i'm terry mcsweeney live in san francisco. today we're going to be getting a decision on the constitutionality of the same sex marriage ban. the first of three decisions in this story and the first of the decisions don't count. the story in a live report. >> san jose city leaders put several budget ballots in the measures before the voters in november. one would put a tax on medical marijuana. >> amtrak service through oakland where a freight train derailed yesterday. >> here's a look at those thickers clouds we talked about yesterday. off to a misty morning and a deeper cooling trends that will touch all our neighborhoods. i'll tell you who it will touch the most and how long it will last. >> an accident in oakley on the northbound laurel road blocks a lane. heavy traffic. antioch for a short stretch. i'll check the drive time on westbound 580 through the altamont pass. >> it is 6:01 on this wednesday. good morning. thanks for joining us. i'm kristen sze. >> i'm eric thomas. topping our news, this afternoon

a federal judge in san francisco will ends the speculation by ruling on whether the state's ban on same sex marriage is constitutional. terry mcsweeney is live in san francisco. terry, whatever the ruling, the legal battle won't end. in fact, you can say it may start right here. >> that's a good point. the final decision's going to be probably made by the united states supreme court. that's what all the experts agree upon. today's decision by judge vaughan walker will form the basis for that decision. this decision today has been months in am could go. judge vaughan walker's going to be posting it online between 1:00 and 3:00 this afternoon. this follows a january trial challenging proposition 8, the measure defining marriage between a man and woman approved by california voters. closing arguments were in june. same sex couples including a lesbian couple from berkeley challenged that with renowned attorneys representing them. they contend that proposition 8

violates gays' and lesbians' rights under the u.s. constitution. supporters say marriage has always been between a man and woman, it should stay that what i and it's better for children that way. most expect a defeat for proposition 8. prop 8 supporters have requested that the ban on same sex marriage remain >> we've lost terry's audio. again, we expect the ruin to come down this afternoon between 1:00 and 3:00. we'll carry is live here at abc 7 and abc7news.com. >> no matter which way the ruling goes, it's going to be historic. let's take a closer look at the possibilities are legal analyst dean johnson. thanks for joining us. a lot of legal observers seem to think the judge will rule in favor of the plaintiffs and against prop 8. why? >> anybody who saw the trial would believe that because this was truly a lopsided trial.

the evidence, the quality of the witnesses, the quality of the arguments all favored the plaintiffs. i think if you watch that trial, you get a sense of where judge walker's going. he was constantly asking the defendants, the supporters why, why should i deny same sex couples the fundamental right to marry and they couldn't answer that question. >> this with a lot of other people, where do states rights come into question. you always hear that term come up. >> a lot of people have said this is something that should be left to the states. there's a certain play in the joints and the constitution that allows states to experiment with various forms and styles of government. and so some courts early on have said this is something that shoulden left to the states. now the state has decided, california decided and it's been taken into an exclusively federal forum. the only question now is what is

the scope of the federal constitution, the united states constitution? and does it recognize the fundamental right of same sex marriage. >> let's talk about this. if it does come down against prop 8, of course it will be appealed but could weddings resume in the meantime for gay couples? >> probably not. the supporters of prop 8 have already asked for a stay of the judge's decision. so if the judge says prop 8 is unconstitutional, in all likelihood i think judge walker will put that on hold. issue what we call a stay and say that the status quo remains until there's a final resolution by the supreme court. he doesn't want to create another addition to that crazy quilt of people getting married and unmarried and some people being able to marry and some not being able to marry. >> obviously the reputation for being very liberal. the roberts supreme court has

the reputation for being the opposite. how could this go as it winds its way through the system? >> i think if prop 8 is found n unconstitutional, they will uphold the decision. the most conservative and most liberal justice questioning the federal equivalent, the defense of marriage act. where it goes in the supreme court is anybody's guess. normally you would say conservative court, anthony kennedy having the swing vote. he might go with the pro prop 8 side. remember, we have the former solicitor general ted olson arguing this. kennedy was against it at ted olson's wedding. an interesting court. the case that both sides rely on, laurence versus texas which changes the entire way the supreme court looks at same sex relations was written by anthony

