next on nbc bay area news tonight, the beef between in-n-out and local health officials. it is heating up. in-n-out burger is accused of breaking the rules. but is the strahm being singled out and what is happening at locations in the east bay? plus -- >> the governor giving a bat of to booster shot. why he along with covid expert are saying you should not wait to get yours. and facebook in the spotlight right now for not doing enough to protect its users. should we be paying closer attention to what other social media companies are doing as well?

this is nbc bay area news tonight. thank you for joining us. not just facebook. tiktok and youtube on a slippery slope when it comes to public trust. we'll tell you why. and those long lines. you see them and a lack of available appointments to get the booster shots lfrlt this be an ongoing problem? we'll have some answers for you. we begin during this dinner time with that classic double double from in-n-out burger or any other burger on its men. you're in-n-out is doubling down. the family-owned company refusing to ask its customers for vaccination status. because of that, in-n-out getting heat from san francisco and now the east bay. both san francisco and contra costa county require restaurants to ask for vaccination status for all of its indoor spaces. instead of complying, in-n-out has decided to shut down indoor dining in all of its five locations in contra costa county. here's the back story. over the past two weeks, the

in-n-out locations in san francisco and pleasant hill were both completely shut down, indoor and outdoor for not following the covid rules. both have since reopened drive-through only. this is an iconic california-based company. today governor was in the east bay and very diplomatic about this. >> a couple years back, you may recall they doubled down on their commitment to our state and i want to double down on may commitment to them. at the same time they have differences of opinion as it relates to the county eaddicts and we have to work through them. there bl thousands of exams like this. some get highlighted and some don't. in this instance, there is an east bay chain that there is a little more friction and frustration. san francisco, than there was a week or so ago. other parts of the state, not the case. i encourage everybody to take seriously local health orders. >> we respect their point of view but this is really about protecting larger public health. and again, if mcdonald's and

burger king can do it, and 99% other restaurants can, so can in-n-out burger do it. >> so what do they have to say? they issued this statement. quote, rerefuse to become the vaccination police for any government. it is unreasonable, invasive and unsafe to force our customers. we fiercely disagree any government dictate that forces a private company to do this. our sky ranger was overhead at the pleasant hill location. this is the in n out. that's a band playing in front of the in-n-out right there in front of the drive-through. they don't believe a restaurant should have to be vaccine police for the state and the county. another small group showed number front of the san ramon in-n-out to support the chain. more protesters are scheduled to be at various in-n-out locations

tomorrow to support the restaurant. so is in-n-out out? we asked contra costa about all the restaurant it has pnalized for not following the rules. the pittsburgh in-n-out had the warning and others received a fine. do you remember fudruckers? and mj's downtown cafe and huckleberry's receiving warnings so it not just in-n-out burger. are they just making a political stand? let's walk over here and bring in our guest. joining us, a professor of business management at cal state east bay. professor, nice to have you on the program. we know this.

in-n-out is now a wildly popular story. are they taking the fight to california and who wins here? >> well, is there any winning in this instance? it is hard to say because there's no social consensus on what the right thing to do is. that's why it is a dilemma. i think it is a sim yearsly ethical, socialem. a it wouldn't be on the news if wasn't, right? business operates within society. we need each other. society needs business, business needs society. >> professor, your specialty is business ethics. what do you think about in-n-out not wanting to be the covid police. >> since i don't know in-n-out's management, i want try to guess what their intention is. i would like to say it seemed to be worded pretty strongly by using the words discrimination. so they're making a clear stand,

for sure. and it may or may not be political in nature. but i think from a business ethics point of view, if you were my students and doing this case in class, which i think we actually will. the first thing i would want to know, who are the primary stake holders? meaning who is impacted by what's going on in this situation? so clearly the employees in contra costa county at the nn out burgers who are either being asked to check vaccines or maybe not being at work if the business is shut down for a period of time. and then the customers as well. and so if i was an employee, minimum wage, i'm assuming. maybe they pay a little more. and somebody asked me to check people's vaccine cards, i would think it was beyond the scope of my job, definitely. so if write in-n-out burger, i would not expect first line employees to do this. however, there is a mandate by the government and to the extent

