an early morning fire destroys a huge vacant building in walnut creek. we'll tell you what the fire investigators are say. good morning. traffic is getting busy in some areas. we'll let you know where opinion wind and rain is giving way to calmer conditions but are we done yet? what happened to an infant in oakland and why police have launched an investigation. the morning news continues. good morning. thank you for joining us on monday december 6th i'm pam

cook. >> and i'm dave clark. let's check your weather and traffic. here is steve. >> we do have mostly cloudy skies. light rain is winding down. there is not too much left. there is a mix of snow and rain up toward the sierra nevada but for us there is a little bit of rain. up to a few areas. stretching again from vallejo back over to the east bay and over to livermore and fremont. a little bit in the south bay. here is sal. steve, right now traffic is moving a long okay if you are driving on interstate 880. it is getting more crowded a long richmond. and if you are driving to the freeway at any point it will be a little bit wet but so far it looks okay. an early morning fire in walnut creek is being called suspicious. this started before 1:30 this morning on a building at oak grove road. claudine wong is out there with

the very latest. good morning. >> yes. i wanted you to take a look at damage behind me. this building is a mess. this fire burnt hot and a very long time. the fencing crew is on its way. we could be weeks away from knowing how the fire started and it's possible we may never know. the damage is that significant from this fire that burned so hot. firefighters couldn't get in to fight it. take a look at the pictures of the flames shooting in the air. the fire was first spotted after 1:00 this morning by a security guard that works at a nearby safeway that is a couple hundred yards away if that tells you how big this fire got. by the time firefighters got here they say the fire could have been burning for quite awhile. in fact, there should have been nothing inside at all. the fire investigator told me the building was a restaurant 25 years ago but it was shut down and the building that is 10,000 to 12,000 square feet

has been vacant ever since. the current owner bought it ten years ago and left it empty. >> it hasn't been use for 25 years. >> that makes it a little bit of a mystery. >> that is correct. walnut creek has had issues with transepts and people inside the building. >> reporter: so certainly this could be a case of someone trying to get out of the rain and starting a warming fire. we just don't know. and this investigate does come with hazards. the fire investigator says he is going to wait for first light to get in. you can understand why he is worried about the fear of collapse. he is not going to go any further in than he can safely and that might not be very far at all because of the extensive damage to this property. so at this point, the fencing crew is on the way to security the building. we'll see what the fire

investigator finds out when he goes in. live here in walnut creek claudine wong ktvu channel 2 news. we just received new information on an overnight crash that sent a bart police officer and a suspected car thief to the hospital. it happened at about midnight. investigators say the driver ran a red light and smashed into the bart police patrol car. the driver a parolee was seriously injured. investigators say the same driver intentionally rammed a sheriffs deputies car just before this crash. jade hernandez will have an update on this story coming up at 6:30. she will tell us what authorities found inside that suspects car. 6:04. the battle over same sex marriage reaches a historic level this morning. a federal appeals court is hear agilely challenge to proposition 8. kraig debro is joining us live on more on

today's arguments. good morning. >> reporter: people out here early in the morning. one is from reno another from philadelphia. they are both here to witness history could be in the making. these are the steps of the ninth circuit court of appeals. there is a number of people up there. if they are not the poster couple for this issue, they have been among the most available. if it is ejected, opponents of the ban say it will be another important step toward equality. >> america is not discriminating against a group of people. we are not asking for special rights. we are asking for equal rights. >> i'm not gay but i have a lot of gay friends. i think it's wrong we don't a low them to be married. >> reporter: both of them arrived here before 5:00 this morning. ranoso driven from reno driving all night through a blizzard. they say they want to be hear

to witness oral arguments in the legal appeal of prop 8 provisions. prop 8 opponents stood in the rain to rally for their position. california voters approved proposition 8 banning same sex marriage. opponents challenged the ban but the following year the supreme court upheld the vote. now it's prop 8 proponents who are doing the appealing at the ninth u.s. circuit court of appeals. >> the republican party not only values the right of voters to speak directly on a subject like this, but they believe marriage should be between a man and woman. >> reporter: three judge panel will hear two arguments starting at 8:00 a.m.. the case is perry verses schwarzenegger. the state is not appealing this case. instead southern california is appealing the case. the second hour will -- coming up i just learned from one of the parties that issue of

