little thick on the bridge because of earlier problems. for the most part, we have a nice-looking commute into san francisco. here's steve. >> thank you. we have a lot of fog out there. low clouds, fog, cool pattern.

steve, what the heck is going on? i'm getting these e-mails. august will probably be the fifth month that we have below- average temperatures. i don't see any sign of a warmup. if anything it might get colder. not by the coast. sunny, cooler, breezy. a cooler pattern is establishing itself. it started yesterday. it continues tomorrow and the seven to hen-day -- ten-day outlook. next wok could bring some rain -- week could bring some rain. there are some that get hot up towards ukiah. it was 9 in middletown and lake county. so they are hot. most of the bay area is hot.

temperatures are well below average for inland areas. santa rosa yesterday did manage to eek out a 74. they were 8 1 two days ago. they were 89 two days ago. 64 in oakland. 73 in san jose. that's a good 10 degrees below. mount tam is 8 degrees cooler this morning than they were yesterday. it's cool across the board on the coast. the system is coming there. it will just park and develop right off northern california into the weekend and early next

week. west wind out to the delta. antioch, brentwood, oakley. morgan hill, 80. napa only 71. that's not the airport. that's downtown. san rafael, 6. mountain view, 6. these are all way below average. low clouds and fog on the increase the next few days. it stays cool to mild. claudine and dave? >> thank you. up next the new way you will get information about sex offenders. and also, naomi campbell is taking center stage at a crimes trial.

7:13. inland it will be sunny after the fog burns off. but cooler, highs in the 70s to mid-80s. a bill is making its way through congress and could have a big impact right here in the bay area. the 26th billion-dollar -- $26 billion measure is to give states the money they need of teachers and other employees. alison burns is live in our washington, d.c. bureau with all of the details. good morning, alison. >> reporter: good morning, dave. the u.s. senate came into session here just about 45 minutes ago and a vote is expected next hour on the $26 billion state budget bail-out bill. it will have a big impact on

local jobs. california senator barbara boxer is one of the leaders getting it through congress and california will get the most funding -- $1.2 billion for schools. >> in my state, 13,500 teachers are saved, and all of the children that depend on them. >> reporter: in all of this bill, $10 billion will go to preserve teaching, $16 million to help meet medicaid. the house is calling this another budget buster. the house is on break but nancy pelosi has called them back next week to agree it. supreme court justice nominee elena kagan will likely get confirmed by the senate today. a report by "the associated

press" shows nearly all democrats will back her, and a handful of republicans. she would be the youngest justice and this would mark the time three women served at the same time. she would secede john stevens. bp was able to push enough mud down the bell to push the oil back to the source. today, it plans to pump down cement to try to seal the well up for good. crews are going to start on a relief well. if all goes according to plan, that work should all be done by mid-august. 7:16. this morning, president obama is in chicago. he's touring the ford motor company plant. any minute now he's scheduled to make a speech. he will reportedly talk about that unpopular decision to bail out the automation and how he

says it helped save jobs -- -- the auto industry and how he says it helped save jobs. naomi campbell is testifying in a war-crimes trial in the netherlands. she said she received some dirty-looking stones after a 1997 dinner party from charles taylor. campbell said she didn't know if the stones were diamonds or if the diamonds just came from trial. prosecutors says she'll have evidence that taylor traded guns and rebels in nations. it's official, oakland mayor ron dellums will not seek a second office in office. he reportedly told officials his reasons are personal. he's been credited with on taping at least $80 million in federal stimulus money for

oakland but lately critics say he's been missing in action. there are currently eight candidates in the race for dellums' job including jean kwan and rebecca kaplan and don perata. 7:18. two men are charged with what san francisco's district attorney is calling massive fraud. they are accused of falsifying the stamps and the signatures of two licensed engineers who were unaware of what was

happening. jimmy jen and fong face a combined total of 320 felonies spanning a period of 20 years. san francisco's d.a. says those two filed those false documents with the city's department of building inspection. >> these defendants reported to be licensed to approve property lines, surveys, permits, inspections, and they were not licensed to do that work. >> now, the investigation found that city building inspectors apparently approved this without question. 500 documents that those men submitted. one of the men is considered a flight risk and is being held bail. governor schwarzenegger is

ordering -- a corrections official plans to post information about a missing parolee on a public website. the department also says as many as 60 parolees flee in a typical month. 7:19. the concerns this morning that thousands of images taken from body scanners are being stored somewhere. the u.s. marshal service admits they secretly saved those scans at a singles florida courthouse. now, this admission follows an earlier disclosure by the tsa and it requires all airport body scanners to be able to store and transmit images for what he calls testing, tanging and evaluation -- training and evaluation purposes. the tsa says these capabilities are not normally activated. 7:20. coming up -- a reported case of

west nile virus in one northern california county. also ahead for you, it's worth way more than its weight in gold. coming up, a new program making it easier to get a coveted taxicab medallion. good morning. westbound 24 traffic moving up to the tunnel. we'll tell you more -- coming up.

welcome back. san joaquin county officials are reporting the first west nile infection of the year. they say a 50-year-old woman who was donating blood, tested positive for west nile. she did not become ill, however. one in five feel symptoms. the symptoms include, headache, fever and fatigue. last year the virus was affected in 13 county residents. it's the first time in 33 years that someone who wanteds to be a san francisco taxi

driver has been able to purchase his way in to the job. amad sadawi has been on the waiting list for years. he wanted one from the city. he was ail to buy one from a woman who got one inned -- in 1968. under the pilot program, those who are 78 and older can sell those medallions. amad took out a loan to make that purchase. >> i've been waiting a long time. i'll really happy i've received this medallion. >> he can lease his medallion to other drivers to earn money to pay off that loan. about 1300 other drivers have applied to buy medallions. 7:24. let's see what's happening on the roads right how and check and see what sal sees. >> we're just getting word of a new crash at university avenue.

