america" or any time at abcnews.com. >> thanks for watching and have a great weekend. ♪ i'm terry mcsweeney live in antioch where police are all over the scene out here. what we are hearing is a shooting involving a police officer. the story coming up in a live report. >> the sponsors of proposition 8 have filed an appeal to the judge's ruling to allow same sex weddings to resume next week. >> a live look from downtown san francisco. notice the clouds not as thick as yesterday, not as widespread. it's a dry commute. how it will be cooler tomorrow but warmer all the way into next week.

>> a dry and light commute this morning. here's says live shot of the san mateo bridge. traffic is light. but if you're getting out of town on i-5, i have a potential delay. >> it's 4:30. i'm kristen sze. >> i'm eric thomas. 4:31 now. in the news, developing news, antioch police are investigating an overnight shooting involving a police officer. details are sketchy at this hour. terry mcsweeney is live in antioch with details. terry? >> yeah. i can tell you that d. street between lawton and railroad is closed as police investigate this incident. as you can see behind me, we've got five, maybe six antioch police cars out here and they have been out here for hours. what we are hearing from unconfirmed reports, antioch police not having a moment to speak to us yet, but unconfirmed reports say there was a shooting out here sometime between 12:30 and 1:30 this morning. and an officer did the shooting. we don't have any reason to

believe an officer was shot. an officer did the shooting. from police we're not getting much. we've been talking to neighbors and they have been saying that there was a police dog shot. and that an officer respond police department with gunfire of his own and shot someone out here. we know that a life flight was called for and then it was cancelled. exactly what that means, we're waiting for antioch police to clarify for here. neighbors say here on d. street near railroad and lawton, it is not unusual to hear gunshots. last night they heard them, some watching tv didn't even get up to check it out because it is so common. they heard police responding. they came out to look things over and anyways when they started getting reports of possibly a canine shot and a officer responding in kind and shooting the suspect. those are from reports. we are told that a lieutenant is going to be coming over here shortly.

we'll have that for you 30 minutes from now on abc 7 morning news. terry mcsweeney, abc 7 news. >> terry, thank you. the sponsors of california's gay marriage ban have asked an appeals court to stop a federal judge's order allowing same sex weddings to resume next week. court papers were filed last night with the 9th circuit court of appeals in san francisco. prop 8 supporters are asking for the marriage ban to stay in place until the u.s. supreme court can have the final say, but that process could take years. u.s. district court judge vaughan walker ruled yesterday gay couples could begin marrying by 5 p.m. next week. legal analyst dean johnson says the late challenge to the ruling was expected. >> the only surprise here is that it took as long as it did. i would have expected that the prop 8 lawyers would have had their associates with the papers ready to file as soon as judge walker's decision was announced. >> meanwhile judge walker is questioning whether gay marriage

opponents actually have the legal standing to appeal because they wouldn't be affected by the ruling and they were not the ones named in the lawsuit. the state of capitol hill was. governor schwarzenegger has refused to defend prop 8. if the 9th circuit court of appeals allows same sex weddings to resume, clerks offices arounds the state intend to be ready. contra costa, santa clara, los angeles and san diego counties say they will issue marriage licenses to same sex couples if they are allowed to. lisa amin gulezian reports on the contingency plan. >> it was hanging in my closet until i got the call to be on stand by. >> he rushed to the santa clara building expecting to do what he loves most. >> i believe in marriage and people getting married. i think it's great to see these people that are happy when they leave. >> he started volunteering as a marriage commissioner in 2008 when same sex marriages were

legal. he hoped the stay would be lifted. >> we got there at 9:00 because we wanted to be the first or among the first to get a marriage license in santa clara county. >> so did brian fiorina and duke koo. >> you can check and see there a groom there and a groom there. >> and the couple filled out their marriage application and waited. then the roller-coaster ride started. >> everyone in tears, getting real excited but a couple minutes later we found it couldn't be until at least next week. >> this is just a bump in the road. >> this is how the couple of five years is getting through the next six days when the stay might be lifted. they've already changed their facebook.com wedding invite page reflecting the new date and time. >> i know things could happen between now and then so we'll keep our fingers crossed. >> but at the county clerk's office, they're prepping for a busy weekend. >> we're going to stay open way past 5:00, up to 7:00.