that a company will comply with the mandate, i think it should be on the managers. they should be the ones checking. they get paid more money and they have a broader scope in their jobs. so that would be the first thing i would focus on. and i want to say that employees can be harmed with either decision, right? because they could be harassed by a disgruntled person who is not vaccinated and really wants that shake, which i've heard is quite good. so they could get harassed by a disgruntled person. alternatively, if they stop checking and they stay open, they could contract covid-19 from an unvaccinated person, get sick themselves or pass on it to someone else who could get sick. so there's no safe completely 100% safe avenue with this decision. >> you bring up some good point. i'm not sure if you heard it right before we brought you on. one of the spirs said mcdonald's is doing it, in-n-out can certainly comply. and then we heard the governor

seal to be very diplomatic knowing that big business across his state as he governs and he doesn't want to come down too hard. >> i thought did he a good job as a governor. he does govern people with different beliefs. some are pro vaccination and some are not. and as a representative of all the citizens of this state, i think he played it in the middle. but maybe it is a tough decision, honestly. i think most people can see aspects of both arguments as being reasonable. >> and you have to try that in-n-out shake. it is divine. we appreciate your time tonight. >> of course. thank you for having me on. let's move on. another big story, the booster shots. the governor and county health departments urging you to get your booster asap. the issue is are there any

appointments available? a lot of people wondering, can i get in now? today governor got in. his first dose it was j&j vaccine so he's eligible to get moderna or pfizer. today he was at the clinic in oakland and he went moderna. >> i'm choosing not to do j&j today. not because i had any problems with j&j. in fact, it went beautifully. but to make the point about the opportunity to mix and match. >> if you're eligible for a booster, state officials encourage that you get one, especially if you plan to gather with family and friends during holidays. last year you might recall we had a spike in cases during the holiday season. so is this shift the right call? or should we be focusing on getting the first and second doses to those people who are still hesitant? tonight we bring in our covid expert. the infectious disease expert at ucsf. nice to have you back on the program. really quick hear, there is availability from all the

counties. that's what they're telling us. we do see some long lines and really some problems getting appointments. are you hearing any of that? >> no, i'm actually not hearing too many problems getting appointments. maybe the peak periods. i myself tried to make an appointment at a local walgreens. it was pretty easy when i did it, at least. i eventually ended up getting it from work. so there are a lot of places people can get it. i hope they can get it and you know, it may be more important for some groups rather than others to get it more immediately than not. >> sure. is there a major benefit to giving out boosters at this point? do we need them so quickly right now? >> well, it depends on what your goal is. if your goal is prevention of infection, and you got a pfizer or a j&j, that is going to be helpful in terms of holiday travel, going to visit grandma

across the country, and you're worried about just infection. we do know that all three vaccines for the general population help protect against serious disease, hospitalizations and death. moderna is holding up pretty well with just two. if you got pfizer or j&j, it is holding up well but not so well against infection. you may get a mailed disease like a cold but some may have to miss work, or quarantine depending on your exposure and that's a drag during the holidays. >> i asked you last october and i'll ask you this october. think we'll see winter surge coming? a spike? >> personally, i think we'll continue to decline. we may have a little bump. i think the trabl has already left the station. i think we're overall looking good. the only unknown is influenza and how it will interact with

covid. we never had that interaction of the two before. we know that influenza when you get it, it makes it more susceptible to other infections so we will have that be tested this winter and this holiday. >> forgive me. i'm hearing this from friends who are not doctors so i'm glad you're here. since hardly any of us got the in a last season, is it true that they're expecting a lot more people to get the flu this season? or is that something you can debunk? >> no. it's expected we're going tomov. we don't have antibodies from last year because we weren't exposed as a population to natural flu. and we don't have the predictive power of looking at other, the other hemisphere that had winter recently because they didn't have that much flu either. so combined with all those factors, it is estimated that we'll have 100,000 to 400,000 additional hospitalizations due

to influenza alone. ultimately, we don't know how long the season will be because again, all bets are off in terms of, you know, what influenza will look like this winter. >> that's very good information. as we wrap it up, if i'm a normal guy or a normal woman in my 30s and 40s in decent health, do you suggest i get a booster asap? >> the only gram that i really suggest getting a booster asap because it prevents the serious disease, hospitalization and deaths, which is waning, those order 65 and those who are immune compromised. for everybody else, it is kind of like amber. you can go get it. it is a good idea but it's not an urgency lake for the older population and those who are immune compromised. >> thank you for the information and give us information for the next phase of the pandemic. we appreciate your time tonight. >> thank you so much. our question of the day.