word of an overturned vehicle. we're just getting new details that -- that it is an injury crash on northbound 101 in palo alto. i have a map of the area here. in fact, let me move this down. over to the left. this is live television folks. new accident at university avenue. it's likely to cause problems on northbound and southbound 101. let's go to some live pits now. traffic -- pictures now. traffic is going to be okay in other areas. we're moving along to a live picture of 880 in the east bay. traffic is looking good here in both directions. on 237 westbound, westbound 237, traffic is going to be okay this morning as you get up to 880, a little bit of slow traffic as usual. it does begin to even out, though, by the time you reach highway 101. here's steve. sal, thank you. i didn't see any sun on those traffic shots.

every reporting station says cloudy it cold, 50 to 57. we've had a lot of reports of mist. the low cloud deck makes it out to bay point. you and i know it didn't get that warm. inland temperatures will be coming down. upper 70s, low to mid-80. if it's just too cold for you and you need the heat, can you head up to mendocino county, and lake county. i think those areas will come down. blow overcast, 60s -- low overcast, 60s. san francisco, 51, cold and foggy. there comes the low right underneath where it says foggy and sunny. one system is going to drop in and a stronger one is going to reload and develop even more so for the week. cold, foggy, sunny. once the fog burns off, we still have a west wind.

50s to lowed a mid-80s. there will be upper 80s. it looks like it stays below average for a while. claudine and dave? up next -- the twist in the case of a man who prosecutors say dressed up as a woman and then attacked with pepper spray. also, credit or debit? we'll tell you why shoppers may choose to use their debit card. when the stage is set.

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people in california have a fundamental right to define marriage and protect marriage through the democratic process. >> some supporters kept celebrating last night with this street party in san francisco's castro district. but not everyone in the bay area is celebrating judge walker's ruling. people who voted for proposition 8 say they believe the judge ignored the will of the voters. >> i was raised a staunch catholic all my life. i have certain old-fashioned beliefs. i was raised to believe a man marries a woman and vice versa. i was not raised to believe in same-sex marriages. >> some of the prop 8 supporters we spoke to say they don't oppose civil unions but they don't believe the word "marriage" should be used. >> the judge's ruling doesn't mean that same-sex couples can start getting married right now. judge walker issued a temporary

stay on resuming marriages. he told both sides to submit arguments by tomorrow. the case is going to go to the 9th circuit court of appeals in san francisco. the outcome there could take this case all the way to the supreme court. now, our complete coverage kents on our website -- continues on our website at ktvu.com. we've posted the entire ruling on the website. we've also linked all of the video evidence presented on trial at the site. 7:32. one person's in the hospital following an overnight shooting involvenning -- involving an off-duty federal investigator. allie rasmus has been following this story and is back with us. >> reporter: police say they've learned the federal agent involved in this shooting was on duty at the time of the

shooting, not off. he's a special agent with the irs criminal investigation unit. we spoke to someone from the irs and she said these agents are involved in investigating crimes like mortgage fraud and ponzi schemes. she says this agent when the shooting happened was in the middle of doing investigative work. he was working at the time. police say he or she was walking in the bayview district and because of security and personnel issues, they can't say whether she was a woman a and a men. >> the suspect went to the hospital. the other one fled. investigators are trying to determine what happened. >> reporter: and these two individuals obviously didn't know they were dealing with an off-duty agent. >> i don't think so.

>> reporter: now, again, a few minutes after we did that interview, the police received an update from the irs explaining the agent involved in the shooting was on duty. one of the two is under arrest recovering at the hospital. a second person has been detained but police say they are still investigating that person's role in this attempted robbery. san francisco police say they will conduct a criminal and an administrative investigation. and the irs spokesperson said that agency will most likely also conduct an interpial -- internal investigation into what happened. back to you. >> thank you. 7:34. well, cainan schierholtz will appear for his arraignment. he's the 23-year-old younger brother of giants' out fielder, nate schierholtz. he faces several hit-and-run

charges in danville. he faces four felony charges and one misdemeanor in a series of drunk driving crashes where he is accused of hitting a bicycle, a pedestrian, and two light poles. the concord man whose pit bull attacked and killed his grandson will be in court. he's expected to enter a plea. he's charged with felony child indangerment -- endangerment. the 3-year-old was killed on july 22nd by three pit bulls. authorities have now released the 911 tapes from that tragic workplace shooting case in connecticut. the shooter, omar thornton, was a former driver of the company. he was called into a meeting on tuesday but brought with him

two pistols and a shot gun and opened fire on his unsuspecting coworkers. listen in to one of the calls. >> there's people running all over the place. i see him. he's shooting at within -- at somebody else. he's shooting at a girl. >> police say thorpe ton ended up shooting eight people fatally and wounding others before taking his life. san francisco police arrested a man outside of jelly's club. prosecutors have not filed charges against him. this is pending further investigation. the victim, lee farley, of richmond was shot to death outside the club last night after an argument outside. the board of san francisco revoked that club's lease. the san francisco board of

supervisors just gave the city's entertainment commission, the power to close down nightclubs. this is after a string of recent violence including several shootings outside the nightclubs and different parts of the city. this the past, they can only suspend the permits of problem clubs. now the commission has the power to revoke the operating permits of troubled clubs. a san jose man accused of assaulting a singer from vietnam has pleaded not guilty in santa clara county superior court. 61-year-old lee tong faces five felony charges related to that attack which happened on july 18th. prosecutors say tong, who is an anti-commune knit activist, dressed up like a woman and attacked a singer. if convicted, he faces sigs years in prison -- six years in prison. sal, what happened in palo alto? >> we have a crash involving

several vehicles on highway 101 in palo alto. both directions. the fast lane in both directions is blocked. one person is trapped inside a flipped-over suv. 101 at university avenue in palo alto. the traffic is beginning to slow and chp has issued what they call a sig-alert. at least 45 minutes, maybe longer, before they can clear this accident. a lot of emergency vehicles on the scene. i would say 2 0 is your best -- 280 is your best bet. 27 getting over to -- 237 getting over to 101 is already slow this morning. this morning's commute is backed up at the bay bridge toll plaza. as a matter of fact, we have a back up at least ten minutes here before you get on the bridge. 7:38 now. here's steve. all right, sal. thank you. low clouds and fog. it's overcast for many. in fact, for everyone, at least as far as reporting stations go

