at 11:00, a quick fix for a fussy baby. the one a justment parents in the bay area say has made all the dinners. gambling on grades. some bay area students have a new way to make a fast buck. the stay on gay marriages is lifted but not so fast. sponsors of california proposition 8 try to take their fight to the next level. >> i'm diane dwyer.

>> and i'm things. a federal judge says his stay that blocked gay marriage is lifted but not until next week and a lot can happen by then. tonight, lawyers defending proposition 8 asked the ninth circuit court of appeals for a new stay to prevent any gay marriages until the court considers just vaughn walker's ruling that struck down the ban. gay couples who were hoping this would be their wedding day are now waiting until 5 on:01:00 p.m. next wednesday, august 18th. that's when the ban will be lifted if a new stay is not granted. but there is a critical question tonight. does the defense of marriage side have the legal standing to ask for a stay? both sides found something to like and dislike in the developments. jean elle is in san francisco tonight where a lot of couples were left standing at the altar once again. >> reporter: people her in the castro remain hopeful tonight. same-sex couples and businesses are planning for wedding celebrations next week and the constitutional law expert says at this point, prop. 8

supporters face a real challenge ahead. same-sex couples erupt in cheers after hours of waiting, news spread federal judge vaughn walker decided to let marriages resume. >> finally, it's happening. >> reporter: then came the details. weddings can't begin until end of business august 18th. >> i'll be back in another week. >> reporter: while couples wait it out, the legal battle over same-sex marriage moves forward. supporters of prop. 8 appealed walker's decision to overturn the same-sex marriage ban and late tonight asked the ninth circuit court of appeals to halt marriages as long as the case is in court. but prop. 8 supporters are facing a legal hurdle. >> we're down now to the question of whether the backers of prop. 8, what's required, constitutional standing, to be able to bring this appeal. >> reporter: usf constitutional law professor julie nice says legally, the governor and the attorney general should be

fighting for the voter-approved marriage ban but both state leaders filed briefs in support of letting mar hugs resume and now backers must convince the court of appeals it should be allowed to argue the case. >> i think the backers will think carefully about whether they want a ninth circuit ruling that might have more broad effect across more of the western states or whether they want a united states supreme court ruling. >> reporter: prop. 8 supporters can withdraw their appeal. with same-sex marriages possibly on the calendar for next week, the ariga restaurant in the castro is preparing for wedding parties. >> everybody comes together on events like this. >> reporter: right now, everybody is waiting. now, if the ninth circuit court of appeals does not halt weddings by the end of business on wednesday, same-sex marriages can resume all over the state and if that's the case, the assessor record her here in san francisco says he will stay open late wednesday night.

jean elle, nbc bay area news. >> thank you. in san francisco, while some people were cheering the news today others were not so pleased. supporters of prop. 8 say the judge's decision was against public interest. >> the very fact that we have a media circus here not surrounding $7 million voters who already decided this issue, but one -- the opinion of one man. >> he is obviously doing what he wants to do. he's not doing what his boss, the u.s. constitution, wants him to do. he's not going with the normal process of putting his decision on hold in a highly explosive case. >> proposition 8 passed with 52% h of x p.hehe next possibleist. ap oalrspe t ohe. u supreme court has until wednesday at 5:00 p.m. to issue a stay on same-sex marriages. otherwise, at that poinr gin couples will legally be allowed to marry la tefoia. te tonight, backers of prop. 8

asked the court to extend the e. the court has not responded to that request. we'll be following the latest on prop. 8 and the legal maneuvering in the coming days on nbc bay area news and on nbcbay area.com. and if you'd like to read the full ruling by judge walker, we have a link to that on our website as well. governor schwarzenegger is 0 for 2 this week and state work eswill be on the job tomorrow. a san francisco appeals court rejected the governor's call for another round of state worker furloughs today. that move upholds the ruling of an alameda county court. the governor had ordered three furlough days a month beginning tomorrow as a way to save money while the state tries to close its $19 billion deficit. the governor's office says schwarzenegger now plans to appeal to the state supreme court. there's a new sketch of a man who has some people on edge tonight. this is a new sheriff's drawing released today of the man who has assaulted several women in the east bay neighborhood. but it might not be enough.