standing could trip up the appellants before it's heard this morning. i will explore whether the issues of damages could derail the appeal. that issue is whether they have been hurt or will be hurt by gay marriage. that could be a very important issue in this early morning argument. reporting live in kraig debro ktvu channel 2 news. >> we will have a live streaming broadcast of today's hearing. you can also hear more by clicking on the prop 8 trial tab. a homicide investigation in oakland after a death of a four- month-old baby. police were called to a home on sixth avenue yesterday shortly after 1:00 a.m.. the baby was rushed to children's hospital but later pronounced dead. we have very few details about this case right now. there are reports the baby had been suffocated. later today police in

hercules hope to conduct their first interview with a nine- year-old girl who was a victim of a terrible crime. she was shot and critically injured friday night after answering a knock on her door. police are still searching for the gunman but say they don't believe the girl was the intended target. vallejo police are investigating two separate murders that happened within hours of each other. a man was shot and killed around 11:40 on pennsylvania street. two hours later another man was stabbed to death on lewis brown road. police have identified the man that was shot and killed in the first incident as 25-year-old anthony costello. a second man was wounded during that shooting. he was take ton the hospital and had -- he was taken to the hospital and had surgery. the murder happened outside the parkway liquor store. aaron rudolph was stabbed to death following an argument.

so far no arrests have been made in either case. 6:08 is the time right now. let's go back to sal. how is the traffic? >> things are doing okay out there for the most part. the wet weather for example it's not raining right now so it's not that bad. let's take a look at what we have. this is highway 4. we are getting slow traffic right through antioch which is typical. we don't have any crashes reported along the way. moving a long and taking a look at westbound bay bridge that traffic is moving a long okay. there are no major problems. if you are driving on the peninsula that traffic looks pretty good on 101. a couple of minor fender benders out there. people running off the road. nothing major right now. let's go to steve. thank you. some of the rain totals coming in. livermore in the last hour. 6:00 a.m. observation. most of it looks to be heading out of the area.

still light showers. looks like concord and clayton. wind ramped up within we had wind advisories. still gusts of 50 in the higher elevations. 40 and 50. mt. diablo had gusts of 50. partly sunny and cloudy with decreasing rain. observer kent up in boulder creature an inch and a half. lexington inch and a half. st. mary's .194. after that it drops off. fremont both picked up-- fremont picked up .36. light rain and sun and clouds. a little breezy but completely different pattern than what we had a week ago. now it's on the mild side. 57 san francisco.

oakland and berkeley the coolest. 36 up in tahoe. now there is snow but it's a mix for some. that snow level has gone way up. 50s. about one to two inches of rain to mendocino county. 40s and 50s and plenty more on the way at least for areas north. the system this is a whopper of a system right here. the cold air is staying in place but it will send in a lot of clouds starting tomorrow and give us more rain on wednesday. these are warmer systems though. the rain and wind has moved off. sun clouds and breezy today. unless you are traveling up to the mountains then you will have to deal with rain and snow. sun and clouds. breezy to windy. highs in the 60s now for many. and a few upper 50s but a lot of 60s. we will see mostly cloudy skies tuesday. showers thursday and decreasing friday there are signs the weekend looks good. >> thank you.

6:11. very unusual budget meeting today in sacramento. what lawmakers counted on but did not come through. and congress fights over the phase of the bush era tax cuts i will show you what is the stake for your bottom line.