kennedy and struck down. >> we will see you later on in this newscast. for more questions about this very much anticipated ruling. >> thanks. >> 6:07. san jose voters will decide in november if medical marijuana should be taxed after city council voted to place that question on the ballot. many speakers at last night's council meeting believe it's unfair and medical pot users shouldn't pay a 10% tax to take what they call medicine. supporters insist it will provide the cash-strapped city with much-needed revenue. the council put two other measures on the ballot aimed at saving san jose money. one calls for limiting the power of the arbiters who broke labor deals for police and firefighters. another asks to reorganize the pension system for new workers hired by the city starting next year. it would not affect current employees. >> 6:07. california democrats unveil a balancing plan yesterday but the

governor's office wasted no time and declared it dead on arrival. it would raise the purge income tax but lower the state sales tax. republicans including governor schwarzenegger say they will not agree to any budget deal that includes a tax increase. a california watch report out this morning reveals some state workers are actually earning more money than usual during furlough weeks designed to save the state money. >> why not me! why not me! >> the report comes as union workers face the prospect of three furlough days a month until a state budget is passed. the report says hundreds of managers are being paid overtime when they cover for furloughed workers. federal law mandates salaried workers be paid. >> that's ridiculous. i mean when you're cutting the lower workers and giving the managers more money during a furlough time, it seems like you're counterbalancing everything that's going on. >> officials claim the amount of

money being spent on overtime is a tiny portion of the nearly $3 billion that the furloughs are saving. >> normal amtrak service is expected to resume after crews cleared a derailment in the east bay. several cars of a union pacific freight train went off the tracks yesterday afternoon. it blocked the track between emeryville and jack london square. union pacific officials say the tracks were cleared and inspected overnight and there should be no problem for trains running on the capital corridor on the can joaquin lines. >> the fog, all dealing with it this morning. >> fog and mist even though we weren't forced to use wipers. >> you can expect delays at sfo because of the low ceiling. temperatures mild. low to mid-50s in most neighborhoods. mountain view and san jose and los gatos at 58 to 59. warmer spot this morning.

8:00 i don't expect temperatures to move much because the clouds won't move. the only thing we'll see is a little drying trends by 8:00. sunshine, especially the east bay and south bay where we'll hit the mid to upper 70s in the east bay valleys. even sunshine arounds santa rosa, napa, low 70s there. cloudy around the bay with low to mid-60s and by 4:00, sunshine dominates most of our neighborhoods but the sea breeze will keep clouds arounds half moon bay and san francisco to a lesser extent. oakland upper 50s to low 60s. mid-60s in oakland. upper 60s with mid-70s in the south bay. upper 70s to near 80 in the east bay valleys. here's a look at your seven-day forecast. today just the beginning. even more cooling tomorrow, about 4 degrees. we'll hold these temperatures well below average through the weekend. here's frances. good morning. >> good morning. an update on these accidents. improving on the bypass at laurel road. there's heavy traffic westbound

4 out of antioch but no major trouble there. westbound 580 grand line road. motorcycle crash on the shoulder but apparently also a stall in the nearby area. could be heavy traffic at the scene where it's under 20 mph. the drive time for you, lone tree way to 242. 17 minutes west bounds 4. the west bounds 580 ride from 205 to 680, 24 minutes. an accident north 680 to 580 but that's not slowing anyone down at this point and they're clearing it now. eric, kristen. >> now 6:11. >> just ahead, a marriage made in cyberspace. the new blackberry torch brings together a keyboard and a touch screen with software to rival more costly smart phones. >> we'll tell you about pricey >> we'll tell you about pricey "@wwwwwwwww"@ $gggccccg@g@g@g@g@

