it is called a day of action. others call it a disruption for businesses. today's occupied protests are our top story. i'm torry campbell. there's already a day of action on this declared day of action at the courthouse. we have team coverage. terry will show us how some oakland merchants and residents are pushing back against

occupied protesters. first ali joins us live behind allth activity. >> reporter: behind me, there's a group of 100-150 people. this is the front steps of oakland city hall. members of the city hall are calling it a day of action. occupy marches and demonstrations. you could see there's 150 people gathered. some of them carrying signs. some of them are standing and waiting for the rally to begin. once the rally starts, there will be a march from here to the wylie manual courthouse on 7th ant washington. that's supposed to happen about an hour from now. that's where a smaller group of 50 occupied supporters gathered. this is for the arraignment of 11 protesters arrested in an occupied event on january 24. one of them was adam cats,

showed up. he says he was unlawfully arrested. >> i take one picture, a police officer comes, do you have a press pass? he says back up. then two cops rush at me starting backup. i back up the entire time. i'm backing up, tell me where to go. they throw me in the police car, and they arrest me. >> now catch showed us this video of his arrest. he was expecting the charges against him to be dropped. he said instead the alameda district attorney's office charged cats and other protesters as blocking the sidewalk on the january 4th event. obstruction of the thoroughfare is a low mid level crime. here's what the group had to say with the charges. >> i'm not surprised at all. this is a political struggle and political moment. we will have to fight in the streets and fight in court, if we have to. >> in response, a spokesperson

from the alameda county district attorney's office, people with occupied oakland who is charged with crimes the occupied oakland attorney says today, he will file a motion to dismiss the charges against cats and the other protesters. those sides will leave court later this morning. you could see they are getting ready. they are doing what is called a mic check. one person shouts and the other people respond to make sure everybody could hear. once they have the rally, they have some speakers. and another, from now. that will happen around 2:00 in the afternoon. live in oak l.a.p.d., ali rasmen, ktvu channel 2 news. and terry joins us to

explain what prompted this effort. >> there are bunch of people right in the steps and they are remaining very quiet. occupied protesters are, are sort ofeering at them. this group, it's part of the silent rally. they are residents and business owners say who they were victims of occupied movement. they say they -- and we spoke to one man who owns a clothing store downtown. he said his business is down 35- 45% since the occupied protest began. he says several merchants are not renewing their leases because shoppers have been scared by occupied protesters. he says the drop in business is not just a problem. it's become a crisis. >> they seem to have all their rights and we have nothing. and here we are struggling.

just to keep my doors open and the city says oh, well. >> tally says business owners had to absorb all the counts of boarding their windows. they are stuck with the cleanup and the cost to restore glass and insurance rates. they had high hopes for oakland when new trendy restaurants and bars popped up but it's simply not enough. they say the people are going to stand for oakland in the name of their group. no word on what the occupiers exactly think of them. you could see, there's a little bit of a confrontation between one man and a knit cap and some of the occupied protesters. even though the group says it will remain silent, there could be some flare-ups and we will continue to monitor the situation throughout the afternoon. ktvu channel 2 news. >> stay with ktvu.com for continuing coverage throughout the day in the latest occupied

oakland demonstration. we stream the ktvu newscasts live on-line. it's all at ktvu.com. and a long-awaited decision on the legality of california's ban on same-sex marriage is expected tomorrow. an appeals court is reviewing a federal judge's ruling that struck down the ban known as proposition 8. the court is expected to rule on the constitutionality and answer an argument that the 2010 decision should be set aside because the judge that made it didn't disclose he was in a long-term same sex relationship at the time of the trial. the ninth circuit court of appeals announced its ruling at 10:00 tomorrow morning. a oakland building is closed off after part of the exterior crumbled to the ground below. bricks fell from the facade of the liquor store just after 6:00 a.m. city engineers says the building is around 70-year-old

and the mortar holding its bricks is brittle. firefighters tried to remove a few of the loose bricks but others started to fall. the damage surprised the building's manager. >> i'm surprised what happened. never happened before like that. i hope nobody gets hurt. >> at the time, 6:15, we're lucky that there wasn't anybody out there. if there was a lot of foot traffic, going into the store, business hours, anything like slamming the door to the store could have made a sale. >> and the city is, is cordoning it off until the city could repair following the facade. the next rainstorm of the season is heading our way. high clouds are rolled into the bay area. the rain is expected to start falling late tonight, continuing into tomorrow morning. snow is also expected to fall in the sierra. rosemary will have your