. this has been an unbelievably cool pattern. if anything it's gonna get cooler. continues tomorrow and goes right into the seven to hen day- outlook. there are -- ten-day outlook. they are talking about fog near the border. what's happening is we've

lifted the fog back. we had it kind of smashed a little bit. what was inland burned off really soon. two days we had the fog burn off by 10:30, 11:00, temperatures came up and are coming right back down again. 51 in san francisco. california academy of sciences. it's 48. 48. cold and foggy. 55. 57. 58 for a high. 10 degrees below average. first week in august is looking very similar to july -- a lot of low clouds and fog in the city and up and down the coast. no doubt about it. below average for the city. 83 in 1997 your record high. not that warm, sometimes you see record highs. other times they are really hot. oakland 64, santa rosa, 70. that's 12 below. should be 90 -- well, the record 96, should be 82 on the high side. mountain view is 10 below. 6 the forecast high. look at san jose, 73. average is 4. mount tam is 7 degrees cooler than 24 hours ago. 64. there's a sign of the colder air moving in. mill valley, tiburon, 51. sonoma, 51. crockett and vallejo are down to 52. pleasanton, 55. stopford and -- stanford and

menlo park. >> there's a really strong system up here. that's going to come and another one will develop. cold and foggy gives way to sunshine for some. it will be cooler inland. temperatures, upper 70s, very low 80s. very cool. morgan hill to gill ray, even up to -- gilroy, even up to st. helena, calistoga. claudine? 7:41. some california -- southern california chefs are suing to try to save the purity of olive oil. the group says a uc davis found only 31% -- davis study found only 31 sold with the extra

virgin area actually meets that designation. the lawsuit against the ten biggest omive oilmakers is asking for damages as well as the amount overcharged for the inferior grade sold. state lawmakers are considering a ban on when people use their credit cards, being charged a fee. business owners say they are only passing along the cost they are charged when customers use those credit cards. nolan ryan is now the partial owner of the texas rangers ballclub. he outbid mark cuen -- mark cuban. the winning bid was made ten hours after the auction started. major league baseball must

still approve the sale.

the bay area's tesla motors says it lost $38.5 million during the 2nd quarter of this year. it's the first financial report since tesla's first public oftenerring -- oftenerring at june. the electric sedan is scheduled to be in showrooms in 2012. harley-davidson is considering moving its manufacturing plant out of milwaukee. they have had it there for 107 years. but they will move operations

if they can't cut millions of dollars in production costs. they will make that decision in the next couple of months. no matter what they decide harley's corporate headquarters will remain in milwaukee. the recent rise in crude oil prices is translating into higher prices at the gas pump. the national average for a gallon of regular gas is now $2.77. as always we're paying much more here in the bay area. in san francisco, $3.25. in oakland, it's $3.19. a penny less in san jose. that's up 2-cents in the last week. 7:47. there is a new leader in the u.s. smart phone market. google's android software is number one. one-third of the american market it has. it's the first time blackberry has not been the leader in three years. blackberry is number two. their sales dropped to 29%. the iphone is third with 22% of

total u.s. sales. the competition has meant prices have actually dropped it an average of $143. apple says it is investigating reports of a possible security problem with some of its most popular electronic devices. the german government said opening some pdf files on the iphone, ipad and ipad touch could allow criminals to gain access to those devices. germany's office for information of security said that would allow the criminals to read e-mails, read text messages, get past words and even listen to phone conversations. indonesia is considering a ban on blackberry. the government in jakarta is asking research in motion, which makes the blackberry, to set up a separate server this indonesia. the government is concerned that information sent out of the country could be intercepted and read by

criminals or even spies. research says the bans are political, not criminally- related. a proposed pay would bring back 49 firefighters who were laid off. this is the offer after city leaders rejected the latest proposal. the union proposed cuts as the soft cavings -- cost savings measures. >> i believe the firefighters should follow the san jose police department. the san jose police department wanted to avoid layoffs so they asked for the exact number to avoid layoffs and the police met that. >> i think everybody's goal is to move as quickly as possible and get firefighters back so they can provide the safety services to their citizens. >> the city asked the union to vote on the proposed 9% pay cut. the firefighters union says it will decide next week how to

proceed. 7:49. gilroy police are saying that even though they have seen a drop in overall crime, gang violence has exploded in the city. at a town hall meeting, police encouraged maybes to be on the lookout for suspicious activity. they say since 2007, gang violence has doubled from 44 incidents then to 85 last year. now, while those numbers could drop this year, police say there's still a lot of work to do. >> we're continuing to see gang signs, a lot of assaults. >> now, gilroy police say las animas work is popular -- is a popular hangout for gang -- hang out for gang members. one bay area county says

it's seen a dramatic increase in the demand for food stamps. we'll find out which bay area town has joined the smart meter rebellion.

