will there be a rush to city hall? today the long-awaited decision on gay marriage in california is expected in a few hours. pouncing on the bounce house. more than fun discovered inside this popular party favor. why it caught parents off guard and has the state taking action. good morning to you. i'm kris sanchez in for laura. >> i'm brent cannon. >> we can't to check in on the forecast. ria is in for rob. she has a look at what we can expect spotoday.

>> good news, even though it will be chilly with some fog and drizzle, things are going to begin to warm up. we may see summer time temperatures over the next few days. we will be warming up in the south bay and by the weekend should be nice. as the day goes on we go from the low 50s to the mid 50s or so. we will be seeing 70s and close to 80s in the inland areas. more coming up in your full forecast. see you then. >> now, let's check in with mike inouye, who is looking rested. >> isn't it crazy what sleep will do after the sun rises? before the sun rises, we have the accident blocking the lane off of the bay bridge. sounds like the accident itself is cleared, but the degree remains. so the off-ramp is close. you may have to head over to the oakland side and loop back. you can see the speed sensors

showing no delays through this portion of oakland. the long-awaited decision on gay marriage in california is expected in just a few hours. judge vaughn walker says he will decide by noon whether to lift the stay that would allow gay couples to marry. prop 8 supporters continue their appeal and vicky nguyen spoke with a couple who are anxiously awaiting today's decision. >> this is the application for the city and county of san francisco. >> reporter: tom watson and jeff, together for nearly seven years. what happens will change their lives forever. >> we're hoping the judge will lift the stay and we can get our license and to be married there during that period. >> reporter: they joined in domestic partnership but say marriage should be considered a constitutional right for everyone. >> to me, it means having the same rights as everyone else. >> last september we had our commitment september. in honor of it we had a portrait

commissioned of the two of us. >> reporter: the couple who met through their blogs say no matter what happens they feel the tide is turning for the better. >> how do you feel right now. >> i feel optimistic. >> reporter: vicky nguyen, nbc bay area news. judge walker's decision is expected to come down between 9:00 this morning and noon today, and expect a lively scene outside the court in city hall with supporters and opponents of gay marriage awaiting today's decision. >> cities across the bay area made their preparations for what could come today. we talked with phil ting who tells us his office will be ready if that stay is lifted. >> we have over 150 volunteers, and we're ready to roll. we are excited. the entire city of san francisco is excited and happy to be allowing all loving couples the

opportunity to be married, assuming the stay gets lifted. >> if the stay is lifted, lawyers behind prop 8 will head to the 9th circuit court of appeals to ask for an emergency stay. supporters argue the ban needs to remain in place to safe guard the traditional meaning of marriage and encourage possible, responsible child bearing. they point out the judge is going against the will of voters who passed that ban in 2008. the u.s. supreme court could ultimately decide the issue within the next two years. we will have judge vaughn walker's decision the moment it happens today on nbc bay area news and online at nbcbayarea.com. a wild police pursuit ended in bay point with a dozen officers surrounding a vehicle, their guns pointed at the driver. the driver had a gun pointed to his own head and officers had reason to think he might turn on them. george kiriyama shows us what happened. >> reporter: guns drawn, this is the dramatic ending to a high-speed chase.

that ended on this normally quiet bay point street. you can see the view from this chopper videos, sheriffs deputies, cruisers filling it in, on the ground this man took video on his smartphone of the surrender. >> they were telling him surrender. you know, they don't want to shoot. they just want to get him out safe. >> reporter: sheriffs deputies say this began as a burglary at this home. inside one of the bedrooms they found a dead man, but the suspect, 30-year-old, prubencio rubio was not there. then one of the deputies spotted rubio's car on highway 4. jeanette ruiz was on the highway at that moment. >> we were merging and he went in front of me. the police were following. he was going slow. >> reporter: the chase ended in this neighborhood near the home where the body was found. >> sirens, so many police cars. they are chasing someone. people are coming in. people are coming out. we didn't know what was going