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welcome back. it's 6:14. the airline that just started charging for carry-on bags is considering another fee sure to rile up passengers. spirit airline says it may one day charge to talk with a human at the airport. spirit says passengers need to think of it as the same as talking to an agent at one of its call centers. spirit like most airlines charges a fee for making a reservation over the phone. the company ceo says spirit needs to improve its airport kiosk before passengers pay to talk. >> a touch screen and keyboard come together on a blackberry for the first time. research in motion is touting its new blackberry torch. the keyboard slides out from underneath the touch screen giving users two ways to tap out e-mails. it runs on new software that gives it the same features as competing smart phones. it will be available exclusively through at&t for $199 beginning next thursday. >> the happiest place on earth

more expensive. your next trip to disney lands, the price of a one-day ticket will increase from $72 to $76. the park hopper ticket which includes admission to california adventure goes from $97 to $101. parking will also go up a buck from $14 to $15. by wait, disney owns abc 7. >> a look at the forecast. cooler today? >> uh-huh. >> how low can we go? >> these the good question because it will be even cooler tomorrow, probably through the weekend. take a look outside. good wednesday morning to you. just barely a sunrise over the clouds this morning. a few high clouds like we dealt with yesterday that will keep the sky from being so blue this afternoon once we get rid of most of these clouds. we have mid to upper 50s around the bay and east bay valleys. low 50s to a few mid-50s along

the coast into the north bay valleys. along the monterey bay, cloudy conditions, mist and drizzle and low to mid-50s. that does include our inland neighborhoods, too. our highlights. cooling. the greatest inland today. thicker, low clouds, drizzle, mist again tonight and below average temperatures will last all seven days of the forecast. the reason why? the jet stream. pushing down to us. very far south for this time of year. shoulders be up near the border with canada. it's allowing some of the cooler air to ride from the north and also that air is going over that will 50-degree water out in the ocean and that is creating this deeper, cooler layer of clouds that's pushing farther inland and dropping our temperatures even more today and tomorrow. in fact, down in the south bay we should be in the low to mid-80s. we're in the low to mid-70s through san jose and cupertino. may get to 80.

barely 70 redwood city. palo alto 71. along the coast 56 pacifica, daly city, 57. the sunset, half moon bay, downtown low to mid-60s. check out the coast here. bodega bay, upper 70s. richmond to new washing, barely 70 union city and hercules 71 castro valley. east bay valleys low to mid-80s here. 90s from yesterday gone from the forecast. only 76 hollister. check out the 60 degree temperatures with fog arounds the monterey bay. cloud cover touches our neighborhoods with low to mid-50s and tomorrow morning's forecast. accu-weather seven-day forecast. i think we lose another 4 degrees tomorrow. look how we hold in the upper 60s to near 70 around the bay through sunday. upper 70s to low 80s inland and

mid to upper 50s at the coast. slightly warmer mondays and tuesday but still temperatures below average. good morning, frances. >> good morning, mike. the earlier accident in the east bay have been cleared from the lanes. here's a live shot of the bridge toll plaza. check out interstate 80 getting there. bay bridge westbound traffic crowded near university. that's the middle of your screen. a 20-minute drive time from carquinez bridge to the maze. check out the golden gate bridge. traffic has been fine but you can see that marine layer there mike was talking about. low clouds as you make your way into san francisco. 101 in san rafael, also a pretty light commute this morning. no trouble out of novato and petaluma down towards the golden gate bridge. we'll check out the south bay. major road work at the 101 and 880 interchange very early but all cleared by about 5:30. everything looks open. that's north 101 and that's 880 right across your screen. we'll check out 280 and 17 for

you. delay free out of santa cruz mountains heading up the peninsula where there are no problems as well. you can always finds out though if that changes by going to abc7news.com. you'll finds the bay area traffic link under abc 7 extras. >> it's 6:20. >> coming up a palo alto philanthropist has died. we'll talk about the millions given to education and environmental causes by the publisher of sunset magazine. >> happy birth, mr. president. no, we're not going to sing it. >> come on. >>

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catching up to him, his words. he says his metabolism has slowed down and he's getting a few more gray hairs from the job. but that won't stop him from celebrating. the president will be back in chicago tonight have been dinner with old friends but michelle and the girls are not with him. his fund-raising organization will throw birthday parties at hundreds of events nationwide talking about the upcoming election. >> weren't we supposed to have a sound bite off that? ♪ mr. president, i'll get elected on friday. ♪ >> he sang about it. now he will run for president. that's a former deputy of haiti who says the hip-hop singer will announce his candidacy. he was named an ambassador at large at haiti three years ago and has been active raising money for earthquake relief.

