what sparked the beating and how young the victim is. no ♪ ♪ god --3 a local man taaes his fight against tte west borough baptist church toothe supreme court. what the high eater court i hige country has to decide starting today. we have the slam dam legislatioo and now we have having to pay the conseqqence. healthcare.e cost of the the millions more we will have to pay and why the preeident nnw admits costs willlgo up. good morning. i'm patrice harris. a chilly start to the morning. meteorologist steve fer significant is here with -- fee.

>> it's oing to be a great weekend ahead. take a look patrice at whattwe a couple of shooers around, light rain ould make for a sllppery road here and there so be careful out there and don't overestimate the situation or the low spinning around the it will get out of here y tonight. 51 degrees t the beginning forecast and the weet wind at 5 5 miles per hour. the last cool day before we start to see improving weather %-be a couple of light passingd showers. let's see what is happening n the roads, herr is lauren cooke, lauren, good morning. >> reporter: good morning,ú steve. wwile we are dealing with a ccash at liberty road, if you're problems to report. checking and taking a live look

at you will notice taking a shot liberty road, you're looking at an 11-minute ride from 795 to 955 all is clear traveling through %he tunnels from the fort youure looking at an 11-minute trip to the 555milesse miles pes per houu. %-eege.a look at your traffic patrice. back to you. thank you, lauren. 5:02 on fox 45 early edition. today the supreme court will hear the case of a father whoú sued over a prottst at his son's millitary funeral. court downtown where the snyder fight against the baptist borough church began. >> reporter: that case was heard back in 2007 and thatt3 fight continues on moving on to3 the supreme court. tte high court will ave to3 decide if membbes of the kansas

west borough church were out of line to bring signs bearing anttgay and anticatholic messages to the funeral of lance corporal maw ttat's tru matthewf his father sued and won, but later the u.s. court of appeals in richmond reverseddthat ruling and defended the church's first amendment right, making this protest leggl. >> thank god for -- >> this is all about our poor messages, the content. >> i hope it's enough to deter ú%em from doong this to other families. >> reporter: the question now, does freedom of speech have boundaries? can the hurch be sued over its can snyddr collect $5 million awarded in a federal lawsuit? we did try to contact the west borough church by phone and even by e-mail but they didn't answer. live downtown, i'm megan gilliland.3 fox 45 early edition.

stay tuned to fox 45 morning news for continuing coveragg of this tory. we will talk to an attorney about he legal issues surrounding the case. that is coming up in our a harbor east restaurantt33 wwn't be erving patrons until -t least this weekend after being ddmaged in a fire. flames broke out at pazzo in a less an droa street late tuusday morning. no one was hurt and the cause of the flame is under investigation, but initial results is it may have started in a wood burning school. missing since the beginning of september. authoriiies are combing for 48 years old stuart isaac. they found a note indicating that he was planning to drive park officials located his car a week 1/2 ago. the keys were still innide but there wws no sign of him. a sanitatiin worker hit by a

truck is expected to recover. police say the 488year-old wooker slipped off the moving truck and was accidentally ran over. he was taken to the hospital with severe injuries to his leg. police presence has iicrrased after another student3 ii mugged at the university of maryland college park. weekend and it's the latest in the string of robberies innthe area. ú%trols are now up and officers are looking through the hhndreds of cameras planted all over campus. they say one acttally captured part of the recent robbery. >> we do have some people that have come backkquite frequently to the campus that we know have no business on campus. >> despite the ecent incident, crimes on campus are down in neerly all categories, that includes sex offenses which have dropppd 41% over last year. robberies have decreased by 8% crimeein baltimore county is down. county executive jim smith announced the nnmbers or the

first half of 2210 yesterdaa. compared to the ffrst hall of 2009, every major category saw decreases. homicides down 44%, rapes are down almost 20%. vehicll thefts, robberies and ú%rglaries also declined. it is always gratifying to be able to report a continued trend of decreasing crime, but particularly so in these challenging economic times. >> overall, crime in baatimore county is at a 355year low. p>> st. joseph's medical center and a former employeeeare sued after what may have been unnecessaryystint procedures. a ttwson attorney filed a suit of 41 people on tuesday. they were all patients at ú%is accused of implantinggist

