>> there is certainly disappoint here in san francisco's castro district. this is the center of the city's gay community. but there is also hope, because you get the feeling in talking to people here that the community believes in ultimate they will prevail on the gay marriage issue. >> a little disappointed. but i think inevitable. we need to take a pause and step back from this. i know wedding planners are going to be mad. it may come to the end something a better decision made. >> it was very clear that the proprop eight people did not submit any compelling evidence to keep it in force. so i think judge walker's decision was completely valid. >> i think it's a great movement and i support what's going on. i think they're going about it the right way, taking their time and it will take time. you know and hopefully we'll make it to the ninth circuit.

and go to the supreme court. >> we're hopeful that ultimately, hopefully by the end of the year we're going to see finally that marriage equality is going on in california. >> reporter: we're getting the word that this appeal has been put on the fast track. the hearing before the court will be scheduled for the week of december 6th. reporting live from san francisco, jim vargas, ktvu channel 2 news. attorney general jerry brown had joined with the attorneys for same-sex couples, asking marriages go ahead. but today's decision to stay the leave in place did not surprise him. >> well, i urged them to raise the stay so that marriages could take place. after that that is a constitutional right, at least i believe that and the judge believes that. it's very usual and common for our court to put a stay like this. >> reporter: as attorney

general brown has the responsibility to defend state propositions against legal charges. but he chose not to back proposition eight because he feels the law is not constitutional. >> reporter: the delay is hard on people who have been making hard to get married when the state was to have been lifted on wednesday. he finds some aspects of the case encouraging. >> the good news is we have an expedited hearing in september. that's significant that this is this year, it's not next year or the year after that the ninth circumstance quit will actually hear the real decision, rather the real issue that was advanced by the lower court. newsom said his heart goes out to the same-sex couples who had made plans for weddings. on a statement released tonight, the alliance defense

fund said, refusing to stay the decision would only have created more legal confusion. for more information, you can go to ktvu.com. in other news tonight, the livermore mother accused of having sex with two underaged boys appeared in court. christien kafton is live tonight with what he had to say. >> reporter: her husband was in court and today, he also spoke out about this crisis. christine hubbs entered the courtroom today composed and serious as she faced the judge. a marked different from he appearance last week where she

repeatedly broke down in tears. she's much better. she's fine, she's in a protected space. i don't like to have any client in jail but that's not a bad place for her right now. >> reporter: hubbs a 42-year- old mother of three seduced her daughter's boyfriend. the boy's mother reported her suspicions to investigators after she found a nude photo of hubbs on her son's mobile phone. in the course of that investigation, they found another 15-year-old victim. >> there's a lot of information to go through. you can tell by what's i've already received and what i'm going to be receiving, that i'm going up to the district attorney's office now to pick up more. >> reporter: hubbs husband was

in jail tonight to support his wife. and he says that he and the couples kids are doing well. >> my kids are holding up though, i can tell you that. >> reporter: she let a group of boys shoot a pellet gun from her suv. we're live in pleasantton, christien kaft, ktvu. and a group of men killed at jelly's. the victims widow and mother attended a news conference today with their attorney. they accused club owners of quote negligent supervision and security. club owners have not responded to the allegations. a dive team is searching

for a missing vallejo man. just before 2:00 p.m. the 28 or 29-year-old man was swimming with a group of friends. they were jumping off a ledge then swiming to a derrick but he apparently did not reach it. the pond is believed to be about 30 feet deep. signs outside the property forbid trespassing. john cota serves time for causing the 2007 accident that spilled 53,000-gallons of oil into san francisco bay. he was never tested for legal drug use. today pilots are skill screened for marijuana and other illegal drugs but not for prescriptions. the national transportation safety board is considering

whether to change that policy. president obama is in california to raise money. house speaker nancy pelosi is also scheduled to be at tonight's event. president obama leaves tomorrow morning to seattle. and in san francisco, school got off to a loud start: the target is john yu, a former member of president bush's administration. the justice department investigation found that although yu and his former colleagues showed poor judgment, they did not commit professional misconduct. star test results came out this afternoon with scores for school districts all across the state. students statewide improved by two points in verbal skills and