complete forecast in about 12 minutes to tell you when rain will start falling in your neighborhood. oakland, a tree came down blocking a roadway and slowing traffic in the city's montclair district. the crews were busy this morning clearing an intersection of colton and hem lock. last check, crews were working to repair the fallen tree limbs out of the road. police in oakland are investigating several shootings during a violent weekend. it includes a fatal shooting at 8 fifth avenue and international boulevard around 1:30 this morning. police have detained a person of interest but it is still unclear what led up to the killing. oakland police are still looking for suspects in a drive- by shooting. six young people were wounded on adilin on 13th street west oakland. investigators placed nearly 50 evidence markers outside the home where the shooting took place. the police tell ktvu that five young men and one young woman were wounded. all six victims are expected to

survive. and in all, there were ten shootings in one 24 hour period in oakland. san jose police are investigating that city's third homicide of the year. police found a victim lying in a parking lot of an apartment complex just after 10:00 last night in the 4300 block of blackford avenue. the 21-year-old man was shot at least once much he was rushed to valley medical center where he later died. police have no suspects or motives but say the shooting was not random. police in santa rosa are investigating a homicide. officers were called to a shooting in an apartment on clark, street near e street just before 2:00 yesterday afternoon. 61-year-old, carol marie brooks was found with a gunshot wound. she later died at the hospital. witnesses say they saw a man driving in a silver car. no arrests have been made. more questions are being asked as officials continue to comb through charred debris of a washington home where a man

killed himself and his two young children in an explosion. it happened yesterday near seattle in the city of graham. a caseworker had just dropped off the 5- and 7-year-old boys for a supervised visit with their father. powell took the boys in the house and blocked her from entering. she says she smelled gasoline and was calling her supervisor from her car. the house exploded. >> final answer, josh powell, who murdered his kids. he's gone. so we may never have a reason. >> powell is a person of interest and in his wife's 2009 des persons and lost custody of his children to her parents. crews in the fruit vale district. this is the scene on 39th avenue. shortly after midnight, a small river of water gushed to the streets after the water main

burst. the water didn't damage any homes. crews were out in the early morning fixing the water main and cleaning up the mess. a closely watched project near the golden gate bridge has hit a snag. hear the problem just ahead. it's clouding your neighborhood. rosemary will tell you if the storm rolling this way will stay together or split apart. >> -- it may keep you mentally. a san jose man opens up on a brutal attack he suffered from a grocery store parking lot.

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. white house found out president obama issued a tough order. he took the action in light of what he called deceptive practices on iran's bank. it comes in the midst of rising tensions on iran's nuclear program. >> syria is tpg its bloody crackdown on anti-government protest. new video shows syrian troops shelling neighborhoods in the city of hans.

one human rights groups says at least 17 people were killed. the syrian government is denying any shelling was taking place. also today, the state department says it's closing the u.s. embassy in syria and evacuating all the 200 diplomats. the presidio parkway doyle drive project near the golden gate bridge is short $60 million to proceed with phase two. the transportation authority says it needs to come up with the money in months to continue with the project. construction crews were working on the first phase of the new 1.6-mile presidio parkway since the end of 20009. they expect to be done within weeks. the second phase is expected to be completed in 2015 and that's only if financing comes through. new at noon, san jose police wrapped a news

conference to update the investigation on the brutal beating of an eastern indian man which police are treating as a hate crime. 32-year-old atoll lull was attacked in a parking lot in the lucky's grocery store on october 31st. three men approached, spit on him, punched him. one man even hit him with a tequila bottle. he also lost six teeth and broke his jaw. the attack was unprovoked and they are asking for the public's help to track those responsible. >> we have to get the message out. hate crimes are pullable. >> we need to get the, the people like this off the streets. >> the police have release add sketch of one of the attackers. investigators are asking for witnesses to come forward. and also new at noon, a local high-tech company has signed a long-term lease extension for the world headquarters in san francisco.