♪ one taste, and you'll understand. delicious dunkin' donuts coffee. pick some up where you buy groceries. mm! america runs on dunkin'.

welcome back. 6:14. lawmakers in sacramento will meet in a very special session called by the governor to deal

with the state's budget deficit. now the budget that was signed in october is already $6 billion short. the experts say that's because it was based on overly financial optimistic financial projections. the -- governor elect jerry brown plans to meet with lawmakers on wednesday about that bucket. time is running out for congress about the bush era tax cuts. alison burns reports from our washington, d.c. newsroom that there is talk that a deal could be in the works this week. good morning, alison. >> reporter: good morning to you, pam. democrats force votes over the weekend to increase taxes on the wealthiest americans but republicans blocked both measures. they say taxes should stay the same now for everyones. democrats are indicating they might go a long with keeping the current tax rates if

republicans agree to extend unemployment benefits that started expiring this month. >> if we can get unemployment for workers that have been out of work for weeks and years even. if we can help provide incentives that will create jobs and move our economy forward, than i will bite the bullet and say we have to go forward for a certain period of time. >> reporter: now here is what happens if congress does nothing and the tax cuts expire at the end of this month. according to the tax policy center calculator, a single person that makes $20,000 a year pays $569 in taxes now. but will pay $1388 if those bush era tax cuts expire. for now we are live in washington, d.c. alison burns ktvu channel 2 news. federal reserve chairman ben bernanke says it could be four or five years before the

unemployment rate is back to a normal level of 4-6%. the level right now is 9%. in a television interview over the weekend bernanke says the program is designed to keep interest rates low and promote job growth. . >> a former nato commander is ating his voice to the don't ask don't tell policy. wesley clark says the troops just want to do their job without worrying about sexual orientation. >> when americans are in combat together they pull together on a task they work together based on a common culture of being american and a common commitment to the unit. >> now still not clear if congress will vote on repealing the don't ask don't tell policy before they adjourn for the year. the founder of wikileaks says even if he is arrested or website shut down he will still

be able to trigger the release of more sensitive documents. he says he has distributed incrypted files to wikileak supporters. all he has to do is release the password to that material and they will post it. since amazon.com stopped hosted the wikileaks website it's now being hosted out of switzerland. it is the first time in more than a year that the group has met. just a head of the meeting iran announced it had taken a major step forward in the nuclear fuel process reducing -- producing what it calls yellow cake if a vital component in enriched you are rain yum-- you uranium. >> iran says its nuclear

program is for peaceful purposes but u.s. government experts say the mine involve could not be yielding enough of the substance for a nuclear fuel program but might be enough to produce a bomb. sal is wondering i know our roads are wet how is highway 24? >> it's okay. remember on friday we had a terrible commute there especially late in the morning with the wet weather. today it seems okay. it is crowded driving up to the oakland side. no major problems. i know if you drive this way, you have a bad taste in your mouth from what happened on friday. right now it's not all that bad so far. this is a look at the commute at the toll plaza. they have switched metering lights on. no problems on 80. a couple of accidents east 80 and west 80 right now highway four leads me to believe it might be a little bit slippery. marin county that commute has not been quite woken up yet.

6:19 let's go to steve. all right sal thank you very much. we still have decent totals starting to come in. i'm putting the graphics together here. bewe have a little bit -- we have a little bit of light rain. pretty good gusts in the higher elevations. partly to mostly cloudy from our wrapped up system that went flying through. the next system the leading edge is already beginning to get higher clouds close. that will give us more clouds tuesday night into wednesday. mostly cloudy breezy. some of the wind gusts mt. diablo 50. big rock 41 miles an hour. black diamond the reason i put that on there it's on the east side of mt. diablo but i was standing there i know where it is. back to the old diamond minds. oakland hills 29 miles an hour. and crystal springs 28 miles an

hour. at the surface i'm seeing 10-15 not so bad. one system moves out and the next one gets closer. rain totals some higher elevations had an inch and a half. crocket and napa two-thirds. redwood city and san francisco all .41. so some morning rain especially toward the east bay and then sun and clouds. look at the temps in the 50s. so some morning rain then partly cloudily partly sunny but mild and breezy. not so cold with 60s on the temps. that is your rain wednesday, showers thursday. improving weather friday. thank you, steve. googles new notebook debuts tomorrow. this is googles answer to apples ipad. google believes the tablet will catch on because it will operate big programs.