>> not running for president at the u.n. >> no. >> the on again off again engagement between bristol and levi johnson off again. they appeared on the cover of us weekly magazine with their one and a half-year-old son trip and saying they were engaged for the second time. now bristol says she called off the wedding plans after johnson told her he may have, may have fathered a baby with another woman. she also says levi was just using her and her family for their fame and that she got played. now she's discovered that. levi appeared in playgirl magazine earlier this year. >> bill lane has died. lane graduated from stanford in 1942 and ran the lane publishing company with his brother until 1990 when they sold it to time warner. he gave millions of dollars to the university and millions more for environmental causes. he died of respiratory failure saturday. i was 90. >> our legal analyst dean

johnson is here to give us an idea what we can expect this afternoon when the judge posts his opinion on california's gay marriage ban. >> what commuters will have and won't have as they wait for buses at a new temporary transbay terminal. >> one south bay city is putting three measures on the ballot hoping to raise some money or save it as well. live in san jose there could be things like tax on medical marijuana and pension reform.

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>> closed captioning brought to you by mancini sleepworld. ♪ good morning, everyone. it is 6:29 this wednesday morning. i'm eric thomas. >> i'm kristen sze. so opening bell's about to ring to start the trading day. as this trading day begins, stocks are expected to open lower over concerns about our

sluggish economic recovery. a report is expected to show private employers slightly ramping up in july. the data follows a recent trend of sluggish economic growth. a live report from the new york stock exchange in about 15 minutes. supporters and opponents of gay marriage across the nation are eagerly awaiting the release of the ruling whether the voter-approved ban is constitutional. a federal judge in san francisco will release his decision early this afternoon. abc 7's terry mcsweeney is live at the federal courthouse. terry? >> it's going to be a big decision today but by no means the final decision. the final decision is expected to come from the u.s. supreme court. judge vaughan walker is expected to post his decision today between 1:00 and 3:00 this the afternoon. he's going to post it online, based on the evidence he heard in a non-jury trial. the trial in january, closing arguments in june. the federal trial has same sex couples, one of which is from

berkeley. the couple say the voter-approved van violates their rights to equal treatment. the reasonable way to protect traditional marriage and better for children that way. it appears mostly experts are expecting the judge to rule against prop 8. in fact, the prop 8 forces have already asked the judge to leave the same sex marriage ban in place until his decision can be appealed. the losing side expected to go to the 9 n u.s. circuit court and the loser expected to appeal to the u.s. supreme court. there's going to be a march today starting at the castro district here in san francisco over to city hall. there's going to be a rally city hall plaza between 6:45 and 8:00 tonight. that rally is going to take place regardless of what judge vaughan walker decides. it's going to be a big day between 1:00 and 3:00 this afternoon. i am looking forward to a dean johnson's take exactly what all this may mean as we head down

for the final decision by the u.s. supreme court. live in san francisco, terry mcsweeney. >> the ruling is expected between 1:00 and 3:00. reminding you what terry said we will carry is live here at abc 7 and abc7news.com. >> we're not going to keep you waiting. dean johnson is here, our legal expert, to tell us -- let's start with vaughan walker, the judge handling the case. what sort of questions will he have to answer. >> the first question he'll have to answer is how stringently do we test this statute. there are two tests. one is called rational basis, the other called strict scrutiny. that sets the bar for determining whether prop 8 is unconstitutional or not. generally in cases involving gay rights, the courts have looked to see if there's any rational basis for the statute and overwhelmingly now courts are finding that statutes that discriminate against gays and lesbians do not have a rational