. more than 25,000 residents received food stamps in the month of june. that's a 77% increase from two years ago -- officials are saying more families could receive help. they are actually setting up a network. in a unanimous decision yesterday, the town council banned the remote control

utility. that vote came despite the fact that pg&e made a promise to stop installing them. time now 7:53. federal prosecutors are reportedly intensifying their criminal investigation of cycle super star, lance armstrong. now, armstrong denies any wrong doing. at a promotional event in denver, he told investigators he had -- officials he had nothing to say about the investigation. the clydesdales are making an appearance and the public is invited to come meet them. clydesdales fans can pose.

and the horses will be on display this afternoon, tomorrow evening and saturday afternoon. >> i want to see the collidesdales. >> head on up there. highway 101 university avenue an accident that's blocking the fast rape in both directions at university avenue. so the bayshore freeway, really down for. count here. northbound 101 coming up past mountain view. you'll see slow traffic. southbound 101, it starts to slow in redwood city. use 280 instead. this problem is going to be there for a while locker. moving along and taking a look at the bay bridge, it's backed up for about a 10 manufacture -- ten minute wait. here in front of the coliseum, it's not bad. our cool pattern is here for a while. in fact, it will be reinforced over the next few days as another strong low for august. i mean, if we were in november,

december, january, february, this would be our fourth month of rain. but because it's summer, we are getting a lot of fog. the system is dropping down from the pacific northwest. inland areas, most, not everyone. yesterday in was 96 in ukiah. not today. so if you want the heat, have you to head north and east but even out to the sacramento valley, it's not that bad. 51 in san francisco right now. the high will be 58 after yesterday's 59. just too much fog. i mean it's really chilly for some. 58 san francisco, ten below average. oakland, 64, that's way below average. it's nice if you are heading out to the fair. but mountain view 6. mount tam is running 7 degrees cooler so the fog has lifted of the cool air aloft is moving in. low 50s mill valley tiburon. even crockett and vallejo are

down to 52. ukiah's 52. eureka is in there. it's a chilly pattern across much of the coast and it's going to get colder for some. now inland will take the biggest drop in temperatures over the next few days. comb and fog gives way to sunshine. it will be nice and comfortable for some. but over by the coast, there's a lot of gray that will persist. mountain view is only going to 68. when you get upper 70s in livermore, danville, san ramon, that's cool. low clouds, cooler friday into saturday and then i think we're just going to stay here for a while. cau dean and dave? a campaign event for a republican candidate for governor, meg whitman everything is interrupted by an angry mob. up next we'll tell you what protesters were upset about. we'll tell you about a water

main break that's causing problems for drivers and for more than two dozen residents. the. ruling has been made. find out what's next in the league battle surrounding same- sex marriage. droiiiid. what this droid does will change how you do web connections. this creates a mobile 3g hotspot, powerful enough to fuel multiple devices at will. putting you at the center of your own world wide web. introducing the new droid x. the next generation of does.

robbery suspects get more than they bargained for. and the search is on for three suspects after a ter righting home invasion in pleasant hill. the second hour of "mornings on 2" begins right now. good morning. welcome back to "mornings on 2." i'm claudine wong. tori campbell has the day off. and good morning. i'm dave clark. it's thursday, august 5th. well, both sides of the same-sex marriage issue vow to keep fighting following the federal ruling that overturned proposition -- proposition 8. hundreds have marched to city hall to celebrate the decision. meanwhile, opponents expressed disappointment. >> we have today's victory. and we will continue our fight

to washington and to the supreme court. >> you know, marriage between a man and a woman is a reality and when recognized by the state, becomes an institution. that's in the public interest and -- and in the interest of every child without exception. the same-sex marriage victory celebration continued last night with a street party in san francisco's castro district. well, despite that ruling, same-sex marriages will not immediately resume. ktvu's jade hernandez joining us live. she's in san francisco with more on that. good morning, jade. >> good morning. we watched within minutes the release of that decision, a push to get same-sex marriage couples -- >> they stayed it? >> yes. >> oh! >> how are you feeling the about the decision? >> elated. elated. nothing would make us happier

if the equality we've achieved through the courts would continue. >> reporter: the marriages could take place tomorrow, depending upon john walker overturning the ban on the stay. he gave both silds in this case until tomorrow, friday, to submit written responses as to why that temporary stay should remain or be lifted. supporters of the voter- approved proposition 8 argued any same-sex marriages which would be performed after the ban was lifted could be complicated by rulings and appeals farther down the legal road. the 16-page opinion issued is now headed to the 9th circuit court of appeal. proposition 8 supporters could still ask the court of appeal for a suspension during their appeal. that appeal could take months. then it may be onto the u.s.

supreme court, where one justice in particular may hold a swing vote. >> everything is gonna come down to justice anthony kennedy. if you look at the history of him, there is a good likelihood that he will say that prop 8, like judge walker said, was unconstitutional. there have been two cases about of the united states supreme court in the last yep ration dealing with sexual orientation. both of them 5-4. both of them within justice anthony's saying you cannot discriminate on the basis of sexual orientation. >> reporter: same-sex marriage is current a -- currently legal in five states, while civil unions are allowed in new jersey and that decision is expected tomorrow. jade hernandez, ktvu channel 2 news. >> thank you, jade.

as always our complete coverage continues at our website. ktvu.com. we've even posted judge walker's ruling in its entirety. you can also see a link to all of the video evidence presented at the trial. in san francisco, one man was shot overnight. another man is in custody following a strange incident involving a federal agent. it happened on marlin court in san francisco's bayview district. police say the two suspects tried to rob the irs agent who was doincriminal work at the time. police say that's whether the agent opened fire. >> he fired a weapon and one of the suspects was shot and the other one fled. >> the injured suspect was hit in the torso and was transferred to san francisco general. the other suspect was captured close by the scene. allie rasmus will have a life

you've date for us in the next half hour. police in pleasant hill are searching for three men who robbed a house while disguised as police officers. now, police say two the of the men broke in through a sliding door of the living room in a home around 11:30 last night. they reportedly identified themselves as police. they were wearing jackets and vests with the word "police" on them. investigators say they were armed. they forced the victims to get on the floor while the house was ransacked. they reportedly stole electronics and escaped in a champagne or brown-colored suv. it could have been a chevy. the license plate was similar to 4 tez-960 or 42 ez-400. there's still no hour at this water for smalled county