>> that's four hours later than usual. and others in the chapel, three rooms will be decorated and ready for weddings. they will be, too. in santa clara county, lisa amin gulezian. >> back up for next week. >> abc 7 news. >> it's 4:36 now. governor schwarzenegger says he will appeal a ruling that ends furlough fridays for 200,000 state employees. yesterday's decision suspends the governor's efforts to force workers to take three unpaid days off a month until the state has a budget. the furlough fridays that began last year cut workers' pay by 14%, a very tough hit by some employees. >> i had to move out of my apartment and live with my family. and it's just -- it was just scrambling for times we didn't -- >> the state supreme court upholds this and furloughs don't go forward. we are looking at other things. looking sat four or five furloughs in september. can't do furloughs, we're looking at layoffs and pay cuts.

>> so today will be day 44 of the budget stalemate. california is facing a $19 billion deficit. >> san francisco police need your help to find the man they believe kidnapped and sexually assaulted a woman. the victim told police her attacker approached her while she drove her gulf like this one. the ordeal began early saturday morning at california street and vanness avenue. she described her attackers as hispanic men in their late teens and twenties. one was named oscar and wore a baseball hat. he was apparently celebrating his 18th birthday. the other attacker, johnny, stands 5-7 and weighs 150 pounds. a third heavy set man drove the car. >> u.c. berkeley will modify a controversial testing program after officials found it violated state law. the program called bring year genes to cal, g-e-n-e-s, would

affect about 5,000 incoming freshman and students who received saliva kits over the summer. the university promised results for three common variants if they returned the kits on a voluntary basis. >> the biggest concern is that when people get genetic information, they often will misunderstand it. and if someone gets a piece of information about their genes without a good chance to have it explained to them by an expert, they may misinterpret it in ways that hurt them. >> so far about 600 students have returned the kits. researchers plan to continue the dna tests but they will only release the results as aggregate findings this fall. >> san mateo county has confirmed its first case of the west nile virus this year. officials found a dead squirrel july 28th, tested it, and found it was carrying the virus. they didn't give a location but said people shouldn't panic because the county gets up to five cases per year. you should drain standing water

regularly and avoid activities at dusk and dawn for best prevention. >> in the south bay, the santa clara control district will conduct its third and final aerial survey of the year today looking for mosquitoes breeding grounds. teams will fly over urban areas throughout several cities in the county looking for neglected swimming pools and other possible sources that could harbor mosquitos. despite lower than average temperatures this summer, the west nile season is very active and they want to make sure mosquitos don't breed and spread the virus. surveys conducted in may and june identified more than 750 half empty swimming pools that needed inspections. >> we're going to get to the weather forecast in a second but now breaking news that could have a major impact on the east bay commute. >> what's going on, frances? >> this sounds like a really bad accident, an overturned big rig on westbound 580 which is what the commuters use coming out of tracy into livermore. they're reporting it past north livermore avenue blocking at

least a couple lanes. we have a couple chp and emergency crews heading to the scene so this could be a really bad ride. for those of you traveling later on, you may want to consider first street as an alternate. right now it's 19 minutes from 205 to 680 but this could be really horrible so you may want to consider ace train as an alternate. so far they're reporting no delays. i'll keep on eye on this and let you know the very latest information but for today we have warming with mike. >> thank you very much, frances. let's talk about those temperatures that are waiting for you outside right now. some areas slightly warmer like antioch 64, los gatos 61. low 50s up in the north bay valleys, mid to upper 50s for the rest of us. you see los gatos one of the biggest jumps, 11 degrees warmer than this time yesterday. antioch 8, 2 fairfield and redwood city and the rest of us within a degree of yesterday. things a lot like yesterday. sunshine by noon just about everywhere. even some pockets of sunshine

along the coast today but still cool 59 degrees at half moon bay, 63 san francisco. richmond 64. 69 oakland. low to mid-70s through the rest of the bay and peninsula. san jose mid to upper 70s, same thing the north bay valleys. in the east bay valleys, mid to upper 80s. so things are looking more like summer today. accu-weather seven-day forecast, a little sea breeze and a few more clouds so temperatures drop about 2 to 4 degrees tomorrow. but then we'll gain all that back and sunday will look a lot like today and monday, tuesday, wednesday and thursday of next week temperatures will be a little above average with middle 90s inland, 80 around the bay and middle 60s at the coast. kristen, eric? >> a little see-saw action but generally upper trend. thanks, mike. >> still ahead, finding out today if the oil well in the gulf is permanently plugged. >> it might soon be illegal for merchants to charge a fee to customers who use a debit card. >> dr. laura apologizes for

using a racial slur s 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.