basis and are striking them down. >> if that's the central issue, then how important is children's welfare? >> well, all of these public policy issues, particularly how same sex marriage might affect children, are issues that the judge has to consider in determining whether or not his decision is not only technically legally correct but also good public policy. these something that a court can and must consider in determining something like this. >> what's your take from the tenor of the question judge walker was asking both sides and his body language up there in the case? >> i think that he is leaning towards striking down prop 8. and in terms of the questions, there's that one big question that was never answered. was repeatedly asked. which is why? why do we deny same sex couples what appears to be a fundamental right to marriage. give me a good reason. he asks the prop 8 lawyers time and time again to answer that

question and their answer literally was "i don't know." >> our time is about up but if and when this goes up to the supreme court, how likely is it the way it will affect the other state? >> i think what we'll see eventually are parallel litigations all leading to the supreme court. if prop 8 is struck down, there's five other states of that the equivalent of prop 8. there's a case involving the if you will federal version of prop 8, where a district judge in massachusetts recently ruled that statute unconstitutional. they'll all be funneled in together as realtied cases. >> dean johnson with us all day long because we'll be covering the ruling judge vaughan walker is going to make later on this afternoon. >> i'll be here. looking forward to it. >> thanks, dean. moving to other news. finally strapped san jose taking a controversial step towards controlling the cost of employee

salaries and pensions. in a heated council meeting last night, they put two measures before voters in november. theresa garcia is live at city hall. theresa, the employee unions are very upset other. because these employee unions wanted more time to explore the ideas of pension and arbitration reform. they say they wanna look whether these are really the solutions to the city's budget problems. but the council acted very quickly putting these money-saving ballot measures before the public. on the issue of binding arbitration, council voted 7-4 to let voters to decide whether to limit outside sash traitors to spending money the city doesn't have. that's when they're brought into impasses. prohibiting arbitrators to increasing pay and benefits to police and fire unions by more than the rate of growth and revenue. it would also not allow them to raise pay and ben visits retroactively. it puts an unfair spin on

negotiations but the mayor sees the arbitration cap as a way to save the city money if they hit an impasse. >> whatever offers we made in negotiations tend to come before binding arbitration so just a way of adding on to what the city was willing to offer and there be driving the cost up. >> through the city why would you want to negotiate the terms if you're stretching out 2, 3, 4 rears and you don't have to pay money while it behooves you not to come to the table. >> approved the pension reform measure. that amendment would allow council to pay lower retirement benefits but only to new city workers hired 2011. employees with 30 years of service can retire with pension of 90% of their highest year's average salary. civilian employees get 75%. there was a revenue-related mission the november ballot. that's a medical marijuana business tax. if it is passed, it would allow a 10% tax on medical marijuana sales here in the city. theresa garcia, abc 7 news.

>> all right, theresa. thank you very much. we are approaching 6:37. commuters on amtrak's capital quarter can expect normal service at crews cleared up a derailment. several cars went off the tracks near the bridge toll plaza yesterday. it blocked the tracks between emeryville and jack london square. the union pacific officials say the tracks were cleared and inspected overnight and trains can run through the area again. >> the commuting routine will change for thousands of people who ride buses in and out of downtown san francisco. the terminal will close on friday so demolition can begin to clear the way for multibillion transit hub and commercial development. that means a. c. transit, golden gate transit, west cap live, san tran, greyhound and several other bus services will move to this open air terminal. >> i get the feeling it's going

to be a little crowded but it will work. it will work itself out. >> the design is to help facilitate it's a temporary facility but here for seven years. we want to make sure passengers are comfortable and they can facilitate easy transit connections while we build the new transit center. >> some people criticize the temporary terminal because it doesn't have restrooms. they designed it without restrooms to avoid to becoming a magnet for the homeless. like i tell the kids, go before you leave the house. don't have to worry about it. >> let's check with mike for a look at the foggy forecast. >> all right. good morning to you. happy wednesday. we'll notice the 24 hour temperature change on the negative side. yeah, the cooling trend is here. we'll notice it more inland. san francisco see the least amount of temperature drop. about 1 degree. 2 oakland, santa rosa. fremont 4. concord drops nearly 7 degrees