we've learned tonight that lack of funding is hindering the investigation. nbc bay area's george kiriyama's in walnut creek with how neighbors are taking matters into their own hands. >> reporter: if that lack of money that is prevented the contra costa county sheriff's department into organizing the residents into a neighborhood watch, the crime prevention unit was cut out of the budget a couple years ago. at park regency apartments they have a security guard in front of one of the gates and neighbors say that's not good enough and you may see residents organizing a residents watch. frustration may be an understatement at the park regency apartment complex in walnut creek. residents say there's a sense management is not doing enough to keep them safe. there's talk about neighbors taking matters into their own hands. >> if we don't do it, nobody else will. i mean, they have security, but even since the security's been here, you know, he's still been back. >> reporter: three women have been sexually assaulted in the past six weeks. all three attacks have happened inside their apartments.

flyers of the suspects' sketch has been given to every resident. this woman says neighbors shouldn't wait until something happens to do something. >> it's going to be a little bit of a deterrent i hope. >> reporter: the few security guards around the ten-building complex and the occasional sheriff's deputy car have not put neighbors' minds at ease. some are pushing for a residents watch with floor captains on every level. they say this will help get the word out faster than waiting to hear back from the apartment's management. >> if i was a captain, i could go to my floor neighbors and let them know, something happened, or be careful, did you see anything, whatever the case is, to try to help people out. >> reporter: what angers some of those who live here is the perception the management lacks a sense of you are general seep and a game plan to make every resident feel safe and secure. they say something should have been done from the beginning. >> from the first attack, it should have been done immediately. someone should have organized and took care of this because the fact that this is the third

attack. >> reporter: some of the residents are calling for a safety meeting sometime next week. they'd like to see the management there. the management did not call us back when we left a message for them this afternoon. live in walnut creek tonight, george kiriyama, nbc bay area news. new tonight at 11:00, pet stores can continue to sell pets, at least for now, in san francisco. a commission voted tonight to table discussion of a law to ban pet sales in the city. supporters argue the law would save small animals by encouraging shelter adoptions. opponents say it would kill small businesses. it will be at least five months before the issue comes up again without the go ahead from the commission. the city's board of supervisors won't consider the proposal until next year. more than $100,000 stolen in the blink of an eye. police say a woman parked her car near the jewelry mart in san francisco yesterday afternoon. she says she was carrying two bags full of expensive jewelry when two men forcibly took her bags. the men were reportedly on a motorcycle. investigators say this is one of

seven armed robberies in the city since yesterday. they say they have not made any arrests. bring your jeans to cal, or not. the uc school says it will roll back its controversial plan for voluntary genetic testing of incoming students. the decision comes after a state health department ruling. berkeley scientists reluctantly abandoned the idea to have freshmen and transfer students individually and confidentially learn about three of their own genetic traits. instead, only collective results for all the 1,000 or so participants will be available and discussed at the orientation seminars next month. it's a battle of droids versus java. oracle is declaring war with google over patent and copyright infringement. they say the android system fringes on their technology and they asked a federal court to seize all android products. some are comparing this move to when sun sued microsoft back in

1997. microsoft ultimately paid sun $1 billion. coming up tonight, quick fix or a fussy baby? the one adjustment many parents in the bay area say has made all the difference. higher education with vague as odds? really. see how bay area college students are making money by betting on their own grades. first, a new meaning to the office smoke break. is it exaggeration or will legalizing marijuana change the workplace for everyone? and good evening, i'm chief meteorologist jeff ranieri. 65 in livermore and down in the san jose, 61 for you. coming up, we'll have details on a warming weekend forecast. good evening, i'm raj mathai, late word tonight regarding former raiders quarterback jamarcus russell. what he's saying about his drug use. also, the current raiders, their preseason opener in dallas against the cowboys.

