. as expected proposition eight opponents have filed a motion argue that same sex marriages should resume in days. >> its been called a dangerous area for san francisco bicyclists and it was the scene of another fatal accident last night. >> cops having a barbecue during the summer isn't unusual but this one is aimed at helping save an officer's life. >> the president and his family head to the gulf coast

to urge americans to visit the beaches he says are now free of oil. >> complete bay area news coverage starts right now. this is ktvu channel 2news at six. >> good evening. i'm heather holmes. >> i'm ken wayne. same sex marriage couples across california are anxiousously awaiting word on if a stay will be lifted next week to let them marry. while they wait there is behind scene legals maneuvers to lift the stay and for others to try to keep it in place. ken pritchett. >> reporter: will gay marriages resume here on wednesday at san francisco city hall and around the state is an open question to be decided by the court of appeals. same sex marriage supporters filed a motion last night arguing that the opponents don't have the right to argue the question. gay marriage supporters scored a victory but not complete.

the judge found the proposition unconstitutional arguing gay marriages could resume but not until wednesday letting opponents appeal. >> if you were planning to have your wedding on the 18th don't put done a nonrefundable deposit. >> reporter: the decision is now with the court. the supporters want an emergency stay to put the marriages on hold but last night supporters filed this motion saying their opponents don't have standing or the right to ask the court for a stay. >> the question is if the proponents have a specific, particular injury in -- what the judge did. it's not clear that they do in under current law. >> reporter: the governor ordered jerry brown would have a clear right to appeal but they have decided not to challenge it. the supporters argue the restart of gay marriages during the appeal process will do

harm. >> i'm hoping that around the state lue have county clerk recorders that will refuse because they should be representing the people they serve which did up hold the proposition. >> i would assume the court will continue the stay. that's the sort of safest bet. >> reporter: the court will be deciding whether or not gay marriages can resume next week. the larger question on the appeal of the constitutional will be decided by the court after the case is heard and that likely won't happen for at least several months. in san francisco, ken pritchett. >> you can read more about the proposition eight case on the website. there you will find more details on the case along with video evidence presented during the trial. >> a hit and run accident in

san francisco last night killed a bicyclist. the crash happened just after 10:30. police say both the car and the bicyclist were going south when the car then hit the bike. the victim, a 21-year-old white male died at the hospital. the 38-year-old driver left the scene but police found his m car a few blocks away and arrested him on manslaughter charges. bicyclists have been working with the city to improve safety on the corridor which has a long history of crashes. >> vallejo police looking for two suspects wanted for murder. a want has been issued for the 37-year-old who is suspected of killing a man last weekend. police consider him armed and dangerous. he also uses the came capone. his girlfriend jessica gonzalez is wanted as accessory to murder. if you see them call the

police. the 38-year-old was found shot to death august 8th. >> napa county fire officials say it was a lawn mower that started a fire. the fire burned about ten acres forcing highway 29 to close for several hours. firefighters though were able to keep the fire from spreading to homes. crews carefully contained the flames by the morning they had it contain bid that time. cal fire said they haven't decided whether to pursue charges against the man operating the mower. they ask resident who need to clear dead vegetation to do so before ten when temperatures are cool and never when it's windy. >> drivers in the east bay relieved they can use a bypass road to get around a giant sink hole. the new road opened thursday. it replaces a one lane road where drivers had to wait for oncoming traffic and features a

bike path. the sink hole opened up in april when a storm culvert collapsed. the hole will be filled in next spring. drivers say they are glad for a faster way around. >> there was a outpouring of support for a ten year veteran of the police force who is now fighting for his life. john is live now in martinez. >> reporter: most of the time police are working to protect and serve the residents of the community but tonight these officers and their friends are protecting one of their own. it's a fundraising party for brian carter. the 36-year-old father of two was found to have cancer last year. he has faced treatment and chemo and needs a stem cell transplant. >> i want to get back to my life. i have two young sons that i'm ready to go out and be with.

lucky i have a donor that can help me and i have that other chance. any message i can send is go out, try to be a topper and save a life. >> reporter: today police officers from martinez and other bay area agencies came together to raise money to help carter and his family. because he is already used all his sick leave he has gotten america. >> to continue to get a paycheck and benefits employees from the city, city police department, but city hall have donated their own time so that brian can continue to get a paycheck and maintain his benefits. >> reporter: especially hard in a down economy and the commander said it shows how tight the communitys. >> people donated eight hours to 80 hours of their own time and not sick time, vacation and comp time that's money that could be in their pocket. >> reporter: hundreds of people turned out including other