on. >> reporter: police negotiators took their time with rubio trying to persuade him coming out of his car. neighbor james benda listened in. >> what can we do for you? we're here for you? we're here to make things better for you. we don't want this to end in a bad way. >> reporter: after a while, rubio agreed to come out of his car to the relief of the deputies and neighbors in the area. no bullets, no one got shot. that's a good thing. >> reporter: georgia georgia, nbc bay area news. it looks like rubio was shot, but police say he shot himself in the leg sometime during the pursuit. investigators are still looking to see if there's any connection between rubio and the dead man that was found inside that home. new this morning, we are learning investigator also release fresh sketches of a man linked to three sexual assaults in walnut creek. since january there has been a string of attacks, the most recent tuesday night. police say a 25-year-old woman woke up with that suspect smothering her. she is one of three women

assaulted at the same apartment complex at walnut creek. that woman struggled and screamed scaring that suspect away. >> i feel really bad and disgusted as a mom for the young lady that this happened to. >> a little scared. i'm a single mom and have children. that's why i have people walking with me and stuff. >> that suspect is described as an african-american man about 6'2" weighing 200 pounds. santa clara muslim community will move forward with plans to build a minaret. the planning commission gave approval last night. a resident complained that 564-foot prayer tower at the mosque would be an eyesore and out of character with the neighborhood. last night the planning commission said there is no legal reason to stop the construction. with no budget in sight, governor schwarzenegger will take $65 million out of the general fund for a prison project. that money will go towards a new death row at san quentin state prison. the department of finance says that borrowing the money now

will actually save money in the long run because of the low interest rates and a good construction climate. critics say this is foolish. caltrans is warning without a state budget most of its project also come to a grinding halt. leaders say if there is no budget by september, they may not have the money to pay contractors meaning they would have to suspend work. new contracts would be delayed until caltrans can pay crews. there are currently $9.5 billion worth of projects under way, but another $1.5 billion in projects are on hold. even if there is no construction, mike inouye is a busy guy. >> especially now. >> we will talk to you about that. something other than construction for this particular report. we did have an overnight accident on page mill road near where it intersects with skyline, that's out of most peoples commute, but chp still on scene right near that intersection of an earlier

accident, major injuries reported. the driver of the car taken from the scene. we have the rest of the peninsula moving smoothly. light volume of traffic. a little construction northbound 101 between 3rd and broadway. south bay construction as well. i'll tell you about that in the report coming up. >> rea tar meamina is here withe forecast. we have been below temperatures with the forecast, thing also go up today. 57 in oakland, below-average temperatures for where we should be. the difference from yesterday, well, depending on where you are, a degree or two warmer or cooler. and the wind speeds are not too bad, just a bit breezy out there. nothing too crazy to cool things down like it was a day or two ago. as the day goes on, things will be warming up. mid 50s, they'll be moving up from there by noon. and by 4:00 we'll be at our highs which are not very high.

but the good news is today is the last day of those really cool numbers. there are some good numbers ahead. stay tuned. more coming up in a bit. time is 4:40. is he a hero or a zero? a passenger on that now infamous jetblue flight is telling a different story. and kids love him at birthday parties and -- but they could be toxic. just ahead a warning for parents. and a new smartphone on the market this morning. we will look at the droid 2. give it atl l little spin here tell you what it can do for you. t

looking at the san jose municipal rose garden, a beautiful place. coming up in about an hour, we will talk with bob redell about that. bounce houses are enormously popular at birthday parties, but they are a growing health concern, and now because of how sturdy they are. most lawsuits claim they are made from plastic that contains lead. a lot of parents will be paying attention. >> reporter: the bounce house is a favorite for kids of all ages. >> you like the jump house? >> reporter: there is a hidden danger in this fun. the state attorney general and the center for environmental health or ceh says bounce houses pose a lead hazard. >> me, that's scary to hear that. >> reporter: ceh says the houses

are made with vinyl often called poison plastic because of the lead levels. through independent testing, the environmental watchdog group found some vinyl with levels as much as 70 times higher than what federal regulations allow. >> when kids play in there and they get the lead on their hands or on their face, then if it's at a party, and they go and have the cake and eating part of the party, then it's easy for them to transfer that lead into their mouth. >> reporter: lead effects brain development in children. ceh and the attorney general filed lawsuits against several manufacturers and distributors today hoping legal action will force them to immediately start using vinyl that doesn't contain lead. the attorney general also wants warning signs posted near the fun zone so parents know the danger. a warning joe ruiz says he is always on the lookout for. >> whenever we hear about lead in anything with kids, it's not a good sign and we try to stay away from it. >> reporter: it's no longer just fun and games inside this play