districts. right now bossman road near san lorenzo remains closed because of road damage. east bay m.u.d. crews have been on the scene all morning trying to fix that problem but at this point we still don't have any kind of time frame on when those repairs are going to be completed. a developer is now suing the city of alameda for breech of contract after the city scrapped the plans for a massive project at the former navy base. sun cal planned --ed to build 5,000 -- planned to build 5,000 homes. but city council members voted to scrap that. but sun cal has already spent about $17 million on the project so far and it wants the courts to allow it to go ahead as planned. 8:06. it's official -- oakland mayor ron dellums will not seek a second term in office. he reportedly told city

officials. his reasons, they are personal. right now, there are eight candidates in the running to become the next mayor of oakland, including city councilwomen jean kwan and rebecca kaplin and former state senator, don perata. ac transit riders may have an easier time goating around starting -- getting around starting sunday. that's when the anticipation will slip back to the old work rules and schedules. ever since a new contract was impotessed, many drivers have been calling in sick and commuters have suffered through frustrating delays on several bus routes. last monday, a judge ordered ac transit to restore the old contract as arbitration begins on the continuing labor dispute. 8:07. if you are a peninsula commuter, you are gonna want to

listen up becauseel is halves information -- because sal has information. >> we've had a flipped over suv. it's been there for a while. university avenue has been blocked for quite some time. they are making progress in clearing this crash but the damage is done as far as the slow traffic is concerned. i would use 280 instead. northbound 1011 barked -- northbound 101 barked up -- backed up. it might get backed up to san carlos if it stays up there much longer. we want you to know this is not a good option for you. i think 280 is much better. let's go -- let's go to live pictures. westbound -- westbound 2 0 has been busy. when you get to the toll plaza, it's a little bit busy. about a ten-minute wait. there is a new accident in daly

city. northbound 2 0 before hickey -- before 280 boulevard. low clouds and fog are way out there. when it goes to mount diablo and way beyond that, that says it will be a cooler day. already a sea breeze for many. the system digging down from the pacific northwest. low-pressure system. people are e-mailing me. what's going on? we've already had four months in a row of below average temperatures. everything points to august. there's no sign of warmup at least through the 15th. maybe a little bit. the trend is for cooler pattern. the fog is lifting. when you get low 50s in the fog, mist and drizzle. that's cold. 51 san francisco. 55. we'll go 57 at noon. 58 there are other areas in the city that get more sunshine and get warmer. it won't be anywhere near average which is 68 degrees this time of yeal be a cooler

day. santa rosa two days ago hit 81. 74 yesterday. 74 today. 7 walnut creek after 84 yesterday. oakland had 70 yesterday. san jose from 75 to 73. they should be around 84 degrees. mount tam anded a many of the higher elevations are running about 7 to 10 degrees cooler than they were 24 hours ago. that means the fog is up. the cooler air is starting to come in. mill valley, tib by round. sonoma, 51. crockett and vallejo, 52. pleasanton, 53. and stanford menlo park, not much warmer, 54. i heard from a friend of mine in mountain view. for everybody, 40s and up in the mountains. 50s in the valley. this system right there, right

up there is on its way and it's going to carve its way out. 80 in fairfield. antioch brentwood, oakley, morgan hill, 80. but after that, you are seeing a lot of upper sevens -- 70s. 60s and low 70s on the peninsula. low clouds friday into saturday and then just kind of cool to mild all the way into sunday and monday. 8:11. up next -- a new way to get critical information about certain sex offenders. and the vote that's expected within the hour. this could help save 13,000 california teaching jobs.

good morning. fog is lifted but there's still a -- well, a solid overcast conditions, way inland, even san jose way overlast. only in the low 70, mid-70s, san jose today. after the fog burns off, 50s and 60s by the coast. this morning, president obama is in chicago. he's touring the ford motor company plant there. in fact, this is a live picture. big room. any minute now, the president is scheduled to make a speech.

you can see all of the workers gathered there waiting to hear the president at that ford motor plant. the president will talk about what was a very unpopular decision to bail out the big three automakers. he will be talking about that and how he says it helped save jobs and even save the auto industry. ford, by the way, is adding 1200 jobs to that plant in chicago. as we look live at the auto plant there, president obama will be speaking any moment. i saw some people stand up a second. we'll check back and see what's happening later. meantime everything a bill now working its way through congress could have a big impact right here in the bay area. it's a $26 billion measure. it's aimed at giving states and the school districts the money they need to prevent laying off teachers and other public employees. alison burns is it live in our washington, d.c. bureau with all of the details. good morning, alison. >> reporter: good morning, dave. the senate is expected to start

voting in about a half hour. california senator barbara boxer says 13,500 california teaching jobs are on the line with this vote. senator boxer is leading the push to get a $26 billion state budget bailout through congress. she says it will save teaching jobs -- jobs apartment other public service jobs. >> the police, the firefighters, those jobs will be saved. nationwide, today, with this passage -- with the passage of this bill, we save 250,000 jobs. think about what that means. >> reporter: california is getting more than any other state. republicans say it's another budget buster around the states should stop looking to washington for help. >> they are getting more from us than they are from their income taxes, their state taxes, their property taxes. the states are becoming completely dependent upon us.