two points in math. california public school officials say it's the eighth year of improvement. the program measures performance by second through 11th graders in language, math, science and history. and you can check out all the star test results for your child's school on our website. just go to our right now section at ktvu.com. reading, writing and health were on the agenda for the first day of school in san francisco. school officials send out letters warning parents of academic. >> reporter: last year it was the h1n1 virus, this year school officials and public health officials are taking steps to help stop the spread of whooping cough. at san francisco sherman elementary school today back to school means basic lessons for kids and adults. school officials are about to launch a program to educate parents about a whooping cough

epidemic. >> the number one message is, if your child is coughing a lot that you shouldn't allow them to come to school. >> to be clear, the older children are less likely to get the very severe diseases, it's really the children under age 1, under age 2, the younger kids that get the real severe infection. but the older kids are at risk to transmitting to their classmates or siblings or cousins or other people in the community. >> reporter: san francisco general hospital officials say they are seeing five times as many whooping cough cases as the same period last year. three days ago, doctors began vaccinating adults and labor and delivery department. >> it's been interesting to see how the parents react when we offer them vaccines at a pediatric visit. because they themselves were not expecting to get a shot. >> reporter: whopping cough is of particular concern because of his daughter's preexisting conditions. >> with joan, she is in special

ed and has some disability. so the doctors are very often been seeing her or doing things for her. several san francisco hospitals and the city's public health department are offering adults whopping cough vaccinations for free or at a discount. so for our seven children in the state of california have died of whopping cough within the last six months. reporting live in san francisco, david stevenson, ktvu news. today rose quet who's daughter suddenly died from meningitis shared her story with a classroom in sacramento. the 16-year-old died in 2000 hours after saying she didn't feel well. the california school nurses association recommends that all children between 11 and 18 years old get get vaccinated.

the superintendent calling it a heroic effort that's created a first and second grade wing across the street. they will house the students for the next three years. >> you can always hear about bad things on tv and the news and everywhere else in the word. to see something like this happen, this looks great. this is the kind of thing you need to see in the community more of. >> reporter: although investigators believe arsonists caused the fire, there's still an ongoing investigation. ahead. >> reporter: if the recession crashed your credit, one of the things you may want to consider is a secured credit card. i'm consumer editor tom vacar, the pros and cons still ahead. a little bit warmer today across most of the bay area,

outside right now looking out, the fog is coming. the a bay area employee fighting back against two robbers. and tonight police hope this surveillance video will help nab the suspects. [ horn honks, indistinct conversations nobody does pan pasta like your mom. [ male announcer red baron pan pasta and pan pizza. delicious pastas and hearty sauces full of meat and covered with cheese.

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the dow jones fell one point, the nasdaq was up eight. the recession has claimed the excellent credit rating of millions of the consumers who were swept away in the financial tsunami. one old tool is emerging has a new way for them to begin rebuilding. tom vacar joins us now live with details, tom. >> reporter: indeed it's called the secure credit card and just about anyone who can deposit a

few hundred dollars in the bank can get one. >> reporter: recently capital one a major bank started issuing secured credit cards, to get one, you deposit money in their bank. >> if someone wants to build their credit or want to be on the user credit card for a certain transactions, it's a good way to get a credit card. >> it still shows up as a line of credit on your credit bureau. >> i like to spin, and i don't like to come back and have sticker shock in terms of how much i spent. so by having a secure credit card, i know what my limits are and i can't go over those penalties. >> reporter: so paying has its rewards. >> a lot of these programs will increase a size of your credit line based on good behavior beyond your security deposit over time. >> reporter: folks we met here

tell us we need to do everything we have to do to get as many people into the system as possible. whether that's through secured cards, changing the credit card system, whatever it takes. >> credit scores don't mean that much anymore. >> i really feel that something more needs to be done from the top down to change things for everybody. because i think until that happens, the economy will just sit. >> reporter: now for a list of the secured credit cards that are available, go to our website ktvu.com, click on web links. it'll show you who issued secured credit cards and what their terms are. i'm consumer editor tom vacar, ktvu channel 2 news. today nummi demonstrated new clipper gates. the new gates along with service are being tested at the busy bay area center. >> the fact that we can all get around with the same card, is a