leanne nounced this morning, that river bed technology is moving and expanding. the it performance solution company is entering into a new ten year lease at south of market 650th street. the new facility is around 65,000 square feet larger. the expansion the mayor says will allow to hire more workers. >> this particular, that they signed a lease for has a total of 68,000 square feet that will allow river bed to grow and add an additional 650 jobs on top of their 500. >> river bed has been in for five years and currently as 305 employees. they will decide to move forward with a new fee to help

clean storm water runoff. it will cost. it will help pay for programs to meet state imposed requirement ares like eliminating trash from storm drains in the next decade. county deputies would vote on the fee. if the majority of the 350,000 owners agree, it will pass. they will ask council members to lift alcohol service restricts. like in december, the city planners solution, closing time from 12:30 a.m. to 11:30 p.m. the commission says the lounge committed numerous violations. restrictions in the luge -- lounge in the heels of several drunken brawls. classes resumed in a san francisco high school where hundreds of students suddenly became sick. more than 300 students at

sannic gnashious went home after coming down with a stomach flu. experts say the illness is probably the highly contagious norovirus. custodians were busy disinfecting the school. outside the doors this afternoon, we're mostly cloudy, mainly calm. that will change. we're looking at big changes by tonight giving you a view from san rafael to the city this morning. low 50s as we move through the noontime hour in san rafael. so wet and windy conditions expected by tonight. they say the -- could have it colt to morning drive on fuse. giving you a look at the numbers, northeasterly breeze. between 5-10 miles an hour in most areas around the bay. 54-10 in rose sa.

mid to upper 50s in the bay area. san francisco, oakland, rivermore. and the mostly cloudy skies will be ahead of the rain that will begin as early as this evening and lasts through tuesday. even picking up a few returns. these are associated with the leading edge of the system. most of it back here. it looks like while we sleep the brunt of the storm will move through. and for some of us, with the heaviest rain will come some howling winds. forecast mostly gray at this hour. by the evening, it looks like 8:00 or so. look at the yellows passing through in the overnight hours. wind gusts are expected to pick up in the coast as well as coastal hills. if it moves fast, as fast as it's showing on the forecasted model, we will be scattered showers for the morning. we can be with some downed power lines. it could be a messy drive. limbs and things like that, a

few power outages. scattered forecast through noon as well as the afternoon. with that, wind advisory starting at 10:00, lasting through 10:00 tomorrow morning for the coast as well as the coastal hills. to sum it up, scattered showers will remain with the heaviest rain coming late tonight to the overnight hours perhaps for the morning drive. 65 in ner vato. and looking at 66 for san jose. 68 for mortgage. and we're wet and we're cold and windy late tonight to tomorrow morning. the winds will begin to die out and we're drying out, wednesday, thursday, friday. and partly temperatures in the 60s. and it's a wild finish for

super bowl xlvi. it wasn't decided until the final second. >> tom brady's hail mary pass was five seconds on the clock. it couldn't find his way to the hands of the end zone. new england patriots fell to the new york giants. eli manning led a touchdown in the final minutes of the game. manning was named super bowl mvp. super bowl xlvi fell short to be the most watched of tv history but by a small margin. early neilsen ratings, 47.8% watched last night's game. that's just shy of last year's record, which remains the record. there's plenty finger- pointing involving a super bowl half time show. it was over a middle finger gesture. british singer mia flipped the

bird, with madonna's single, give me your love last night. and the nfl blamed nbc for not being able to be quick enough. think gas prices are high now? why experts say they can soon seem like a bargain? 'ñ cn

. stocks edging lower, as stocks dragged on between greek political leaders, required for the country to get more bailout loans. taking a live look at the big board, dow down 30. nasdaq is down 7. s&p is down 2. gas prices have jumped nearly 20-cents a gallon in the last month. san francisco drivers are now paying an average of $3.82 a gallon but oil industry analyst warn that could sound like a real bargain before summer. the experts warn renewed tension in the mid east could jack up prices another 60-cent a gallon. that will push the average $4.40. that's 20-cents lower than the all-time high back in june 2008. we are tracking a story we first told you about in the newscast. same-sex marriage debate. we learned in the past hour, the ruling will be tomorrow,

problem position 8. thank you for trusting ktvu channel 2 news. we will see you next time the news breaks. also, we are here always for you on ktvu.com and mobile ktvu.com. thanks for watching. have a great day. ♪

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