hundreds of heart stinns that went needed. >> it's our believe that a blockage of vieeing a of 20% on a heart kaght ratio and kaght rd repooting it of 90%. an investigation finds fort ddtrick doesn't have a higher cancer rate than the reet of baltimore couuty. they point to agent orange testing performed in the area 30 yeers ago, but a state officiaa with the department of healthú and mental hygiene says the cancee rate is what he would -xpect. a public eeting on the issue is see or november 1st. the latest rasmussen poll

candidate governorro'malley with 49% of theevote while ehrlich 1% favors other candidates and 1% emains undecided. bbth sides are stepping uu their attacks.3 the o'malley campaigg rolled out on youu side express. he is using an rv and a new round of ads to attack opponent ehrlich and his position at a law firm calling him a millionare lobbyist. >> he has een on the side of3 peopleethat can afford to pay big, big bucks for gooernment affair specialists and in these tough times with hese tough guys needd o have a governor oo we're the ones who need to have3 a governor who is our side. the largest tax iicrease on your ssde for him to be on your side3

begs the question on which side he is. >> o'malley says that he has never been a lobbyist. >> the issues and opinions nd ongoing controversy over slots. doogh gensler says he doesn't believe that they can ordered the top aming the arundel mills mall. peen national is goong against the interest offthe state by opposing the mall casino. the proposal faces a refeeenddm vote in novemmer that could siik the project. stay with ffx 45 news for the latest on the ellction.ú go to foxbaltimore.com/vote 2010. despite the rough economy maryland has the second high elf country. maryland boasts more than 144,000 millionare households, that is almost 7 out of every 100 households. maryland, hawaii. the nfl has a new marketing

campaign aimed at wwmen and the ravens are leading the way. for the 4th straighttseasonnú the team is starring its event on monday. joel d smith is live to show us wwat the ladies can expect that night. fans.'s a lot f lady football >> reporter: 44% of nfl fans are female. you got to take care of your ravees have bben doing for yearr. heather is here from tte marketing of the ravens and thi3 is the 4th year of the purrle night. >> the 4th year and it'' bigger than ever. >> repootee: how any people are you expeccing here? >> around 4,000. >> reporter: it started smaller than hat. -p>> ii started at 1200.ú >> reporter: how much will theyyget? >> it's $30 right now, and it autographs, and less than 24

hours afttr the game is played. tours through the locker room, wine testing, event on the club stadium is open. >> reporter: they love -eeting the players, and they get into the locker room. they come here 4 hours after the game, the blood, sweat and the tears will be oo the field. >> correct. >> reporter: a lot of people wonder how come the ravens weekend?ear the pink the lass nfl provides us a certain amount of merchandiseeand they wantedú the team to do it together. %-home, and we're goiig to be at completely pinn with a slaah of3 purple. >> epooter: these are the coach's hats thaa you will see on the side line and other merchandise that will bee3 available at the game. iffyou buy anything at the gift shop with the pink stuff, you will get the pink cards as well. we will kick fields goolssand

see how it is beiig on thh field, preety good stuff. >> is that what the ladies get to do that night..3 drills is that one of them. >> reporter: yes, we are good to go with that now, but it's nnce to ee what it feels like out there. >> very cool, looking forward to, it joel, thank you. buy any ssme peanuts and crackkr jacks, for the first time since ii opened, changess3 are coming to the food innthe. the orioles are ending their deal, and they are nngotiating with another concession's company. last year, air maak seld jobs woulddbe i!!said jobswould be iy ended the contract. they hope to work with the team again..3 again? we are willing to take thht

risk to fight for his ccuntry. >> how his community is remembering him.ú ww're waiting for the low bruspressure center to get kickd out of here t wi i thought it was crazy feeding in the fall. i always feed in the fall. but, it's the best time.

feed your lawn in the fall. the fall feeding makes all the difference in the world. what the fall feeding does is build the roots.. that's when the roots sorta want nutrition. i give my lawn scotts winterguard. it's like a root building machine. it builds your lawn from the roots up. next year you get this! the stronger the roots, the stronger the lawn. all year long. the best time to feed is when it will do the most good. there's no substitute for the fall feeding, trust me. it is the best thing you can do for your lawn. i use scotts winterguard. breakfast? in this house? in the morning i can use all the help i can get. that's why i love nutella, a delicious hazelnut spread that's perfect on multigrain toast and even whole-wheat waffles. it's a quick and easy way to give my family a breakfast they'll want to eat. and nutella is made with simple, quality ingredients, like hazelnuts, skim milk and a hint of cocoa. they love the taste and i feel good that they're ready to tackle the day. ♪ nutella. breakfast never tasted this good.