time favorite. >> most experts suggest you wash your clooihild's hands and face after they go for a jump. the latest smartphone hits the market today. folks got a chance to preorder the droid 2 yesterday. it's similar to the droid x. the newer model could lure business away from the iphone because of issues with at&t and because it just costs less. the droid 2 has many of the same features of the original like a 5 megapixel camera, and it also has a faster processor. general motors will release its earnings today. investors hope for positive news that could help the markets bounce back from a triple digit loss. courtney reagan live at cnbc headquarters this morning with a preview. good morning. >> reporter: good morning. right now futures are pointing us in the red for the opening bell after yesterday's sell-off

on fresh worries about the global recovery. the fed downgraded the u.s. economy, disappointing data from china added to this negative sentiment. cisco systems may impact tech stocks today. they're the biggest maker of internet switches and routers. they reported earnings last night and also said customers are uncertain about the economy. cisco is often used as a bellwether for technology stocks. asia stocks fell overnight. we will get data on unemployment benefits and general motors just reporting that they posted a profit for the second consecutive quarter, and they could reportedly file for an ipo on friday. the dow dropped 265 points wednesday or 2.5% to start us off today at 10,378. the nasdaq was down 3% or 68 points to 2208. >> the number of job openings fell for the second straight month in junes that's a sign

that hiring is not picking up as fast as many hoped. the labor department counts openings on the last day of the month gives a rough estimate of how many jobs will be created over the next several months. back to you. >> thank you very much, courtney. the flight attendant turned folk hero may not be such a hero after all. by now you heard steve slater's side of the story but now some witnesses are telling a different tale. another woman on the flight said she did not hear that flight attendant argue with anybody and also says the gash slater supposedly got in the fight was there even before they took off. >> definitely before we took off in pittsburgh we saw something happened to the flight attendant because he had this mark on his head. we didn't see the incident happen. >> two other passengers tell police that the gash was there before as well. slater has been relieved of duty

while jetblue reviews the entry but a blog entry posted yesterday says the company is anything but ashamed of his behavior. it could soon be illegal to sell fur clothing in california without a state label. all clothes with fur must have a label identifying now the type of animal killed and what country it came from. the bill now goes to the governor. current law only requires fur clothing worth more than $150 to include a label and all it has to say is that the garment contains real fur. critics say the new law would burden retailers. dancing elephants, clowns, daring young men on flying trapezes, ringling brothers has come to town. with more than 130 performers from around the world, the circus is back with their first show last night featuring two new performers, bonnie the elephant and her baby named barack. the circus is set up at

oakland's oracle arena through sunday only, then you will have to drive down to hp pavilion for the shows there. a bay area dance group is taking dancing to a new height. there they are. they are 100 feet above the ground on the so-called great wall in oakland, which faces grant avenue between broadway and valley streets. looks like they are actually on the ground, maybe they're above the ground. i'm not sure -- i see. this is on the side of the building. >> oh. >> there you go. i'm getting there. the group is getting ready for oakland's first friday celebration, september 3rd. they performed on the eiffel tower and the new york stock exchange as well. they're not on the roof, they're on the side of the building. >> sometimes you have to back out so you can see. >> we need a wider shot. >> yeah. >> i eventually figured it out. i got there. >> didn't take you too long.

>> no. >> maybe it will be warmer by the time september rolls around. >> the bay area can be. september can be the best month for weather. i have to the taken my weather coat out of the trunk. people were saying it's beautiful weather for january. it's nice here if you're in other parts of the country where there's humidity and too much heat, but i guess it depends. things will warm up but not after a cool morning along with drizzle, low clouds and plenty of fog out there. hopefully by this afternoon in some areas that will be burning off. today it will be mostly mild, warmer in the south bay. that's good news. this weekend, folks, do you see this? 90s, that's right. the 90s are ahead. not just quite yet. right now we're cool, 53 in san mateo. 57 in oakland. in san jose, 59. we didn't cool off quite as much as we have the last few days. the difference from 24 hours ago, just a degree or two