but only 65,000 of the chrome notebooks will be released at first and that is raising concerns about its readiness for the market. tonight the san rafael city council is expected to vote on a target store that has produced heated battles. it will be built near the home depot. some people many people are worried about traffic problems on neighboring streets and effect on smaller local businesses. supporters say the store would bring 250 jobs and $675,000 in sales tax to the city. we talked about this before but the sea lion goes on another incredible journey and the concern is grow for this sea lions health. plus the latest on an antioch couple who's son was shot and killed inside their home. what could happen today. good morning if you are driving in san francisco northbound 101 traffic looks pretty good. we'll tell you about the

morning commute straight ahead.

right now bay area bridges looking pretty good expect expect for the bay bridge. you have a little bit of a backup there. it will be windy and wet for this mornings commute. steve will and i will be back

with another report. thank you, sal. just in the last half hour there have been two smallet quakes in sonoma county. the first happened at 6:00. five minutes later there was a smaller 2.4 magnitude trimmer. no word of any injuries or damage from either quake. today the contra costa county district office will consider filing charges iowans an antioch coupler who's -- charges against an antioch couple who's son was shot in their house. police say the mother recently bought that gun. the father took the it of a safe, loaded it, and put it in a drawer. this morning wayward sea lion remains under close watch at the marine mammal center. over the weekend the sea lion

wound her way up the delta. she wondered more than a mile before winding up on a school campus opinion the sea lion became a big star in the small community. >> it's cool. >> we have a new mascot. >> the marine mammal center has already rescued her twice this year in santa cruz county. she had been eating toxic algae which can cause brain damage. 6:27 she was missing for days her family was worried sick but authorities now say there is a new twist in a story of a 12-year-old oakland girl that turned up over the weekend. a high speed pursuit of a stolen car yields more than a parolee. also we'll be live from wall street. pam will bring you all of the early morning stock numbers.

i'm bob kearn, president of coit cleaning services. these pictures are the history of my family and they're also the history of coit. we've been in business for 60 years and our greatest asset has always been our people. we use the plum card from american express open to purchase everything we can and with the savings from the early pay discount, we were able to invest back into our business by hiring more great people like ruben here. how can the plum card's trade terms get your business booming? booming is a new employee named ruben.

welcome back to the morning news. they are getting ready to ring that opening bell this morning in new york. over there on the nasdaq delegation from televeez. they are visiting and ringing the bell. they are beginning a big bio med conference there in new york. there is the opening bell live this morning. it does look like a lower opening over the economic concerns we've been talking about ben ben than key's comment over the weekend. we'll get the opening numbers for you in a moment. >> we'll go ahead and say good morning to you. thank you for joining us monday december 6th i'm dave clark. >> good morning i'm pam cook. time now is 6:30. we have new information on an overnight crash that sent a bart police officer and

suspected car thief to the hospital. it happened at midnight on bee street and grand. jade hernandez has been talking to investigators. what did they tell you? >> reporter: they told me they discovered a pellet gun inside of the car and the pursuit ended here attaboy and grand. the pursuit lasted four minutes total. within the short amount of time the suspected car thief suffered a serious head injury putting him in the icu. take a look at this video. alameda county sheriffs deputies tried to pull over the driver of a '94 civic after identifying the civic as stolen. he put his car in reveres and smashed into the deputies car. luckily the deputies had already gotten out of the squad car in time of the impact. they drove down to bee street running a red light striking a

bart police car. they spun out of control and hit a pole. the bart police officer not involved in the chase suffered a concussion. >> the whole incident from start to finished lasted four minutes. so it's very short. he gets to bee and grand he goes through a red light and collides with a bart police officers. who just happened to be coming through. >> reporter: the suspect thief is identified as 24-year-old davis. sergeant jd nelson told us an hour ago that davis sped off at speeds hitting 60 miles an hour in city streets. the 23-year-old involved is in the icu at the hospital. reporting live from hayward jade hernandez ktvu channel 2 news. a new report about the