welcome back. i'm frances dinglasan with breaking news in livermore. there's an overturned big rig on westbound 580 approaching airway. it's blocking at least a couple of the left lanes. traffic is quickly backing up. emergency crews are on their way. it's going to be a big mess for your morning commute through livermore. you may want to consider alternates. more news with kristen. >> 4 mph through that area? thank you. we'll check back. test results are expected today that may show that b.p.'s well in the gulf of mexico has already been sealed. the tests were performed on last month's static kill when drilling, mud and cement were forced down the top of the well. the tests are checking pressure inside the oil well so so -- so officials can tell whether more

is necessary. the government estimates the well has spewed 206 million gallons of oil into the gulf of mexico. >> a measure to ban businesses for charging a fee to consumesers who use debit cards, it would prevent businesses from charging one price and adding a fee to the purchase if it's paid with a debit card. it was opposed by small owners subject to fees charged by payment networks every time a credit or debit card is swiped. governor schwarzenegger has not taken a position on the measure. >> radio personality dr. laura insists she's sorry for using the "n" word for the national show. the apology after she said it several times during an on-air exchange during her show tuesday. she accused a caller named jade to be hypersensitive to racism. complaining about her husband's

friends making racist comments about her inside her home. the doctor was so upset she took herself off the air the ends of the hour and did not finish her show. >> it's 4:45 now. coming up next, why it may be a lot harder to find a public pool in the east bay as the weather warms. >> an internet plan that will have one group protesting outside google headquarters in mountainview today. >> how these three kids were able to roam [ female announcer ] to do well, kids need to eat well. and eating well means getting enough whole grain and calcium. and general mills big g kid cereals can help. did you know it's the only leading line of kid cereals with at least 8 grams of whole grain and a good source of calcium? cereals they already love, like lucky charms and cinnamon toast crunch. give your kids more of what they need to be their best. grow up strong. with big g kid cereals. ♪

but this is warm, fresh-baked strawberry toaster strudel.

[ music ] see the difference? pillsbury toaster strudel, the one kids want to eat. ♪ whoa! do you know what our favorite part of shooting hoops is? 3...2...1... overtime! ♪ ♪ we're the kids in america ♪ oh, oh, oh 4:48 on this friday. the heat is on. sounds like a broken record in the sprawl plains into the midwest, 104, dallas 101 and st. louis breaks to the northeast, 75 boston and heat building through the west. port land 92, seattle 83. good news if you're leaving us. all our major airports across the lower 48, no dedays.

that huge area of weather arounds chicago. kristen. >> mike, thanks. it's 4:48. a group plans to rally for internet neutrality outside google headquarters in mountain view later this morning. the internet freedom defendsers oppose the joint proposal to the federal communications commission. that plan would create a two-tier web. we've been talking about this -- featuring a plain for big business and slower public internet. activists argue this would restrict free speech and let big corporations control the internet. google insists it's been the leading corporate voice on net neutrality for the past five years. moveon.org is one of the organizers of today's protest. >> yahoo and microsoft want to launch a joint venture by october in time to take advantage of increased online advertising during the holiday

shopping season. people selling ads from both companies and yahoo years relocating the microsoft offices around the world. this after two years after yahoo spent $79 million to fends off a hostile takeover by microsoft. both firms want a bigger share of the online search market dominated by google. >> southwest airline's policies are questioned this morning because there are some children who took flights without adult supervision. this after three kids ages 11, 13 and 15 booked themselves on an airline adventure without their parents' permission and took off. >> they're still unpacking after a real spur of the moment trip. three under-aged kids who flew from their hometown of jacksonville, florida, to nashville, tennessee. 13-year-old bobby nolan asked their friends tuesday morning if they wanted to hang out.