let's get a check of our forecast. meteorologist steve fertig is here, hey, steve. we'reelooking at a ttansitional day today, meaning showers lingering i and a ool day one more time before ww see improvement for the weekend. notta whole lot of activitt right now. we will zooo n at placcs where we can see light showers. showers that are mmderate there. back toward the north cockeysville, light showers and bel airras well. %-pushing through from ttme to,

buu thhy will be scattered and theyywill be passing through the day. hagerstown seeing a coupll ofú light showers as well. we will put things into mmtion and you will see the spinning3 motion arouud that is the low pressure center that ittwill eventually gettout of here and ú% picks up pace as it moves3 toward new england. we will continue to watch as the showers will be light and movin3 througg the area out of here by later toniggt and drier air moves in behind the low pressure ú%nter which wiil bring more air up through new england and the frontal boundary wwll comeeour way and it will be breezy. the sunshine is brightly and as high pressure moves in setting up to be a pleasant weekend indeed. many of you will have off with -olumbus day coming. raii out there as you can sse. only .100 of an inch of rain amount, so it's not going to3 amount to a whole lot. a little slippery pass from time to time. and cool at salisbury and 48 at hagerstown. and temperatures wiil be cooler

than averaae a ccuple of ddgrees warmer thaa yesterday. holding off on any showers until later this evening and we coold have a light shower ppssing through.3 66 degrees shouldddo it for a high. hoor.winds t 5-15 miles per temperature here of 56 degreess a cool day there as well. a ew showees around. tonight e start with mostly cloudy skies, but ittwill becooe -artly cloudy ann it coulddbe an evening shower before ww start to see the showerr clear out. early clouds givv way to more sunshine later in the day. sunny on friday, and 72 and3 sunny on saturday. and sunny for ravens game, lookiig terrific, 72 degrees for monday. clouus increase bbt not until latee at night and the next chance of rain, looking for ú%owers and a high of 71. now for look at what is happening on the roadways, here edge.uren cooke with the traffic lauren. steve. as you mentioned we are dealing with some rain this morning, do

be preppreddfor slick roods ann be extra carefuu as you head out this morning.ú we'ree ooking at high speees on awful our main lines, 577miles perrhour on the west side of the llberty road. aa we check in and taae a live look, nothing toogettin your way, you're looking at an 11 miiute rid from 95 to 5. if you're traveling he beltway, a look at harford road, it's going to be clear here ass ell. it's going to be an easy ride, and as for the north eernt corridor of here say a lookú north of 43, you're looking at a 4-minute ride from whitemarsh to the beltway. for thoss of you traveling the harrisburg expressway, here is a look t harrissroad it's nice and open as you make the push to 695. -here's no problems to report on the jfx from the beltway all thú a downtown to eest fayette street. if you re traveling the tunnell, you're looking at a 4-minute ride from and a 9

9-minute ride from the harbor tunnel ttothe tolls. back to you. thank yoo, laaren. sttll ahead, springing for silver and gold, how the cost of precious metals is soaring. >> whether he is willing to take that risk to ♪ [ monkey cheeps ] [ male announcer ] a bath becomes even more pleasurable when you know that your water is being heated in an environmentally- conscious way while saving you hundreds of dollars

on your water-heating energy bill. the geospring water heater from ge with advanced hybrid technology. heating the water in your home any other way is just going to seem primitive. [ monkey cheeps ] ♪ maryland residents can save up to $780 while funds last. vo: it's america's egg farmers who feed millions in need... vo: ....it's families who are active in their communities... ...and it's kids who learn the value of nutritious foods. clint hickman: go to goodeggproject.org to learn more. sweet n' sour filled twizzlers. the twist you can't resist.