challenges forcing the oakland police department after it operating with a dwindling police report. 63% are left uncovered for the average day. there are only five officers to handle all investigations ranging from car thefts to burglaries. the opd is expected to lose even more officers to retirement and other police departments. if voter approved parcel tax keeps dozens of officers off of street patrols. the battle of same sex marriage reaches thousands of levels. the panel will hear two arguments starting at 10:00 a.m.. they will argue if they have legal standing to appeal. the panel will then hear arguments on the constitutionality of prop 8. >> that's really what this case is all about to take

discrimination out of our constitution, to take proposition 8 off the books and restore full equality. >> they value the right of voters to speak directly on a subject like this, but they believe marriage should be between a man and woman. >> whatever the outcome both sides expect the battle to reach all the way to the supreme court. our channel 2 website ktvu.com will have a live streaming broadcast of the today's hearing. you can find a hearing of the proposition 8 case by clicking on the prop 8 tab. we have an update on a 12- year-old oakland girl that showed up at a children's hospital. she took a bus to a san leandro home and she was sexually assaulted by two adult men. we talked with alameda sheriffs they told us there was a lot of inconsistencies in her story.

the girl admitted to making up the story and that it looks like she was at someone's house the hold time. 6:34 the registered sex offender is accused of sexually awe salting a two-year-old girl inside a union city jail. he is being held out bail after being charged with several felony sex crimes. ramose sexual assaulted the little girl while her grandmother and aunt were shopping in the next aisle. also later today three people are expected to find out their punishment for torturing a tracy teenager. today's sentencing comes two years after ramirez escaped from the home in tracy wearing only boxer shorts and a chain shackled to his ankle. he was badly bruised and had cigarette burns on his body. parking for free at a broken parking meter could

become a bit more complicated in san francisco. that's because the city is considering limiting the amount of time cars can park at a broken meeter to one hour. roughly 300 to 500 meters are broken on any given day and can amount to a $65 ticket if you are in the spot longer than two hours. time now 6:35 let's see what sal is seeing in our commute. how is it going? >> it's a little bit -- it's not a great commute because of the great weather a little windy out there. let's go to highway four. we are seeing slow traffic in bay point. it was slow in antioch but now in bay point it's slow. you can tell it will be a wet commute. if you leaf the house ten minutes early today maybe 15 then you will be okay. you will be able to be little bit more careful. some people not you of course but the other guy he drives like an idiot in the rain. you will watch out for that okay. let's move a long and take a look at the westbound bay

bridge. that traffic is backed up for a 10-15 minute delay. winds on the bridge are still up there. a wind advisory issued just after midnight this morning hasn't been lifted. we actually do have video i think we have it there showing some of the signs on the bridge. very windy overnight. it seems to have died down a little bit but again the authorities are still warning you to be a little built more careful with the winds on the bridge. we will let you know when and if they lift that. let's bring in steve. thank you. we still have higher gusts in some of the 1500 feet. 1,000 feet up. at the surface everything i see is less than 15 miles an hour. not as strong but there is still areas that is 30-50. the system that came by was a whopper of a system. it was not that big of a system rainfall rise. it was a quarter of an inch to inch and a half.

rain ends and breezy. some of the rain totals here. lexington almost an inch of rain. there were higher totals up in santa cruz mountains. st. mary's college .95. fremont also along with millepedous 16. diablo has gust of 50 miles an hour. ack diamond around 1500 feet. oakland hills 29 miles an hour. and crystal springs reservoir has had gusts of 28 miles an hour. there goes the one system. the next system the leading edge of the clouds is getting closer. things will calm down rain wise. we'll have a partly sunny and breezy day. so morning rain most of that is over with. still light rain though sun and clouds and very mild. instead of a cold pattern from november carrying into november we are in a mild category.

