and they're asking for at least 50% of your entire fortune. >> they're going to get the mo ♪ in the news this thursday morning, san francisco police investigate a shooting involving a federal agent. it happened during an apparent robbery in the bayview district. >> gays and lesbians celebrate through the night as a judge are strikes down same sex marriage in california. >> clouds hanging low and full of moisture. we're off to a drizzly start this morning and we're going to talk about cool weather through the weekend. >> here's a live shot of 101 and 880 in san jose. scheduled road work and a new accident reported in oakland. i'll have the details. >> dozens of a. c. transit drivers continue to call out sick despite a judge's favorable

ruling. service may not be back to normal until sunday. >> good morning, everyone. i'm terry mcsweeney. >> and i'm kristen sze. thanks for joining us. our top story, developing news. san francisco police are investigating an attempted robbery on an offduty irs agent. he shot and wounded one suspect. it happened in the bayview district. the irs agent was approached by suspects in a robbery attempt and opened fire hitting one of them in the torso. he is expected to survive. police detained another man as another possible suspect. officers are still on the scene trying to determine if there was a third suspect involved in the shooting. more in a live report coming up in our next half hour. >> a federal judge is now expected to decide tomorrow if a temporary stay will remain in place barring same sex couples from marrying. this after a ban on same sex marriages in california. judge vaughan walker wrote the

evidence shows proposition 8 does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same sex couples. the stay preventing coupling from marrying could stay in effect until the entire appeals process is completed. >> that could be two or three years assuming this goes you'll the way through the 9th circuit and supreme court. >> judge walker's a victory while supporters of prop 8 accuse walker of judicial activism. >> but tomorrow will feel different because tomorrow i will have a sense of security that i haven't been able to experience in the past. >> this is the second time they've spoken on marriage and this is just another example of judges taking over and, you know, democracy. >> couples walked from the federal court to san francisco city hall to get marriage

licenses when the city was read but that stay prevented them from doing that. prop 8 support supporters will now appeal. >> the bay area's gay and lesbian community gathered in the castro last night to celebrate the historic ruling. amy has more. ♪ >> they've waited almost two years for this party. when they heard that prop 8 was overturned, gay rights activists decided to close down castro street, bring the house music outside and dance in the street. >> all those years and all this struggle. finally, finally will have their right to marry again. >> and the celebration wasn't limited to the castro. ♪ >> in front of san francisco city hall, an impressively coordinated dance routine broke

out right in the middle of the street. >> everybody came out and did the initially march down here. solidarity. >> gay rights activists made themselves very vestable in the city after the ruling. they rallied on the steps of city hall and walked there from the castro. they were celebrating but also demonstrating. >> we still have work to do, right? >> frequently included the point that this fight isn't over. one couple found that out just minutes after the ruling. >> the march to city hall and asked for marriage license, fill out the form, but then we were nine minutes late because there was a hold. >> the judge put a hold on issuing licenses and may leave it in place while the case is appealed. but vanessa is not letting that dilute her joy. >> gay rights activists say they're well aware there will be appeals and this case could make it to the u.s. supreme court and they say they're ready to fight.

but for now they want to savor this victory. >> the candidates in california's two biggest races reacted to the decision that allows same sex marriage. in the governor's race, democratic attorney general jerry brown released a statement via twitter saying proposition 8 violates the equal protection guarantee of the 14th amendment of the united states constitution by taking away the fight of the right of the same sex couples to marry without sufficient governmental interest. meg whitman said i believe marriage should be between a man and a woman and we have a very forward-looking civil union law. california's u.s. senate candidates split along party lines. barbara boxer applauded judge walker's ruling while carly fiorina said the voters spoke clearly when they approved prop 8. we have posted the entire 138 page document on our website, abc7news.com, under "see it on