we saw some big plays tonight. don't

showing up to work high on

marijuana? a new report from the california chamber of commerce says that's what will happen if proposition 19 passes. voters will be asked this november whether to make the recreational use of marijuana legal. nbc bay area's vicky nguyen joins us now with more. >> lighting up a joint on the job. how that sounds really depends on who you are and what you do, but opponents of prop. 19 say it could become a reality this fall and they're warning voters to think of what marijuana would mean in the workplace. >> oh, light it up? >> reporter: millions of workers take a smoke break every day, but firing up a bong to go with that doughnut, well, that's what's firing up this state chamber of commerce. the agency says workers could show up high. smoke at work and cost employers millions of dollars in liability insurance. not to mention create conflict in the workplace. >> i'm driving a company vehicle, so personally, i would feel if a co-worker or someone i knew would be smoking weed before, it would be dangerous. >> it would be disturbing if

people would work under the influence. i had should have the same rules and restrictions as alcohol. >> if someone is under the influence at work and is with me, i feel like that puts more pressure on me. like i feel i have to pick up their slack. >> depending on what sort of ailment the patient has. >> reporter: but nick willis, who helps run this san jose medical cannabis club argues medicinal marijuana is no different than taking certain prescription drugs. he says in some cases, worker performance could be enhanced by the use of pot products. >> i have family members with severe arthritis so when they're even typing or driving for work, they apply it to hear wrist, knuckles and helps them relieve some pain. >> reporter: prop 19 supporters say under the law, employers will still have the right to make their own rules and if being drug free is a job requirement, employers were ban their workers from smoking weed. besides, say some, don't people already come to work high? >> i mean, i work at a restaurant, so, i mean, some people, you know, do it at the

restaurant and make them perform better because they're more relaxed and they can think better. so, i think it's okay. >> if they're going to legalize mar juana i think it should be a lot like alcohol where if it's legalized, there's a time and place for everything but i don't think in the workplace is the right place to do it. >> the chamber of commerce which opposes prop 19 says legalizing pot would violate the drug-free workplace act and that could cause businesses and schools billions in federal dollars. voters will have their say this november. vicky nguyen, nbc bay area news. >> all right. a new website lets college studts bet on their grades. think you can esa course? place a minimum bet of $25. you put down some of that money, al trinsic.com puts down the rest. ace the course, you collect all the money along with some bonus pay, depending on how hard the course is and your scholastic record. hedge your bet by choosing a lower grade. miss your grade, lose your money. the website will be up this month for students at 36 campuses across the country,

including berkeley and stanford. all parents know there's a whole lot that goes into a baby's well-being, but should trips to the chiropractor be added to the list? as nbc bay area's kris sanchez explains, there's a new way for little ones to adjust. >> you want to kiss your baby? >> reporter: baby violet came into the world just three weeks ago and even though she's too little to talk, much less walk, she's feeling stress. >> she was having trouble getting a good latch. that was causing pain for me and it was hard for her to get going. >> reporter: on the advice of a lactation consultant, mom started taking violet to the los gatos wellness center for chiropractic work. >> just a little, there we go. beautiful. , violet. >> reporter: it's a gentler motion than the adult chiropractic treatment to feel out the baby's natural rhythms and adjust accordingly. >> it's really, really, really light. it would be like if you were trying to hold a quarter against

somebody, you would almost be letting that quarter drop. >> reporter: after the first session, kate says that violet started nursing better, sleeping better and gaining weight. >> it's been a night-and-day difference and the first week was really hard and after we started coming here for treatments, it just got so much easier. >> reporter: it may seem unconventional but chiropractic for kids is a rising trend. the cdc says 3% of american kids have some form of chiropractic work done in 2007 making it the second most common alternative treatment for kids and it's done for a number of reasons. baby violet's 22-month-old sister sienna gets adjusted for bumps and tumbles that come along with learning to walk. >> hi. yeah. good job. chiropractor say treatment also helps kids with conditions like ear infections, bed wetting, constipation, add and even colic. some pediatricians are skeptical. >> i know it's very frustrating for parents who have colicky