so the temperatures were very cold last week. not the case this week. 30s up in the mountains. the snow level has gone up. still you get up and get pretty good snow here. 50s for many but some 40s. plenty of cold out to the west. that system will take aim toward the north bay. rain and wind from last night is calming down. one system moves out and we will have a mix bag today. some clouds. still a little breezy. temperatures not cold. they are on the mild side. these are coming across from the west instead of coming down to the north. morning rain. breezy to windy. highs until the 60s for many. few low 60s. san francisco sitting at 67. some clouds breezy and turning cloudy on tuesday. rain mix tuesday night into wednesday. showers thursday. looks better by friday. >> thank you. inside the mind of the woman accused of kidnapping jc dugard with her husband. what new jailhouse letters reveal and if they can impact

her case. we're live in walnut creek where a fire devastated a building here. we'll tell you what the fire investigators say about a possible cause and what we are learning about the owner.

good morning. welcome back. here's a look at some of the top stories we are following.

there is a homicide investigation into the death of a four-month-old baby. that baby was rushed to children's hospital yesterday morning but the child did not survive. police say it appears the baby may have been suffocated. today governor schwarzenegger will give us details of state budget cuts. they have called lawmakers into a special session dealing with a $6 billion budget deficit. the white house and congress are working on a compromise to extend the bush era tax cuts. democrats will go a long to extending the tax cuts to all americans if republicans also agree to extend the expiring unemployment benefits. an early morning fire at walnut creek is being called suspicious. claudine wong is out in walnut creek this morning with the story. good morning. >> reporter: good morning. take a look at what is left of

this building behind me. there is not much of it. i talked to the fire investigator. he said this building is a total loss. if you take look at the fire fight this will be the video of the roof collapsing and the best indication of why firefighters never made entry in. the fire burned too hot and too long before it was spotted by a security guard that works at a nearby safeway. that safeway is a couple hundred yards away that tells you the size of these flames. there are no alarms in the building to alert anybody there was anything bushing inside. in fact, there should have been nothing inside at all. all the utilities were shut off. this building was a restaurant 25 years ago but it was shut down then and the building which is 10-12,000 square feet has been vacant ever since. the current owner bought it ten years ago but left it empty. >> we're looking at every

possibility now. the fact there was no utilities it rules out the fact there could have been an electrical fire. there was no natural gas so it couldn't have been the fault of a failure of natural gas. but with the traffic of getting in and out of here someone could have had a warming fire inside. >> reporter: the fire investigators say walnut creek police told him they have had a problem with tran sejeants coming in. the owner is not going to benefit any way in this fire. that's what investigators always look into. in this case everything will be out of pocket for the owner. he had no insurance and not only will be responsible for the cleanup but also for securing the scene because of safety concerns. the owner has already hired a fencing company. and we expect the fencing company to arrive in the next couple of hours. after the fire investigator we saw him taking a look at the perimeter of the building.

walking around to make sure it was secure. they don't want anyone going near this. he is not going to go until we get a little bit more daylight. a hiker rescued after being stranded for a week in the santa cruz mountains is expected to be released from the hospital today. authorities say debra collins slipped and fell into a reeving. she went hiking on november 28th and reported missing two days later. this is video of her rescue on saturday. a man and a seven-year-old son heard she was missing and they went out to try to find her. >> i wouldn't mind going for a hike. why don't we go and look in an area she might be. we might get lucky. >> the man found collins off a remote trail in fall creek state park. she was suffering from hypothermia and unable to walk because of an ankle injury. she had no food during her

ordeal but was able to get water by a nearby creek. new information by a woman charged with holding jc dugard captive. the sacramento tv obtained jailhouse letters. she mentions her husband phillip garrido in those letters and writing i'm quoting if phil and i had the living god in our life 18 years ago we wouldn't be in this mess. they are charged with kidnapping jc dugard in 1991. california bars and restaurants may soon be able to infuse some of the alcohol they have. they are only allowed to mix individual drinks with fruits or vegetables as they are consumed. it's believed the bill being introduced by state senator mark leno will help some bars and restaurants generate more

business. sal is watching the south bay. how are they doing with the wet roads? >> they are okay, dave and pam we do have slow traffic in some areas. the road sensors are picking up slow traffic. oddly enough on 280 traffic. nothing major just yet. let's go to the bay bridge toll plaza i want to show you traffic is moving a long okay here at the toll plaza. as a matter of fact, we've had a decent commute but there are winds this morning at the toll -- on the bridge itself is what i'm trying to say. there are some winds on the bridge be careful if you are driving a small car it could blow you into the other lane. let's go to the sierra i want to show you here. this is 80 at king vail -- this is 80 at kingvale it is snowing. they do have chain