depending on where you live. i debt tomorrow's map will look different. the winds are not bad now either. calm overall. 3 miles per hour on the east bay, a little bit breezier, but nothing too bad that you will need a jacket or sweater. layers, layers, layers. as the day goes on, mid 50s. creeping up a couple of degrees by noon. by 4:00, things will warm up. warmer than yesterday, at least by a degree or two. hopefully even warmer as the week goes on. let's look at the seven-day forecast. it looks like today may be the last day in the 70s for inland. and along the coast, we are in the 60s. barely making it to the mid 60s by the weekend. >> all right. thank you very much. now let's check in with mike inouye who has construction in the south bay. looking at the south bay, talked about many spots for construction. that's what we have, many spots for construction. 680, the montague expressway off-ramp at the top of the

screen may be an issue. also 10th and 11th street off of 280 may be an issue until 6:00 a.m. slowing northbound 101 underneath at 680/280 interchange. look at that off of the 85 split, still slow. at the interchange we see speeds dip. the earlier slowdown, that's started to clear up. those two zones for construction have been an issue over the last few weeks and continue to be this morning as far as the number of lanes that are blocked. that's probably for another half hour. otherwise no big deal. we will take you to the bay bridge and look at the bay bridge toll plaza. the approach looking nice. nice, steady flow of traffic. east shore freeway, not an issue. the lower deck has the treasure island off-ramp blocked. some folks may be coming off that and looping around off the oakland side heading back towards treasure island. westbound approach, that may be the exit you have to use. chp still there after an earlier accident. golden gate bridge, a crew moving here through the area.

they'll move that center divide, move those cones, preparing for the morning commute. right now we can see the lights across the please. ria warned you she had to use the windshield wipers on the way in, you may have to as well. no major slowing and not a lot of cars here. in california, it's no secret we love our cars. in fact, we have more cars per household than any other state. so it's no wonder why car emissions are the number one contributor to air pollution. a new law aims to stop some of these emissions at the source. as tom sinkovitz reports, the fix is putting some gas station owners out of business and you at risk. >> reporter: a quick fill-up. you're on your way. and you're probably not thinking about toxic fumes. this demonstration shows the large amount of gasoline vapors that escape into the air every time you pump gas.

>> gasoline vapors are a significant source of air pollution. >> reporter: that's why the california air quality management district passed a law requiring all gas stations to have these advanced vapor recovery systems called evr. the nozzles trap most of the vapors in, but not everyone is happy about that. >> this project will cost us about 40,000 to $50,000 per station. >> reporter: joe owns this chevron station at stevenson boulevard off of 880. he is all for clean air but says the small businesses can't afford the upgrade, and as a franchisee he is not getting help from chevron. >> a lot of sole proprietors like us, we don't have money to do all these things. >> reporter: if the owner can't come up with the money for the upgrade, they will be shut down. >> that's when i needed to step in to both save these businesses who wanted to comply in good faith and protect the environment to from this mru

pollution. >> reporter: there is a grant, and joe didn't made the deadline to apply, and the funds dried up. >> they put the card in, here comes the gas. >> reporter: spilling a pool of toxic gasoline on the ground right here. >> this nozzle is bad nozzle, we installed it about a week ago. >> reporter: he spends his mornings testing each nozzle to make sure they are not leaking. other gas station owners we talked to say they solved the problem by removing the lock that allows the gas to pump on its own. the new system is not perfect. >> there has been a problem discovered with one of the enhance vapor recovery nozzles. >> reporter: they say the

manufacturer is working on a fix for more than 30,000 faultcy y nozzles installed in california, a joe probably won't be able to afford. >> 90% of gas stations have upgraded their systems. they say that's the equivalent of taking 455,000 cars off the road in terms of pollution. as for the nozzle fix, they say the manufacturer is work hard to find a replacement. one man's fight to change his name to reflect his physical transformation. that story coming up.

a major decision on same-sex marriage is expected this morning. will gay marriages begin later today? surfers want to take back a major competition back to its roots. we'll see the fight brewing over maverick. and we have your live look at oakland, 880. the accident at high street, that's all over, but your morning commute is just getting started. good morning. thanks for joining us. i'm kris sanchez in for laura. >> i'm brent cannon. rob is off this morning but rea taramina is here and she has