bridget texted her idea for a flight to nashville after saving $700 from babysitting. the tickets cost $238 for an afternoon flight so bridget, bobby and her 11-year-old brother called a cab and rode to the airport. they bought their three tickets at the counter. >> we paid and put the little -- the flight things on the bags and then he said you better run because you might miss your flight. >> the kids say nobody asked about their parents, nobody even asked for identification. >> we just took our stuff out of our pockets, shoes off and went through it. they didn't say nothing. >> on board they snacked on free pretzels because they only had $40 left. at dinnertime bobby's parents called him to come home and got his voice mail. a neighbor told them a cab picked up their kids earlier. after calling cab companies to find out where they went, the phone finally rang. >> he called, said we're in nashville and ready to come home. >> they boarded another flight in nashville and flew home,

another $700 down the drain. southwest airline says its policy allows 11 year olds to fly as long as someone age 12 or older is flying with them. abc news, new york. >> it's 4:52 now. thousands of sonoma county residents could now face a major increase in water rates now that the raised concerns at a state agency that investigates utility prices. the san francisco chronicle reports the division of rate pair advocates filed a formal protest against the request by california america water to raise prices for more than 600,000 customers across the state. it includes a rate hike on some 2400 households in sonoma county by 37% over the next two years. officials at the company say they want to dig a $2 million well to offset mandated reductionings in the rushin' river. >> the cool temperatures we've been having aren't the only thing stopping alameda county

residence from taking a swim this morning. health officials have temporarily closed several public pools to enforce safety regulations. 40% of public pools are not complying with the law that requires new drain covers to be installed. those prevent swimmers from being sucked into the drain or being trapped in it. definitely time to think about pool safety. >> time to start swimming again in august. haven't done that much this summer. 4:53. the crash that could affect your commute in the east bay. >> eric, kristen, chp is saying now they don't know when lanes will be reopen on westbound 580 approaching airway build because of this overturned big rig. they're sending two heavy duty rigs to upright the rig you first. but cement bags are in the lane, boxes of clothing and asking for you crews with shovels. big delays for folks coming out of the tracy.

traffic absolutely jammed as you approach the scene, 4 mph. but as you make your way past first street, notice it's moving at 75 mph. you may want to get off there and get back on after airway connects on to 680. the drive time has grown as twelve. it's already about a 10 minute delay and most of that delay is right near the scene. of course, you can stay on top of drive times and even get other drive times for your ride to work by going to abc7news.com and just click on the bay area traffic link. mike's got some warming in store for us today. hi, mike. >> hi, frances. thank you search. good morning, everybody. a look at our friday morning sky from downtown san francisco all the way over to parking lot port of oakland. what we're dealing with, some clouds but not nearly as thick as we talked about yesterday that they would be today. not nearly as thick. and not as moisture-laden. i didn't run to any drizzle. no one's told me they have here at work and you know they would if they had. 64 antioch, 61 los gatos.

50 degree weather for the rest of us. around the monterey bay and inland mainly cloudy and 53, 54, 55 degrees. sunny and seasonal arounds the bay today. a few pockets of sunshine arounds the coast but still relatively cool. a cool breeze will hit us tomorrow and linger the clouds a little. the summer warmth begins on sunday. temperatures next week actually look to be well warmer than average around the bay and especially inland. here we are at 5:00. the clouds would be widespread watching the east bay valley. good place. i didn't see a single one driving in today. too bad. 8:00 this morning, we've seen the farthest extent of the clouds. you can see by noon they're already retreating back to the coast. that's where they hang out during the afternoon. more widespread 80s in our east bay valleys. everybody in the mid to upper 80less except dublin. a little breezy for you.

low to mid-70s on the east bay shore. the south bay mid-70s around sunniville and milpitas. 78 san jose. 69 millbrae. low to mid-70s the rest of the peninsula and the coast in the upper 50s today. downtown south san francisco sausalito in the mid to upper 60s. 72 san rafael, 75 petaluma and upper 70s to near 80 for most of the north bay valleys. we'll have still mid to upper 50s at your beaches. monterey, carmel, the cool spots. looking arounds the state, starting to warm in the central valley, sacramento 88 back to upper 90s fresno. tahoe sunshine and about 79. l.a. afternoon sunshine about 80. two and a half games behind the padres. first pitch at at&t park, clear earlier, 65 and the clouds roll in towards the ends of the game

at 59 degrees. seven-day forecast, about 2 to 4 degrees cooler tomorrow everywhere and sunday will be a lot like today and a look how much warmer it is mondays, tuesday, wednesday and thursday of next week. may need air conditioners inland. near 80 around the bay and mid-60s at the coast. have a great weekend. here's kristen and eric. >> thanks, mike. >> ahead on abc 7 news, a hospital ends the year in the black but still plans to lay off 150 employees. >> the latest from antioch where police are on the scene of a shooting that may involve one of their own officers. >> and no friday furloughs. thousands of state employees are ordered to show up for work today. another setback for the governororororororororororororor

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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.