restrictions. this is a live picture. not great driving weather. no one is on the road. either it's closed i will check on that or you need chains or snow tires to drive through here and we will get to the bottom of it for now or soon. 6:48 let's go to steve. thank you. that snow is that sierra cement. much warmer conditions than compared to a week ago. now a lot of clouds. we are at san jose international. it looks like right there that looks like southwest flight 1522. one system it has opened up and moved out. there is still what we call up slope. you lift it up over the hills. you get rain and snow as sal showed you. for most of us the light rain is tapering off. a little bit in the east bay but a lot of cloud cover. we focus on the santa cruz area and mountains for this period.

sergio 1.62. lexington reservoir .95. and santa cruz .82. not too bad. decent totals san jose only picked up a quarter of an inch. santa rosa 1.39. san rafael 1.19. oakland .3. redwood city sfo and san francisco all .41. there is san jose and mountain view .24. it has been that way the entire rainy season. morning rain. some of it light. temperatures in the 60s and we're sitting in the mid 50s already. it wouldn't take much. just an hour or two for sun. it's a mild pattern compared to last month. and then 50s from redding all the way down to palm springs. that is a very deep low sitting

out there. system will spread in a lot of clouds already beginning to show up that will make for rain tuesday night and wednesday. again farther more rain. there could be rain tuesday but the main focus will be wednesday and thursday and improving on friday. thank you. a report from the north american airport council says the drop in airport travelers is hurting restaurants and gift sales. they fell 4% in 2009. in average last year travelers spent $4 on food and drinks and less than $3 at retail shops. many travelers don't buy anything now. checking in on the numbers. we'll have a live look at the big board. stocks down across the board this morning. european markets are down as well.

mostly on economic concerns and of course ben bernanke comments it could be four to five years before we see a normal unemployment rate of 5-6%. well a fairy tale princess knocked the young wizard out of the top box. tangle was number one over the weekend. overcoming the seventh installment of harry potter. it dropped to second with burlesque and unstoppable. >> have you signed off on tangle yet? >> we have not seen it. we are too busy. time now 6:52. it's a symbol of the castro district gay pride but dispute is growing whether the rainbow banners should remain.

6:54 let's go to tori to see what is coming up on mornings on 2. good morning. good morning. coming up in minutes a dramatic crash tonight where a bart police officer patrol car was hit by a driver of a stolen car in hayward. the same driver intentionally did just before the crash. it's a big day in the battle over same sex marriage. we will get a preview of the arguments that will be made before a federal appeals court in san francisco and how long it will be before a decision is finally made in this case. and big changes is

happening on facebook. what they are doing to your profile pages and what they are saying about the changes. now back to you in the morning news. >> thank you. a canadian choir recent performance is an internet hit. ♪ hallelujah ♪ hallelujah >> tell the truth you are singing a long with them. more that a hundred they performed one of the flash mob concerts right in the food court. one by one they joined in singing handles ma via. it has been viewed more than 4 million times since it was posted. in sacramento today democratic state lawmakers will have view a law child care.

55,000 children will be without child care by december 31st if the funding is not reinstated. the bill is expected to be taken up next month after the new governor jerry brown is sworn in. san francisco supervisor is pushing for my rules that will allow rainbow banners to remain in light posts in the castro district. they have been a symbol of gay pride. city rules only allow temporary banners. according to the examiner the new law would allow permanent banners a long market street and also provide more oversight and fines. tens of thousands of bay area transit riders could see their taxes go up. the chronicle reports because of last years stimulus bill boosted the amount they could take out of their paycheck. that benefit will shrink by about half without

congressional intervention. and it's believed the change could cost many commuters $500 a year in aa-- additional taxes. steve and sal will be here and tell you what you need to know. and we are getting new information about a serious overnight crash both bart police officer and a parolee were hurt. stay with us.