babies and they want an answer and the unfortunate part about colic is sometimes it's just something the baby needs to outgrow. >> reporter: dr. rebecca encourages parents to stick to more traditional pediatric care. >> because bones are flexible bendable and going through tremendous amounts of growth and change, it would be hesitant to have an infant undergo serious manipulations. i think that it could probably cause more harm than good. >> reporter: but chiropractors say early treatment, even the day a child is born, can help avoid problems down the road. >> we want them to start out as balanced as possible so they can be strong and healthy. >> reporter: and that might have everyone sleeping just a little better at night. kris sanchez, nbc bay area news. >> before you go to sleep, tonight is the peak of the annual perseid's meteor shower and it can be one of the best shows of the year. and as we tell you about it, enjoy this live shot from

mt. hamilton tonight. here's what's happening .the earth passes through the tail of the swift tuttle comet once a year. the shooting stars we'll see tonight are chunks of rock and ice, the comet's debris burning up in the earth's atmosphere. now, if you want to watch them, move away from the city lights you see. as far away as possible. find a comfortable place to recline under the stars. ah, better than an adjustment. be prepared to stay up late and be patient. astronomers predict up to 100 meteors per hour, most are relatively small but watch for a few bright fireballs mixed in. >> you can only do it if you're comfortable? if you're uncomfortable you won't see them? >> it helps to be comfortable. it's a good start. you're already up at 11:20. >> you're a lot more comfortable tonight's than in nights past because it's warmer outside. >> milder temperatures. you guys are right on track. >> all over this. >> i know. >> all right. we're going to watch the perseids. >> yeah, look northeast of the sky, that's your best chance at

getting that. as w was beautiful live shot as these meteors hit the earth's atmosphere at 130,000 miles per hour. quite a show. again, it's already going on but it's going to be peaking at around midnight west coast time, so watch our show, then head outside and look to the northeast. today, temperatures did warm up in the south bay with 78 in san jose and the east bay also got in on some 80s as we did see that fog clear a lot quicker than we had on wednesday. current temperatures on the coastline, they're down with low to mid-50s, but you'll look inland here and conditions are more mild. from livermore down to san jose with low and mid-60s. a function of those warmer temperatures we had throughout our thursday. for tomorrow, the fog is going to be back with us. it's going to go warm inland, head to the east bay or south bay to find the heat. the south bay will be the warmest with plenty of mid 80s. this weekend, a summer pattern looks to be in full swing with a few possible isolated 90s into sunday. let's get a look at our fog

cast. we've got a lot of products with our computer. 6:00 a.m. the fog all the way to the inland areas in the east bay and south bay, the low clouds. as we head through 11:00 a.m., the fog starts to back off and then by 1:00 and 2:00 p.m., the fog pushes back out towards the on the grounds. we should have another day with plenty of sunshine from the east bay to the south bay. this weekend, this region of high pressure, this ask what we're concerned about, it's not going to bring us in i hot weather but will keep it warm across the bay area and bring those temperatures back up to normal. we'll still keep this fog pattern at the coastline, though, for saturday and for sunday's forecast. but as for that weekend, we are looking at just a mid and upper 80s inland for the weekend. meanwhile, for the east bay tomorrow morning, starting off with mid to upper 50s by 10:00 a.m., mostly sunny and 67 degrees. as for tonight, plenty of upper 40s to the near 50 in the north bay. friday forecast, it's about time and as we head throughout the south bay, conditions in the low to mid-80s. we've got the san jose jazz festival happening tomorrow.ea

we're going to be out there live. i'll be there with cheryl hurd and we'll give you a front row seat at george clinton who will be playing some funkadelic music. 83 in san ma roan, 80 in orinda and for the north bay, plenty of mid and upper 70s into santa rosa. morningtime on the weather chant on cable. your seven-day forecast has the best chance of 80s into or 90s, rather, into sunday and monday. isolated 90s in the south bay and east bay. >> yahoo! finally, summer's here. >> i'll take the fog. >> ba, hum bug. >> 100 yeaftheit"titanic" sank, preparations are under way to revisit that wreckage.