tv." you'll also find more reaction to the ruling as well as photos of the celebration at city hall. >> we know this morning oakland will have a new mayor next year. the race will be wide open now that ron dellum says he will not run. he was elected to the berkeley city council in 1967, served 27 years in congress. he has been an absent and inacceptable mayor. >> i'm happy to see he's not running because i don't think he's been, you know, much of a mayor to begin with. >> we haven't seen anything he's done in the community to make me, you know, really want to reelect him or to encourage him to stay. >> dellum says he's not running for personal reasons. he says he obtained millions for the city and helped settle the waste management sanitation strike back in 2007. his exit puts jean qwan and state senator out in front at

the mayor's race. >> a man will return to court today to enter a plea in the pitbull attack that led to the death of his two-year-old step grandson in concord. he died after three dogs attacked him outside the garage of his family home in concord july 22nd. he faces two felony charges. he had his own lawyer during his initially court appearance. he could face six years in prison. >> system-wide delays will ends on sunday when it switches back to its old driver work rules and bus schedules. a judge sided with the driver's union after a. c.'s management imposed a new contract on its workers trying to save money. the district claims between 150 to 200 drivers have been calling in sick two weeks daily as part of what the agency calls a sick-out. they have been said to

exaggerate absentee figures. >> in san francisco a dozen community escorts will be available to accompany muni riders home from major transit stops in the bayview and valley neighbors. the two stricts are high-realtime areas. safety teams in neon vests and armed with cellphones will be there at muni stations. the escorts are through a program created from federal stimulus money. >> 4:38. feeling a little misty this morning. >> misty on the golden gate bridge on the way in today. >> did you use your windshield wipers? >> twice. i knew you'd ask. >> even my neighborhood. you'll see how deep the marine layer is. it is cooler this morning and that lower start is going to mean even cooler temperatures this afternoon. could set some records in some

areas for coldest high temperatures and record lows like in oakland, 53 i think is the record this morning. we set one yesterday. we're getting close with low to mid-50s around our neighborhoods again. this afternoon, look at this. only 58 in san francisco. 56 in half moon bay. we'll have temperatures in the low 60s to mid-60s richmond, oakland, upper 60s fremont, palo alto and san rafael. low to mid-70s in the south bay. low 70s in the north bay valleys. and mid to upper 70s in the east bay valleys. temperatures running 10 to 15 degrees cooler than average. let's see how long it lasts with your accu-weather seven-day forecast. we'll have temperatures below average all the way through the weekend. there is a light at the ends of the tunnel. it would be some warm sunshine that probably won't hit until thursday and friday, maybe even next weekend. all right. early morning. let's find out how the commute is. >> first start with the good news. the earlier accident reported in

oakland on southbound 880 is all gone but major closures through the connection ramp in hayward. right now north 880 to westbound 92 is closed until 5:00 this morning. you may want to take winton and cut to 92 that way or there's a few options for you as well. eastbound 92 coming off the san mateo bridge to northbound 880 is closed until 6:00 this morning. let's head to the south bay and check out the 101 and 880 interchange. southbound 880, that connection ramp closed until 5:30 this morning. terry, kristen. >> thanks. 20 minutes before 5:00 this thursday morning. >> the warning you will now get if paroled sex offender he is give parole agents the slip. >> a mother of one of three hikers in iran makes an appeal for a serious medical condition she says her daughter may be suffering. >> taking a sip of beer or wine could cost you more in san francisco. the financial boost the city

would get from a booze tax.

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welcome back, everybody. you're looking from the rooftop camera down here near the embarcadero. the ferry building and the bay bridge. overcast this morning. i'm not sure the coast is ever gonna get un-over cast. >> un-over cast. >> a brand new word, just in. >> when you play scrabble, right? sarah shore the u.c. berkeley graduate has discovered a lump in her breast. that's after a call from her daughter. she's appealing to the human rights panel to intervene with iranian authorities to move sarah out of solitary confinement. they were arrested a year ago. one is now her fiancee. after accidentally crossing into iran on a hiking trip. they have yet to be charged with a crime. >> starting soon, the public is

going to be notified whenever a sex offender evades assumption. governor schwarzenegger signed the order after two recent incidents in southern california where parolees allegedly attacked teenager girls after tearing off ankle bracelets that provided agents with locations. the public will probably be notified via a public website. >> a fee for alcohol sold got mixed reaction at a supervisor budget committee hearing. the fee would raise an estimated $16 million to cover city-funded public health costs associated with alcohol abuse. but nightclub and restaurant owners say the fee would likely be passed on to customers and hurt business. the san francisco chronicle reports the fee would add about 3.5 cents to a bottle of beer and a nickel to a glass of wine. the full board is expected to take up the issue next month. >> some of california's top chefs are going after some of the biggest names in olive oil.