wonderful thing. >> $11 million in stimulus funding helps speed the improvements, translink cards will grow. munni riders will have to get a clipper card to buy their monthly pass. drivers at gas stations have a little good news: the average price of a gallon of unleaded is $2.75. nationwide that's down a few pennnys in recent days. but the bay area is bucking the trend. san francisco prices average $2.27 up three cents from a week ago. san jose is unchanged at $3.19. i think i'm just going to stop complaining about the weather and just roll with it. because it seems like we're never going to have a heat wave around here. >> not in the seven day forecast but we always look toward september and october. looks like we're going to count on that. at least we can always have

hope. low clouds and fog, if you like the new weather pattern you must be rejoicing. you can see the cloud bank closing in on the coast. also up toward daily city and parts of san francisco. at least the western part of the city. across the bay bridge now toward oakland we have clear skies. as far as the over all look, i'm looking out toward the bay today. we're looking up to san francisco, you can see the cloud deck on the increase. the weather story is this coming up for a short term. you can pretty much guess it with more fog expected overnight. a little bit cooler as we head into your tuesday. the extended forecast, we're talking about more cooling as we head into the weekend. tomorrow temperatures ranging from low 60s coast side. the inland spots approaching the low to mid-80s around 85, 86 degrees. this weather system, this is west of cape mendecino over the

next 24 house. 2 4 hours. the main impact for us. and then once the system departs by wednesday, we're going to warm things up a little bit. but these are all just minor changes. this area of low pressure out in the pacific, it will increase the fire danger across parts of the state. primarily just up to our north and also to our east. and as a result a red flag warning posted with the possibility of some dry thunderstorms and also some gusty winds. here's our forecast for tomorrow morning, areas of fog targeting the coast and the bay. and possibly drizzle out there. into the afternoon hours, more sunshine still some patchy coastal fog and the eventual coastal range. temperatures inland around 85 and san jose in the mid-70s. here is a look ahead, these are all just minor changes and then by friday into saturday, the cooling will continue. so there you have it. if you're not a big fan of that

forecast, you can write me letters. >> frank sent a picture from seattle, it was clear and 90 degrees. >> that would be nice. you can take a little bit of a drive and have the same deal. >> thanks, mark. the governor's plan to build a new death row is facing stiff opposition. several lawmakers are criticizing the $65 million project. they say it's a waste of taxpayer money at a time when the state faces a $19 billion budget deficit. the governor's budget office says the money would be borrowed and repaid by selling bonds. >> this is not going to be any kind of a hit to the general fund. it is a short term cash loan flow that will be repaid as early as the spring of 2011. >> san quentin is the only place in california where execution can be performed. in the surveillance video you can see the suspects

entering a store and pulling a gun and then running away as a worker opens fire. you can see the employee with the gun in his hand. the robbery happened on friday around 3:00 in the afternoon. at a metro pcs store on north texas avenue. police say they don't know if either of the suspects was wounded, no arrests have been made in the case. coming up, a rare sight in northern california, zebras running lose on running loose on the streets. we'll have the story next.

president said a sacramento suburb couldn't -- residents in a sacramento suburb couldn't believe their eyes when they saw zebras running. one was taken out of a swimming pool, the other was hit by a car during the escapade but was not seriously injure. both zebras are now safe tonight on a ranch. from black and white to red and gold. some personnel changes to the

niners. >> some additions and subtstractions. bryan westbrook spent his first eight seasons with philadelphia, this guy was one of the most versatile play -rs in the nfl. bryan turns 21 last month he plays just eight games last season because of concussion related injuries. if he's healthy, bryan westbrook can be a great back up. >> i think in this point of my career the wise thing to do is that has a guy that can share the role. i've completely carried the load for a long time in philly. i think at this point in my career, it's the best thing for me to go to a place that definitely has a winning tradition but also has a guy that can share the load as well. >> giants are off today and play in philadelphia tomorrow. tim lincicum is replaying yesterday's game against san

diego. the two time defending sy young winner gave up five runs. and has lost three consecutive starts for the year. >> you start focusing on the wrong things or maybe the negatives and not the positives as much. you start to manifest and build up on each other. but, i can't keep searching, i just have to go out there and pitch. >> giants are 3.5 back of san diego. a's and blue jay highlights tonight at 10:00. >> see you then, thank you, fred. one professor is already embroiled in controversy. coming up on bay area news at 7:00 on tv 36, activisted staged a noisy protest against

john yu. he provided the bush administration information on water borging methods. that is it for tonight. i'm maureen naylor. >> and i'm ken wayne. thank you for joining us. >> good night. 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.