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2 1/2 miles under the north atlantic ocean and scientists want you to see it. this wednesday, they're launching a 20-day expedition to create a detailed, three-dimensional map of the "titanic." for the first time they're treating it like an archaeological site. they say ultimately they want to he veal their findings to the public. ortstor ai joins us next. [ female announcer ] jobs leaving.

a budget disaster. california on the brink. jerry brown's plan? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. [ female announcer ] with our state in crisis, we need a governor with a plan. you need a real plan, something i'll acknowledge i did not have. [ female announcer ] jerry brown. no plan then. no plan now. meg whitman. a plan for jobs. log on. learn more.

jamarcus russell won't go away. about $40 million bucks the

raiders wasted on russell and tonight, we're learning even more. the former raiders quarterback admitting the team knew about his use of codeine. in fact, russell flunked an nfl drug test his rookie season of 2007. jamarcus russell remains unemployed and is now facing charges of codeine possession following his arrest a few weeks ago. as for the raiders' new quarterback, hello to jason campbell. in dallas tonight, the preseason opener. we'll start with the raiders defense, though, swarming. they sacked tony romo three times in the cowboys' opening possession. that is trevor scott getting the sack. second quarter, jason campbell connecting to lewis murphy but the raiders' first string offense was held scoreless. dallas had a 3-0 lead at halftime. it's the backup players that made some noise. second half, kyle boller, former cal bear, corner end zone to nick miller. that looked kind of nice. final minute of the game now.

jerome boyd, we're talking some backup players here, returns it for a touchdown for the raiders. the raiders beat the cowboys, 17-9. here now an honest jason campbell. >> it was the first time i had jitters in a long time before a game started. a lot of it had to do with playing with a new team, getting used to the pregame warm-up. and getting hit. i've been getting hit since the last season started and hit pretty good on one or two plays. >> a few plays didn't look so bad. raiders next preach game august 21st in chicago. okay, here we go. this is going to be a wild weekend for the giants. the padres arriving in town late tonight and this whole story with jonathan sanchez getting national attention now. he guaranteed the giants would sweep the first place padres beginning man jana. tonight's game or tomorrow night's, i'm already ahead of myself. tonight's game against the padres -- tomorrow night's game here on nbc. this afternoon, pablo sandoval,

his first homer in almost two months. if he gets going, then the giants are in real good shape. bottom of the fileth inning, pat burrell for mayor, what a story he's been. a grand slam, his second homer of the game. the bull pen blows a four-run lead so in the bottom of the ninth, andres torres saves the day, a pinch hit, bases-loaded rbi, the giants beat the cubs, 8-7. >> personally, you know, hot streak and, you know, let's hope it continues but more importantly, we won the game and that was one we had to win. >> giants trail the padres by 2 1/2 games. they could jump into first place by sweeping san diego. jonathan sanchez pitches tomorrow night. how about the big fog delay, about three hours. opening round of the pg&e championship. the final major of the year. tiger woods. he's three strokes behind the leader. and then there's chris blanks in lake michigan. the course north of milwaukee.

ends up with a bogey. shot of the day, though, matt kuchar sizzling opening round, he holes it in from the fairway for an eagle. kuchar among the first round leaders. when we return, plenty of girlfriends break up with their buir enheret cur aballve. [ son ] i'm a good son. dependable. i call my mom every week. i even bought her a computer with my new citi forward card. then one day... have you seen this? she "friended" me. there's a whole album. [ laughs ] [ groans ] and started posting pictures.

♪ and tagging me. publicly. [ male announcer ] you ought to be rewarded for being dependable. the citi forward card gives you extra points for paying your bill on time and staying within your credit limit. [ woman ] nice tights. what's your story? the citi forward card can help you write it.

okay, chivalry is not dead. in fact, this young lady is demanding it. last week, her boyfriend was caught on camera failing to protect her from a foul ball at a baseball game today she did the right thing. she broke up with him. finally tonight, more bad behavior. the brawl between the cardinals and reds on tuesday, here's the price you got to pay. today, johnny quoito, the player kicking in the pile, suspended for seven games. tony la russa and dusty baker suspended for two games. from "whale wars," p