>> reporter: the house is on their summer break, but house speaker, nancy pelosi, is calling the house back next week for a vote to okay it. reporting live from washington, d.c., alison burns, ktvu channel 2 news. >> thanks, alison. the supreme court justice nominee, elena kagan, is likely going to get confirmed by the senate today. a report by "the associated press" shows that more than 51 senators say they are going to back kagan. that does include nearly all of the democrats and a hand full of republicans. this bo make -- this would make her the -- make this the first time three women have served at the same time. bp may be getting closer to permanently plugging up that oil in the gulf of mexico. bp was ail to pump enough mud in that well. today, in fact, a little while ago, they started to pump cement in there, trying to seal

up the well for good. crews still working to create a relief well that will cut off the leak far below the sea leve if everything works like they are planning, it should be completed by the middle of august. governor schwarzenegger is ordering officials to warn the public whenever a sex offender on parole slips away from supervision. that follows incidents in bakersfield and san diego where parolees remove their age the a attacked teenaged girls. an official with the department of corrections plan to post information on a public website. the department also says as many as 60 parolees flee every month but will not say how many of those are convicted sex offenders santa ana the state aoffice of the inspector general says it may join the investigation into last week's fatal attack. officials say frank sousa is suspected of stabbing shaffer.

shaffer was convicted of killing a novato girl in a motorcycle crash. there are questions about why he was not in protective custody. since criminals whose crimes involve children are likely to be at greater risk for attacks from inmates. tens of thousands of images taken from body scanners are being stored. according to c-net they reportedly saved the body scans at a single florida courthouse. that admission follows an earlier disclosure that it requireses that all airport body scanners be tested. two men are charged with what san francisco's district attorney is calling massive fraud. investigators say the two falsified the stamps and the signatures of two licensed engineers who didn't know what

was happening. jimmy jen and jane men fong facing a tote aal of -- total of 320 felonies. now, the district attorney says the two then filed those false documents with the city's department building of inspection. these defendants reportedly -- purported to be licensed and purported to be licensed to approve property lines, surveys, permits, inspections, and they were not licensed to do that work. >> now, this investigation found that city building. inners apparently approved without questioning 500 documents that those men submitted. one of the defendants is considered a flight risk. his bail is set at $50 million. the other other's -- the other's $2 million. we have the first case of

the west nile virus in the bay area. a little bit of a backup at the toll plaza. we'll tell you more about the morning commute -- straight ahead.

san joaquin counties officials are reporting the first west nile infection of the year. they say a 50-year-old woman donating blood tested positive

for the mosquito-born disease. one in five people feel any symptoms. last year the virus was detected in 13 county residents. in south san francisco police there have investigating a deadly crash where a pedestrian was killed. this happened yesterday morning in a parking lot at 400 oyster point boulevard. police say a 71-year-old man was apparently standing in the center island in the lot. he was hit by a car driving in a parking stall. the victim was pronounced dead there at the scene. police are still investigating and are asking if you know anything about that, give south san francisco police a call. 8:24. let's go right out to sal who is taking a look at our bridges this morning. how are they looking, sal? >> looking okay. the bay bridge has a packup. it's not all that -- backup. it's not all that bad. westbound backed up to about the middle of the parking lot. san mateo bridge looks good. but 101 southbound, slow

getting down to palo alto because of a crash they are clearing up now. just be aware of that. you might want to go automatic all -- go all the way to 280. 8:25. here's steve. cold. cold this morning. upper 40s for a few. low 50 for many. foggy, cold, for almost every location. if you have any sun, can you tweet me spweather. spweather. fair field west-southwest 26 sustained. if vacaville gets a west wind, that means cooler. south wind this time of year is a cooler direction. a lot of low clouds and fog. it's lifted this morning. so 51 in san francisco. we'll go 5 on the high tide -- 58 on the high side.

>> the system is driving down. that's a low coming in. there will be one coming in and then a stronger one reloading or reinforcing that system probably early next week. brentwood, antioch, oakley are staying in the low to mid os. low clouds on the increase and friday into saturday and then i think we'll keep it there with very, very subtle changes. sunday and monday. >> claudine and dave? >> 8:26. coming up a court appearance today for the younger brother of a giants' out fielder appears for that hit-and-run

spree.

we're told an irs on duty was shot. he or she was in the middle of conducting some investigativive work. the irs agents investigate ponzi schemes and mortgage fraud. because of security and personle issues, the irs says they cannot confirm for us whether this person was a man or a woman but they say this person was walking in the bayview district near la salle or kirkwood. that's when two people approached the agent and attempted to rob that individual. the agent opened fire and shot one of the suspects. they are still looking to see how many people are still involved in this attempted robly. >> we don't know for sure how many suspects it was. but the agent fired at one of the suspects, hitting one of the suspects. that suspect is in custody at

the hospital. non-life-threatening injuries. >> reporter: now, one of the two suspects is under arrest at san francisco general hospital with noun life-threatening injuries. no word yet whether that individual is cooperating with investigators. a second person has been detained but police are still investigating his involvement in this attempted robbery. san francisco police will be two investigations here. an officer-involved shooting investigation as well as a separate criminal investigation. they say that's customary any time a law enforcement officer is involved in a shooting in the city. an irs spokesperson said that city will be doing their own internal investigation into what happened last night. allie rasmus, ktvu channel 2 news. >> thank you. well, opponents of gay marriage vow to keep fighting despite a court ruling that overturned proposition 8. in celebration, hundreds of people marched to city hall yesterday. but those who showed up to get married still face several more

obstacles. jade hernandez joins us live from san francisco with that part of our coverage. good morning, jade. >> good morning. it's going to be at least one more day before same-sex couples will learn if they can pick up a marriage license right here at city hall. there was a push to get same- sex couples married before a rule -- a stay against the ruling was announced. >> they stayed it. i'm sorry to hear that. oh! did you get -- [ inaudible ] >> reporter: chief u.s. district court judge vaughn walker overturned the ban on proposition 8. they granted supporters of prop 8 a temporary stay. he gave both sides in this case until tomorrow to submit written responses as to that