today. as far as our temperatures at 8:00, pretty much stuck where we are because of the cloud cover and the mist and the drizzle in the 50s. by noon we'll start to see some sunshine. you can see those temperatures responding with low to mid-70s around concord, livermore, san jose, napa, santa rosa. low to mid-60s around the bay. cloudy and oakland and into san francisco with upper 50s. by 4:00, most of us seeing sunshine except for the coast and san francisco. 57 and 60. to a lesser extent, oakland 65. upper 60s around the bay. the south bay, north bay valleys, mid-70s. near 80 in the east bay valleys. your seven-day forecast. since this is day one of the cooling trend, we'll drop another 4 degrees tomorrow. hold in the low 80s inland through sunday. near 70 around the bay and mid to upper 50s at the coast. good morning, frances. how's the bay bridge this morning. >> mike, they turned on the metering lights but that's not going to slow you down. no delays at the bridge toll

plaza. those low clouds in the distance. let's check out the san mateo bridge next. it does looking foggy here but sometimes the camera lens does get fogged in. westbound traffic is flowing well. a little more congested on the westbound side but 14 minutes from 880 to 101. we'll check out the peninsula. 101 looking good. that's northbound traffic there heading towards sfo. southbound traffic towards san mateo is fine past 292 but there is an accident reported in san mateo on city streets. look for this north of delaware at east popular. let's check out the east bay as well with live shot of 680 in walnut creek. the usual slowing westbound in antioch but fine here southbound 680 through the san ramon valley and make your way towards the caldecott tunnel. also 880 looking good. a remindser there's a game at the coliseum. starts at 12:35. you might see traffic on 880

before then. eric, kristen. >> frances, thank you very much. it's 6:40. >> trading underway on wall street. a live report from the new york stock exchange straight ahead. a live look at the big board. the dow up 17 points. >> a big milestone b.p. says it's reached this morning in permanently capping that broken oil well in the gulf of mexico. >> homeland security investigated some major security threat to the nation's power and industrial plants. you want some fiber one honey clusters?

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it is 6:44 this wednesday morning. b.p. says it has reached the desired outcome in a procedure which it pumped mud down the throat of the blown out well leaking in the gulf of mexico. the well pressure was being controlled. it was pumped in an effort called static kill and that may be enough to seal this well. national incident commander warned that a relief well still needs to be drilled for a bottom kill.

meantime three government scientists say three-quarters of the oil from b.p.'s massive spill has been cleaned, captured or broken down in the gulf of mexico. >> federal agents/morning are investigating what could be a major security threat from computer hackers who may be able to cripple power plants and other big industries. department of homeland security investigators discovered a malicious computer code seizing inner workings of industrial plants. it opens doors and gates. it can shut down aging power plants and affect the operation of connected infrastructure. >> 6:45 now. in a weak job market, keeping a resume up to date more important than ever but that doesn't mean putting a fresh sheet of paper in your printer and sending out resumes by snail mail. now an online socialite. >> a whole different ball game out there. >> new ball game, new rules, new equipment which is why marin

county resident karen is on the peninsula today learning how to better compete in a tight job market. >> you gotta think of this as almost the first impression you're gonna make before they see your resume, before they see your application. >> today karen's at the burlingame headquarters of job flight, an online firm that helps company recruit new hires through the web. ceo dan finnigan is explanning how hiring managers are turning from the old typed up resume in favor of social and business net working sites like linked in, facebook.com and twitter. >> if you're not in facebook.com, linked in or twitter you won't be found. >> website careerbuilder.com says the web is the primary way 70% of businesses look for new employees. that doesn't mean you stop snail mailing out resumes but it does mean your online resume should be constantly updated. if you have a blog or website, your resume should be he'sy to view there and you're linked in or twitter profiles should drive