emergency people. terri is a captain with the fire protection district. >> i worked him on several calls and all police officers, they respond to the same calls we do. the medicals and help us out as much as possible. for that we want to support them. >> reporter: the sergeant learned just this week there is a match out there willing to donate stem cells. he will start the process this thursday. live in martinez. ktvu channel 2news. >> vacaville police arrested a father after he reported his son missing the boy was later found inside the home. he called to report his 3-year- old missing. police say they were disturb pushed at the home that was filled with smells, and trash. they found the boy asleep under piles of clothing and trash. they arrested the man an child endangerment and the children

were removed. >> officials have temporarily shut down several public pools until they comply with a new law. the rule in place since july 1st requires all pool and hot tub owners to put in drain covers. they are supposed to stop young swimmers from getting sucked down into one of them. in 2002 a 7-year-old granddaughter of the former secretary of state died when she was trapped in a spa drain. officials think 40% of the pools in alameda still lack the covers. richmond residents celebrating the grand opening of a remodeled community pool known as the plunge. it officially reopened this morning free swim lessons all afternoon. it's heated by solar panels and the pool contains no chlorine. it was slated to shut down but the community raised more than $7 million to save it.

when it first opened in 1926 the pool was the largest indoor swimming facility in the bay area. >> new information is coming out on the killing of aid workers in afghanistan. up next what the only survivor is saying. >> our job is not finished. >> also the president tries to drum up business for gulf coach beach towns with a weekend family visit. >> and meg whittman writes a huge check for her campaign. how much of her own money she spent so far in her race for governor. . >> mostly sunny skies across most of the bay area. outside right now look across the bay. there it is once again the fog bank. we have warmer temperatures in the five-day, another round of cooler temperatures. i will have the break down.

. on its way to space. the atlas 5 launched this morning from florida. the event satellite has ten times more ability and moves data six times more efficiently than the one currently being used. over the next decade six more are set to go into orbit at a cost of $12 billion. in news of the world the only survivor of a deadly attack last week on ten aid workers in northern afghanistan is speaking out. he said he was spared after he recited verses the koran. he said one of the attacker was a pedestrian they picked up earlier this day. they demanded their phones before shooting them, two women were killed when a grenade was thrown into the vehicle where they were hiding. six americans were killed.

the taliban has taken responsibility for the august 5th killings. in portugal more than 30 wildfires burning. the flames threatening homes and stretching emergency services. more than 800 firefighters, 260 vehicles and 20 air craft are being sent to fight the fire. officials are worried about two national parks where some of the fires have been burns almost four days. while the fires common in portugal this time of year authorities suspect many of the fires were arson. >> the president and his family flew to the gulf coast for a weekend vacation as part of a larger effort to help the area. we have the story now from panama beach city florida. >> reporter: the president visiting the florida han panhandle. they are spending the weekend in panama city beach. it's not just for vacation. the president met with local siness owners affected by the

spill he later said while the oil was stopped flowing in to the gulf the government's job in tackling the disaster is far from done. >> i'm here to tell you that our job is not finished and we are not going anywhere until it is. that's a message i wanted to come here and give directly to the people along the gulf coast. >> reporter: the president also made a pitch for tourists to visit the area. >> result of the clean up effort beaches all long the gulf coast are clean, they are safe, they are open for business. that's one of the reasons we are here. >> reporter: many are hoping the president's visit will boost tourists in the area. >> what we hope as a community is that it shows that the united states as well as the world that panama city beach is still open for business. >> reporter: bp's test on its blown out well continues to make sure it was securely plugged. >> issue an order to bp this afternoon, i have talked to the

senior leadership that requires them to do tests ahead of time so we can make sure that we have accounted for possible risk associated the bottom kill. >> reporter: critics argue the visit is a photograph op that offers little to help the local economy. businesses say the government's response was to little to late. traveling the president. >> also today the president talked about comments he made last night on controversial plans to build a mosque near ground sister zero. last night he said muslims have the same right to practice their religion as anyone else. he said today he wasn't necessarily defending the wisdom of the mosque but was talking about the larger principles. meg whittman was added another large piece of her own money to her campaign. she reported yesterday a 13 million-dollar donation of her

own money to her campaign. that brings the total ofself donations to $104 million. jerry brown has spent less than a million of what he has raised. she has said she is prepared to spend $150 million of her own money on the run. >> the south bay filled with people hoping for a close encounter of the alien kind much the search for aliens conference is going on tonight in santa claire a. organizers say people will be on hand to discuss out of this world topics. it's not all speculation, they are involved in a mission which is looking for earth sized planets around sun sized stars. >> in the middle of the more than 450 planets that people have found using all sorts of meth odds, nobody has found one like the earth yet and that's when he are looking for.