up next why the chefs claim they and you are being cheated. >> the senate prepares to vote on elaina kagan's nomination to the u.s. supreme court. why the outcome won't surprise many people. >> first came the mud. now comes the cement. and b.p. works to kill the well once and for all. that story coming up. >> and a world-famous soccer team makes its american debut at candlestick park. fans go wild.

you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey

and half a day's worth of fiber. you care about my fiber? not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes. >> temperatures over 100 and heat index 110 to 115. 110 in phoenix but wouldn't feel like it. still probably 100 but still hot. the seattle portland area upper 70s for you. see if there's any delays. doing pretty well with all our major airports. we have severe weather that will

threaten denver, boston, new york and boston. we'll keep an eye on your flight. >> the u.s. senate is expected to confirm the nomination of elaina kagan to the supreme court. five republicans have signalled their intention to vote for her which would prevent a filibuster. one democratic is expected to vote against her. kagan will be the fourth woman to be a supreme court justice and the first time three women have served on the high court at the same time. kagan would succeed retired justice john paul stevens. >> the gulf of mexico oil spill has finally flooded after three and a half months that sent oil spewing into the gulf. b.p. will start the next step by cementing the damaged well and then complete the relief well. >> 2300 barrels of mud killed the well and now the insurance

begins. >> sort of the beginning of the end of the sealing and containment phase of this operation. >> today b.p. will pour a column of cement nearly 2 football fields long on top of the mud. the first relief well could be ready in two weeks adding to government confidence that no more oil will leak into the gulf. >> a long battle to stop the leak and contain the oil is finally close to coming to an end. and we are very -- (applause) >> pleased with that. >> 108 days into the oil spilling it long-awaited, welcome news. >> it was finally accomplished after all this time. >> government scientists say three-quarters of the oil spill has evap waited, dispersed or been captured from the water. >> 26% of the oil that was released would be the equivalent of about four exxon valdez's. still a lot of oil in the gulf. >> it's going to take a while to get the confidence back.

>> fishermen worry it will take time to trust local seafood and for some businesses a killed well comes too late to salvage a lost tourist season. >> we have to go out of business with the window of opportunity, the hundred days of high volume did not happen. >> the government says 650 miles of gulf coast shoreline have some oil right now, more than 31,000 people still working to clean up the coast. emily schmidt, abc news, washington. >> a lot of people are talking about they'd sure like more summer feeling. >> what was that? >> i want that summer feeling. >> is that what that is? (laughter) >> that was encouragement, mike. a form of encouragement. >> hopefully you're not getting threatened. >> most people don't recognize when i'm not wearing a suit. (laughter) >> hide your face. >> don't kill the messenger!

>> 4:51. almost there. cloud, drizzle once again. clouds that are going to bring the cooling even more so today than it did yesterday. let's take a look at those temperatures. we're off to a cooler start with low 50s up in the north bay through san francisco into half moon bay. pretty much mid-50s around the bay into the east bay. mountain view and san jose technically 57. monterey bay and bay inland temperatures low to mid-50s with cloud cover also. so more clouds today, less sunshine. record cold temperatures not only in the morning but possibly in the afternoon. cloudy and misty tonight. drizzle will develop. tickest along the coast. we could see drizzle during the afternoon hours today. remain cooler than average all the way through the weekend. 24-hour temperature change, about one degree cooler in san francisco. 58 degrees. oakland 63. that's 2 degrees cooler. same with santa rosa, 3 san jose.