people to your website. karen says that was an important lesson to learn. >> in order to be an effective job seeker you have to be an online socialite and linked in, facebook.com and twitter that will see your profile. >> be careful with your profile. finnigan reminds those embarrassing pictures posted in good fun after the last office party can come back to haunt you. don't even think about listing jobs you never had or degrees you've never earned on your resume. >> if there ever was any resume inflation, now i think the act of putting it public and making it public means that people need to be instead of fudging their resume, they just need to be assertive and proactive about their strengths. >> feedback from friends and trustworthy coworkers can be helpful. job fairs offer free correct teaks if you're not sure about the quality of your resume it is

all things to keep in mind as jobs are hard to get. >> a lot of people don't have jobs. which is why the number of americans depending on food stamps continues to rise. >> live at the new york stock exchange with the "moneyscope" report. >> hi, eric and kristen. one of those signs showing how tough this economy is. agriculture department saying food stamps went to a record 40.8 million people in may. california 3.2 million households receive food stamps. we have bright news about the job market. faster than expected growth in private jobs here. 42,000 jobs basically what abc says was added. still sluggish but a little better than expected and showing some growth out there. getting a little positive tone to things here this morning. here's how the numbers look at the moment. the dow about 30 or so and s & p up 4, nasdaq higher by 13. the bloomberg silicon valley

valley index trading up about 4 points. watching intel here today. the federal trade commission announcing the chip maker has agreed to settle its anti-trust case. there's a press conference at the top of the hour. more details then. and motorola planning to release a tablet computer based on google android software. it will be similar in size to the i-pad and feature television services marketed with verizon. the tablet will be available in time for holiday shopping. speaking of shopping, the national retail federation says the average family will spend about $600 on back to school. one place you can get away with spending less is i-hop. i-hop's bringing back its kids eat free offer. kids can eat a free meal with each purchase of an adult meal every day this month from 4 p.m. to midnight. the just for kids menus, cheeseburgers, chicken strips and funny face and silver dollar

pancakes. i'm jane king. i want a funny face pancake. shouldn't be just for kids. >> i'll make one for you. >> thanks a lot. >> good! >> a huge piece of public art is going up right now along the san francisco waterfront. this is video of the installation of the 40 foot ray gun gothic rocketship near pier 14. artists worked on the installation all night. they plan atlantic a debut party friday afternoon. caused a big stir at burning man. it will be on the embarcadero the next 14 months. if you have video you can share with us you can upload it or e-mail it. since they shot that, you know, they've built a lot more of that rocketship. >> yes. i imagine conditions too cloudy for the blastoff today. >> yes, i guess buck rogers is going to have to wait a little longer in his retrorocket.

here's a look at sfo this morning. look at the clouds, how low they are. that thicker marine layer deck is here and so are delays into sfo of nearly 50, 55 minutes. check out our flight tracker to see those specific flights affected. let's talk temperatures. we're in the 50s. no big surprise there. low to mid-50s in the north bay valleys through san francisco to half moon bay. mid to upper 50s through the south bay. cloudy conditions around the monterey bay and into gilroy and salinas. the cooling will be greatest today in our inland neighborhoods. we'll have thicker low clouds and drizzle tonight and temperatures will be below average all seven days of the forecast. you see around san francisco we have one of the lesser drops, about 1 degree. santa rosa 2 degrees, 3 san jose, concord inland, especially the east bay valleys, the

biggest drop, about 7 degrees. from 89 to 82. definitely won't need a. c. today. 5:00 this morning through 8:00 the clouds thicken. they push deeper into the central valley. by noon mainly back along the coast and the east bay shore. by 1:00, 2:00 starting to see the east bay shore clear a little but cloudy along the coast and into san francisco. 50s and 60s dominate the bay and the coast. 70s. a few sprinklings of 80 inland. from low to mid-80s. 90s from yesterday completely out of the forecast. we have a lot of 60s on the east bay shore. richmond to oakland to newark, union city, fremont. hercules 70. low to mid-70s through the south bay. los gatos possibly 80. mid to upper 60s millbrae, san mateo, menlo park. but mid to upper 50s along the coast. clear lake and ukiah low to