why stay should be overturned. supporters contend the millions of californians who voted in favor of the ban should be aloued to define marriage. but a legal expert we spoke to said as this case progresses, this will highlight a core issue. >> the voters are just like the legislators, when we make a law, we're subject to the constitution, just like the legislature is. so this trumps us all. we all have to abide by it whether we like it or not. we have equality and debate in this. >> reporter: gay marriage is legal five states. civil unions are allowed in new jersey. we're live in front of city hall in san francisco. jade hernandez, ktvu channel 2 news. >> thank you, jade. well, not everyone in the bay area is celebrating judge walker's ruling. people who voted for -- for

proposition say they believe the judge ignored the will of the voters. >> i was raided a sawn -- raised a staunch catholic i have -- staunch catholic. i have certain beliefs. i was raided to believe -- raised to believe a man marries a woman, not vice versa. >> some of who we spoke to said they don't believe "marriage" should be used. as always you can find complete coverage at ktvu.com. we have posted judge walker's entire ruling and there was a lot of video evidence presented at trial. all of that evidence is linked to our website. caina schierholtz will be in a contra costa court today. he is facing several charges in

connect -- in connection with a series of drunk driving crashes where he's accused of hit ageusiclist, a pedestrian, two -- a cyclist, a pedestrian, two light poles and a vehicle. he was convicted of drunk driving when he was 17 years old. the con core man whose pit bulldogs attacked his grandson is charged with felony child endangerment for allowing the situation, where the little boy wandered into the garage where the dogs were kept. a mistrial was declared yesterday for jason kai because of a disagreement among the jurors. he's accused of fatally shooting a manhandling a

wrongful death lawsuit filed by the family of his late life. he was convicted of the drowning in 2006. he's headed for a new trial hoey will happen next -- try which will happen next year. authorities have released then in call in the connecticut shooting. police say omar thornton, the suspect, was called into a meeting with management on tuesday. when he came, he had two pistols, a shot gun and opened fire on his unsuspecting coworkers. listen in to one of the 911 calls. >> there's people running all over the place. >> okay. >> okay. i see him running away right now. he's running away. he's shooting at somebodiers. he's still shooting. >> frantic employees scattered.

well, san francisco police announced the arrest of a suspect of the killing of a man outside jelly's dance club. police say prosecutors have not yet filed charges against the 32-year-old solano county man spending -- pending further information. the victim, lee farley of richmond, was shot to death. the san francisco board of supervisors just gave the entertainment commission the power to close down nightclubs that pose a public safety threat. that's following a string of recent violence, including several shootings outside of nightclubs and different parts of the city. now, in the past, the entertainment commission can only temporarily suspend the permits of problem clubs. now the commission has the power to revoke the operating permits of those nightclubs.

in san jose, the firefighter's union is deciding whether or not its members will get a chance to vote on proposed 9% pay cuts. that pay cut would bring back 49 firefighters laid off last week. >> i believe the firefighters should follow the san jose police department. the san jose police department wanted to avoid layoffs. so they asked for the exact number to avoid layoffs and the police met that. >> i think everybody's goal is to move as quickly as possible and again get firefighter its back so they can provide the safety services to to their citizens. >> the city has asked the union to vote on the proposed pay cut. the firefighters union says they will decide next week exactly how to proceed. 8:3. they've had commute problems in the peninsula all morning, sal.

what's happening? >> we're updating the crash on highway 101 in palo alto. we have had the crash for almost an hour now, maybe a little more than that. i have a map of the area. 101 northbound at university avenue, the accident also tied up the fast lane in the other direction. they've cleared the cars from the lanes. northbound traffic is still backed up big time. southbound traffic is backed up to holly street in san carlos. boy, that he a huge backup. use 280 instead. give yourself a break today. don't use 101, at least for the next few hours if you can avoid it. let's take take a look at at some of these pictures. now here's steve. sal, thank you, sir. gray skies this morning. plenty of low clouds have lifted a little bit. they were down on the deck

yesterday so we have more fog. now it's low clouds and fog. it's made a really strong push to the areas. concord, livermore, san jose, everybody says cloudy. with that in mind we're going to have a cooler pattern moving in. the coast really hasn't warmed up at all. it doesn't look like it will any time soon. a rather strong low is dropping down from the pacific northwest and an even stronger one might come in behind that. it will be cooler. like ukiah was 96. not everyone is getting in on the sea breeze over -- or the fog. they will cool down. for inland areas around the bay area. it's going to be a cooler day with spents and ideas. it's cold in the city. 64 mount tam, running 7 degrees cooler than 24 hours

ago. they were about 10 degrees cooler a couple of hours ago. mill valley and tiburon, 52. sonoma was 51. now they are 5. crockett, vale, 53. san carlos and stanford, 54. las vegas says what fog? it's already 90 degrees there. 50s and 60s up and down the coast. 5 sacramento. sea breeze has made it to vacaville and even sacramento and stockton will see another -- a little spin in the atmosphere right there. as that comes in, that's going to enhance the fog. there will be some areas that don't see the sup at all. windy at times once the fog burns off. good sleeping weather. i mean, the lows are really chilly. really chilly for this time of year. 50s, 60s coast and bay. upper 60s, low 70s. same for the north bay. downtown napa at 71. i mean, that's not the airport. the airport will be about 68.

that's cool. fairfield, 80. antioch, brentwood, 84. san jose, 73. livermore, 79. they were 91 two days ago. low clouds on the increase friday into saturday. it doesn't look like it's going to get very warm any time soon. coming up -- san francisco's city attorney dennis herrera joins us live to weigh in on yesterday's same- sex marriage ruling and talk about what's next in this legal battle. plus -- [ chanting ] the republican candidate campaigns in southern california, meg whitman, but she didn't get a warm welcome. details on that.