a u.s. army range ranger isd %-we see howwfolks in his hommtn remember him. >> it's sad, you know. this is the father, young kids, and married and leaving all that behind. >> reporter: brenda cooper reflects on a life cut short. %->> reporter: sergeant class lance bogger is finally remembered. he joiied the army nine years during that time he was deployed 8 ttmes to fganistaa and four times to raq. >> he was injured in iraq on a previous tour of duty before ú-lost his ife now and mentiond that he was injured and rehabilitated and he apparently wanted to go back and continne to serve.

i have a strong sense of %->> reporter: durrng his 8th touu in afganistan last3 friday, the sergeant loot his life after being hit by enemy fiie. he leaves behhnd is wife who is preeinn fainpregnant and two yo. >> my heart goee out to these3 two young kids. >> reeorter: his neighbors mourn, they worry about the human toll in the ongoing war on terror. >> i want peace, but there's a ú%t of ouu young men that is going over there dying. >> reporter: one of his commanders says in an organizaaion of great men, lance vogler stood out for his leadership, dedicationnand all of his talents. >> speaks loudly for him and his character and as a whole foo the soldiers overseas, you know. figgting to deal with this, and keep our freedom intact..3 reporter: john ryy del, fox 45 morning news.

funeral plans are still being arranged. coming up later on the early edition. decreasing a rate of childhood ú%esity, the nationwide eefort goingg i thought it was crazy feeding in the fall. i always feed in the fall. but, it's the best time. feed your lawn in the fall. the fall feeding makes all the difference in the world. what the fall feeding does is build the roots.. that's when the roots sorta want nutrition. i give my lawn scotts winterguard. it's like a root building machine. it builds your lawn from the roots up. next year you get this! the stronger the roots, the stronger the lawn.

all year long. the best time to feed is when it will do the most good. there's no substitute for the fall feeding, trust me. it is the best thing you can do for your lawn. i use scotts winterguard. breakfast? in this house? in the morning i can use all the help i can get. that's why i love nutella, a delicious hazelnut spread that's perfect on multigrain toast and even whole-wheat waffles. it's a quick and easy way to give my family a breakfast they'll want to eat. and nutella is made with simple, quality ingredients, like hazelnuts, skim milk and a hint of cocoa. they love the taste and i feel good that they're ready to tackle the day. ♪ nutella. breakfast never tasted this good.

stocks surged tuesday to the highest level in 5 months..3 they're not the only commodity that is soaring. neil explains in today's businesssreport. >> reporter: stocks arr up, gold aaay up. the precious metal surging $25 today. an ounce will set you back -1,340. it's never been higher. year high. all that when the dow sppked 200 pointt. usually gold and stocks move in the opposiie direction. the gold and sp are at the

highest level. vendor. they are adding 600 workers at a south caaolina plant. that makes 800 new emppoyees at that factory in the last six months in inside frito layyiss3 saaing that the bags make tooú much noise. fritt lay is going back to the old bags until they come up wit3 a quieter co friendly version. that's business. coming up, still no verdict in court yesterdaa.urder trial. and he started this fight rrght ere in baltimore federal court. now the father suing a church for protesting his son's millitary funeral is hhaded tt the supreme court. i'm megan gilliland. what allsnyder is fighting forú straight ahead. >> rrporter: i'm joel d smith, i'm at the ♪

[ female announcer ] it starts with you falling in love with the most personalized most customized piece of furniture you will ever own. ♪ get that one piece right and the rest of the room will just fall into place. it starts with you introducing yourself to the world of ethan allen. see your ethan allen design center today for two beautiful ways to save.

more bold flavor!onds! more variety! more value! more of what you want... not what you don't. blue diamond almonds. (play-by-play announcer) it's up and it is... good! more than a snack. ú% edition.ome back to tox 4 fox 4y

are you ready for some football, especially if you''e a ady. >> yes. -e're talking about purple lady's night aa m&t stadium. ú%ee is out there, and guys can appreciate football, too, but ladies. ggoo morningg i'm patrice harris. meteorologist steve fertig is >> good morning [ lauggter ] %-ready for some football, ands. then you threw in the ladies. sunday.will get your game on %-but they get a special event t the stadium on monday night. >> ool. let's see what is appening out %-hd radaa. now as we check our we have showers on the westtside of the state ann through the central part scattered showers and that is what will be hanging arouud for a little while longer with the cool air, too, as you can see the spinning otion out of here.