mid-90s. cloudy and 60s, low to mid-80s gilroy and morgan hill. the rest of the state, the cooling his sacramento, 87. chico and fresno mist 90s. tahoe 81. your seven-day. near the 80 degree mark inland all the way through sunday. near 70 around the bay. mid to upper 50s at the coast. frances. >> all right, mike. a heads up bart riders, especially in the east bay. hearing about an obstruction on the track and causing 10 to 15 minute delays throughout the south hayward or union city stations right now in both the richmond and fremont direction. other transit systems so far look good. also a structure in mill valley. chp providing traffic control edgewood avenue. look for that 101, traffic flowing well. outside you'll find a pretty good ride across the golden gate bridge with low clouds and fog in the distance.

bridge toll plaza, metering lights are on but there are no delays. you always find the latest at abc7news.com. eric, kristen. >> frances, thank you. >> recapping top stories. a federal judge will issue his ruling on the constitutionality on proposition 8. the ban of aim sex marriage. >> terry mcsweeney with the latest. >> the question is can california define marriage as between one man and one woman. today we get federal judge vaughan walker's take on that. he's posting tis decision online sometime between 1:00 and 3:00 this afternoon. the trial took place back in january. closing arguments took place in june. today we get the decision. the federal trial has two same sex couples, one from berkeley, vowing to sponsor prop 8. the couple say this proposition violates the right to equal treatment.

supporters say it is a reasonable way to preserve traditional marriage. most legal experts are expecting the judge to rule against proposition 8. in fact, those in favor of prop 8 already asking the judge to leave the same sex marriage ban in place while an appeal is heard. that next appeal will be the 9th u.s. circuit court of appeals, the loser expected to take this to the u.s. supreme court. a march today starting in san francisco's castro district. goes over to civic center plaza. a rally there starting at 6:45. david boys, the attorney for the anti-prop 8 forces says he expects this to be at the u.s. supreme court sometime in the fall of next year. other top stories, let's go to theresa garcia. good morning, theresa. >> good morning, terry. in the heart of silicon valley, the top news out of city council is pot, pension and arbitration. what it always boils down to is money. city council approved 7-4 to put three new controversial measures

on the november ballot. one measure calls for limiting bindi bindi binding arbitration. it prohibits arbitrators from increasing benefits to police and fire unions by more than the rate of growth and revenues and not allow pay and benefits fits to be raised retroactively. they approved a pension reform measure. that amendment would allow council to lower retirement benefits but only workers hired after 2011. 30 years of service can require with a pension of 90% of their highest year's average salary. the civilian employees get 75%. there's a third revenue-related measure approved for the ballot and that is a medical marijuana business tax. if passed, it would have a tax up to 10% on medical marijuana sales in the city. come november it's all up the to the voters to decide on pot, pension and arbitration. theresa garcia, abc 7 news. >> final check on weather and traffic.

mike? >> yeah. real bummer if you're trying to tan today. (laughter) >> won't see much sunshine until late in the afternoon. look for it around the coliseum at 12:45 and especially by the time the game ends at i'd say about 3:00. 61 to 66. your seven-day forecast, even cooler tomorrow through the weekend. frances? >> all right. mike, we'll start with bart delays. 10 to 15 minutes through south hayward and union city stations through the obstruction of the track heading towards richmond and towards fremont. bridge toll plaza delay-free. a pretty good right there. no problems getting there on interstate 80 through berkeley as you make your way westbound. there was a stall reported in the eastbound direction but that's being cleared quickly. so far just some of the usual slowings in the usual spots. not bad overall. >> thank you, frances. a checky forecast. thank you for joining us. thank you for joining us. >> the bottom of

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