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a robbery suspect shot overnight by an irs agent is recovering now at a san francisco hospital. police say he was one of two men who tried to rob that agent in the bayview earlier this morning. the other suspect has been detainped and is being questioned. in pleasantville, investigators are searching for three men who robbed a house while disguised as police officers. police say the gunman forced

their victims to the ground while they ransacked the house. supporters of same-sex marriage are celebrating this morning after judge vaughn walker ruled in their favor and overturned proposition 8. this is one step in a battle expected to take years. dennis herrera join us -- joins us with more. good morning. >> good morning. >> what was your reaction when you heard the ruling? certainly the judge had strong words in favor of same-sex marriage? >> well, i was incredibly gratified by the ruling. mostly because the judge after the 12-day trial clearly got to the heart of the matter and repudiated the arguments on every score and said, quite clearly, that same-sex couples have a fundamental right to marry, that they are entitled to equal protection under the law and that there was no legitimate state interest in seeing discrimination against

the gays and lesbians here in california. the whole source of factual findings -- i think those will serve well in the appeal. >> this is just one step. you have the opponents of same- sex marriage saying we're already looking forward to the appeal and trying to overturn this. what do you think this battle is going to be like and how long do you think it's gonna to take? >> we've always said this -- we've been in the state court for six years. we have a couple more years to go. it will go to the 9th circuit and then likely the supreme court. we take great solace that the judge made such detailed findings. they are, what they are. those facts are in the record. >> there's certainly a very strong foundation for you guys.

i want to ask what's happening over the next couple of days because certainly that may be -- maybe even the support for same-sex marriage is going to be -- if this temporary stay is going to be a permanent stay until we get a final ruling. what are your thoughts on that? how likely is it that you will see same-sex marriages start up again? >> well, the judge has asked for a briefing by august 6th. that was reaction by a supplemental motion that was filed. >> i think what's interesting is he did not stay his decision. we'll be prepared to argue in our brief why a stay is not required pending appeal. we feel pretty confident on that and we think it's important that we expedited. >> we should mention, even if he says he's not gonna stay it, the opponents can go up again and get another court to issue

another injunction, is that correct? >> that's correct. we're confident. we have made a clear case about why this needs to be expedited as quickly as possible. >> thank you. we appreciate your time and your discussion on this discussion that's an -- and your discussion on this ongoing battle. >> back to you. [ chanting ] meg whitman appeared at her newly-opened campaign office in the mostly latino community of east l.a. >> we're gonna reach out and include latinos and minorities across california because i want this to be a campaign that includes all californians. >> now, meg whitman has aggressively campaigned for the latino vote, putting out billboards and running spanish ads. back here in the bay area,

a san jose man accused of assaulting a singer from vietnam has pleaded notion in santa clara -- has pleaded not guilty in santa clara superior court. prosecutors say tong is an anti- communist activist who dressed up like a woman and attacked a sicker -- the singer with pepper spray. if congressed, he could face six years in prison. in pail low aloe experts are saying more and more teenagers are coming forward and seeking counseling. the increase comes in the wake of five suicides connected to gunn high school. five teenagers lost their lives at or near the school. palo alto's counseling service says more students have sought

counseling this year than is normal. well, there's mixed news this morning from the labor department. the number of people filing for first-time jobless benefits jumped 19,000 to 47,000. that's the highest level since april, in a sign that companies are still laying off workers. however, continuing claims slipped by 34,000. that puts the number at 4.54 poll. the bay area's tesla motors said it lost $38.5 million in the 2nd quarter of this year. it's the first financial court since the public offering near the end of june. tesla says research and development costs are the reason for the loss. the company's new electric sedan is scheduled to be in showrooms in 2012. 8:51. next -- new allegations of doping against cyclist lance armstrong. also -- meet the walking

resume. take a look at this. coming up -- this is one man's very creative attempt to get a job in some really tough economic times.

had fairfax is banning those controversial pg&e smartmeters. the town council banned those remote-controlled meters within

the town's border. now, pg&e already made a last- minute promise to stop installing the smartmeters in fairfax. but town leaders said they were concerned about the accuracy. officials are continuing their investigation into lance armstrong. they have questioned several teammates of lance armstrong and others and they are backing up the allegation of doping. armstrong denies any wrongdoing. speaking at an event in denver, he said he had nothing to say about it. a woman in cleveland, ohio wanted to know if her husband was having an affair so she checked the name of the suspected lover on facebook. she found this -- wedding photos of her husband getting married to another woman. she's now fighting for divorce

and the custody of her children. she claims their five-year marriage was never valid. the anheuser-busch brewery in fairfield has special guests. the world-famous budweiser clydesdale making ap appearance. the public is invited to come out and meet them. they will be able to pose with the horses and their dalmatian mascot. the here ises will be on display tonight, tomorrow night and saturday afternoon. desperate times sometimes call for desperate measures. at least one san francisco man we found out about is really taking it to heart. look at this. this is 59-year-old ken donaldson on the streets of san francisco. he's looking for a job in a very unusual way. he's become a walking resume, complete with a high-tech display. it's a technique he says got him a job 19 years ago. someone is going to see

that i'm looking for a job. and someone who will go to a length to get a job like this, is somebody they will want to work -- they will want that person to work for them. 8:56. let's go out to sal castanedo cass. things are getting crowded in oakland. and if you look at this picture you will say do i really have to drive through this? 8 -- 0 northbound is -- 880 northbound is not doing well going to -- going up to the coliseum. on the peninsula we had earlier problem. 101 is not the best call. use 280 instead. here's steve. a cooler pattern on the coast. it's really cold over there. 50s and 60s. even inland areas will cool.

this takes us into friday and saturday. if you like cool, you will like the next fine, seven days. maybe ten. >> ten? >> yeah. a little soon for rain. but cool. >> very different for us. >> yes. >> all right, thanks, steve. >> any time. that's gonna do it for us here on "mornings on 2." have a great morning, everyone. the ktvu channel 2 news is our next newscast. >> bye now.