redwood city 7 and concord 8 degrees cooler than yesterday. clouds that continue streaming in from about this morning right now to 8:00. that low reveal by noon. we're still looking at clouds around the bay and to a lesser extent to the north bay. the east bay and south bay should be fairly clean by then. notice 50s at the coast. mainly 50s around the bay. 70s inland. let's take a look at the east bay valleys. 80 brentwood. that's about as warm as we get. we have mid to upper 70s elsewhere. look at all the 60s. the entire east bay shore. we'll have low to mid-70s down in the south bay today. the 60s will dominate most of the peninsula today until you get to los gatos starting to head into the south bay until you get to 72 degrees. mid-50s along the coast with drizzle today. upper 50s for downtown, south san francisco, sausalito barely 61. san rafael and vallejo in the upper 60s and low to mid-70s through your valleys and around the monterey bay upper 50s from monterey and carmel, low to

mid-60s santa cruz, watsonville and upper 70s inland. cool 85 degrees today in sacramento. sunshine and 80 tahoe. hot yosemite and palm springs. triple digits there. back home tonight? no change. clouds, drizzle, mist, low to mid-50s. accu-weather seven-day forecast, we will hover 80 inland all the way through monday, near 70 around the bay and mid to upper 50s at the coast. here's frances. >> mike, you saw reported on the san mateo bridge in the westbound direction but all off to the right-hand side shoulder. here's a live shot where it does look overcast. as you make your way eastbound through hayward, the connection ramp on eastbound 92 to north 880 is expected to be shut down until 6:00 this morning. you may want to continue on east 92 jackson to get back on to 880. the bay bridge toll plaza. no delays right now. a minor wait for a couple of the cars. 680 walnut creek also looking good. problem-free through contra costa county and that's southbound traffic there on the

right heading through the san ramon valley and grade. the 101 and 880 interchange, again where the north 880 connector ramp to south 101 is also scheduled to be closed until 7:00 this morning. get the latest traffic information anytime by going to abc7news.com. the bay area traffic link is under abc 7 extras. terry? >> thanks, frances. 4:54. a group of california chefs are suing ten major olive oil manufacturers. they mislabor ordinary olive oils as extra virgin so they can charge more. the study found only 31% of domestic and imported oils meet international standards for the extra virgin label. the brands include bratolli, palavita, rachel ray and safeway select. >> soccer fans have plenty to talk about after one of mexico's

top teams played one of europe's premier squads in san francisco. check out last night's action at candlestick park. (horns) >> there's no mistaking how the majority of soccer fans here feel about this friendly faceoff. power house team real madrid is making its u.s. debut playing against america, a team most bay area mexicans consider their second favorite behind cuba. >> the mexicans, they've always been big rivals. >> which is exactly why promoters brought these two teams together. real madrid has a star player and name recognition while america has most of the region behind it. >> mexico! >> america! >> americans got nothing on real madrid! we'll see by today. so i told them once they go,

like gonna come on. >> these guys are coming right off the world cup. and just an amazing opportunity. >> soccer fans, this game is about more than just a rivalry. it's about what playing here at candlestick park means. >> it means soccer's important all of a sudden. you know, you see the size of the crowd out here. it's amazing. >> the 49ers stadium. >> that was abc 7's lisa amin gulezian. the game ended with real madrid winning 3-2 on a late goal. >> it seems things are looking up for a parasailing donkey. a russian operator sparked outrage after this video surfaced last month. if you ever saw it, you can't forget it showing a donkey aloft on a power sail. it got worldwide attention. people on the beach said the

animal was braying in fear. the son went out and bought the donkey. it will be brought to britain and cared for in a sanctuary. the parasailing days are over. >> it deserves love and care. >> it does. a north bay wine processor tries to determine how clean did heter gents in some of its prodetectives. >> and a robbery attempt in san francisco turns challenging when the suspects approach a federal agent. i'm theresa garcia live in the hunters point neighborhood. we'll let you know who got shot and what ended up happening coming up. >> and a federal judge strikes down the ban on same sex marriage. why still off limits this is the back to school list. the cost always makes mom freak. mommy. mom, the back to school list is here. looks expensive. graphing calculator, flash drives... that was ey.y. [ male announcer ] get back to school and back to savings on everything on your list at staples.

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