>> interested parties sightly are keeping in mind that the truth is out there, somewhere. a street fair drew hundreds to an oakland neighborhood for food, fun and music. the fair got started today. organizers blocked off a portion of mcarthur for the event. the fair featured local musicians along with crafts, children rides and a petting zoo. and thousands of people are getting down today in san francisco's golden gate park for the outside land's music festival. the event benefits the park department. this year's line up includes kings avenue leon and further, also on tap, food and wine from local vendors. about 50,000 people are expected which is down from the 100,000 in past years. >> looks like good weather for all of those folks heading to

the festival. let's check in with mark and not to bad in the city today. >> not to bad. you want to bundle up with not major warm up expected for the coast or san francisco but for the rest of the bay area we are tracking a few more 80s. right now on the maps i can show you this, on live storm tracker 2. the fog pattern. hugging a good portion of the shoreline. already moving in to san francisco. you can pick out golden gate bridge. that fog will continue to be on the increase. look outside. showing you this in san francisco. bundle up. it's 58 degrees. san jose, currently reporting mostly clear sykes and temperature of 69. as far as highs 60 for pacifica, oakland 67 and few 80s out there for fairfield, concord and antioch. weather stories, fog increases overnight and as you can see once again for tomorrow cool

coast, warm temperatures inland. the extended forecast we are talking about another cool trend for tuesday and wednesday. for tomorrow could be a little warmer as you can see with temperatures ranging the lower 60's from the beaches, few 70s as you head inland. warmest locations approaching the low to mid80's around 85 to 86. for san francisco if you are heading out to the festival for golden gate park, really tight here and the morning hours approaching area -- if are you driving or biking in or walking in, temperatures on the cool side 58 degrees. that's about it for the afternoon high. by 3:00 62, then by the evening back down in to the upper 50s. into monday. look what happens. this is a familiar story by tuesday and wednesday. the trough moves in to the north and it'll result in another cooldown. these are all just minor changes. that will be the temperature

trend. for tomorrow morning, partly to mostly cloudy skies. then in to the afternoon that fog bank pulls back to near the shoreline revealing partly to mostly sunny skies and temperatures around 60 to 85 degrees. a few more 80s toward walnut creek. these numbers on average about two to four degrees warmer than today's highs, san francisco 64, keeping it cool for the beaches. daily city at 61. pacifica at 60. here is a look ahead. the five-day forecast. temperatures going upward. monday will be the warmest day of the period. not much in the way of 90s. warmest upper 80's to around 90 and my familiar weather story, cooling off again for tuesday into thursday. little bump in the numbers so enjoy it while it lasts. >> they will have to dance in golden gate park to stay warm. >> good activity to do so. >> thank you. >> whatever the weather it's a good weekend to visit the

national parks. entrance fees are free as part of a special program. the monument with its tree social security open from 8:00 a.m. to sunset. the next free day for national park social security september 25th and after that it's on veteran's day. >> still ahead on the news, volunteers from all walks of life roll up their sleeves to fix up a busy oakland street.

. several dozen volunteers took to the streets or more specifically to a street in oakland for a project. community groups, youth groups, church members and young people on probation picked up rakes and shovels to lawn up the green medium in east oakland. project's organizers say they are trying to lend a hand to help city maintenance crews. >> the face of oakland is its parks and mediums and people driving through see them before anything else and if they are a mess then people think the city is a mess. we really need to help them out. >> they urged all residents to

take responsibility for the parks in their neighborhoods and pick up litter and help keep them clean. >> fred is here tonight and close last night, they lost, close today and they won. >> it wasn't a must win but it was a much needed win. san diego won eight of the first nine against the giants but now they have played each other ten times and seven of those ten games were decided by a single run. jose made his debut today. he went 0-1. padres take a 2-o lead in the 5th tejada scored. padres ace, allowed just two runs in 28 innings against san francisco that season. make that three runs and 28 because a homeowner the 7th and they tie it in the 8th.

juan fighting off this pitch. posey scores, giants third walk off run this week. 3-2 the final. giants trail the padres by two and a half games. >> it's a big win. it's kind of think every win, every game is important but especially the way their guy was throw the ball today. >> wow he sounded excited there. giants -- huge giants fan leads the pga championship. that's nick whatny. grow up in davis and attended fresno state. today in wisconsin he looked all world. it was a beautiful day along lake michigan and -- mickelson shot a 1-73. he is minus one. tiger had trouble with his putter. here is his final shot of the day. look at this. he actually smiled.

he is minus three. whatny a die hard giants fan. birdied fine of the first seven. he shot a 6 under 66. the 29-year-old enjoys a three shot lead into the final round. nick's birdie on 11. as we said three back. a's trail 2-0 in the 9th. full highlights tonight in sports wrap at ten. >> all right. thank you. coming up on the 10:00 news -- cheaper e tickets, the music festival has gone through plenty of changes. we will look at it tonight. that's our report for now. >> for all of us thank you for joining us. the next newscast is the 10:00 news. good night. >> goodnight.