are you hesitant about getting a booster? let's to go our responses. hesitancy? i'll already waiting for the fourth if there is one. i did my third including a in a shot on the same day. one in each arm. ock i'll get it about you the side effects for the second one were horrible for me. felt like i had the worst flu of my life. hopefully booster won't be as bad. that's a concern. and hear from eric. i'm eager to get a booster. so glad to their news that vaccine approval for kids is coming. and yes, the kids are coming. age 5-11. we're still on track for final approval in early november, a few weeks from now. at least one bay area county is ready to start giving them out as early as next week. santa clara county, it says it has ordered 55,000 vaccines for kids 5-11. the county has set up the shot station to inject kids to help

ease kids' fathers about getting a shot. they plan to offer a scavenger hunt and a play area at the play grounds. they plan to put up privacy screens so kids won't get scared watching others get a shot. that might work well for others as well. we're answering your questions about the vaccine. head to nbcbayarea.com and click on our faq right at the top of the page as well as on our nbc bay area app. it includes answers from top experts to the five most asked questions by parents. up next at 7:00, with all the problems at facebook, why aren't more people leaving its platforms? we're talking about why many of us just can't quit social media. could other companies face the same scrutiny that facebook is going through? and court dismissed in the theranos trial. just for the day. the reason it had nothing to do with covid or anyone involved in

the trial for elizabeth holmes. you're watching nbc bay area news tonight.

okay, so we've been will facebook is bad for us, twitter is bad for us, but is it really? after the release of thousands of internal documents known as the facebook papers. they were leaked by a facebook employee and they catalogue what facebook knew about the effects it has and with instagram, the effects it has on us the users.

the focus on social media broad yepped as executives from tiktok and snap chat were called on from lawmakers about misinformation and why even in the face of cascading news, all this bad news that we just can't seem to quit social media. >> i think everyone is concerned with about the power that these platforms have. facebook or tiktok or whatever, people are concerned because it can damage our kids. >> i'm mostly able to filter it out. if i see it on social media, i'm not going to be automatically that's true. >> all right. let's bring in our business reporter scott budman. i saw you on twitter yesterday. i was on instagram today. we're still on and we've been told it's bad for us. why can't we quit? >> for several reasons. one, it is how we communicate. two, it is how we ingest news and information for better or worse.

but legitimately, a lot of people have built not just their profile but their brand on this. >> a lot of businesses rely on this. whatsapp, facebook or instagram. >> right. and because nonprofits rely on the idea that we can put out information to an extent for free. you can also pay for a larger audience. we're on it and we've been on it for years and it is hard to just pull that away. >> is it fair? the comparison. this is like the cigarette. what happened to cigarettes decades ago? now we need to give warnings? that it is like what cigarettes do to us? >> i don't think that's all that fair. there are health concerns, especially young girls on instagram talking about the mental concerns and the health concerns that come with that but it's different than cigarettes. it is not something that is addictive. it is just something we've gotten used to. and in a lot. ways are better because we're used to being on social media. the fact that they're open

platforms is a big problem because that lets in everything including misinformation we constantly see about elections and vaccines and things like that. >> sometimes i'm addicted. i'll scroll through not knowing why i'm still scrolling, but it happens. >> there's a lot of information that's interesting and a lot of good news on these things. twitter or tiktok. and that's interesting and exciting and fun and it brings us together. but it is very legitimate to be extra careful and this is why facebook has gotten in trouble. there is so much false information that we're also injecting. >> okay, facebook, tiktok, instagram, other companies under scrutiny. >> and that's fair. facebook is the big one but a lot of people, especially young people, have moved away from facebook and even instagram to the another social media companies. they need to be held to account as well. >> it will happen shortly. i don't know what will happen but it will.

some other stories we're watching. blame it on the water. a water main break meant elizabeth holmes, the trying trial in san jose took a break because of the water major break. the trial of the former theranos ceo had to be postponed when that water main broke three fwloks the courthouse in downtown san jose. everyone came in and everyone left. even the starbucks. the trial is scheduled to resume next tuesday. let's take you outside. a gorgeous look at sfo. our chief meteorologist jeff ranieri will join us with what to expect for tomorrow and the all important halloween forecast. stay with us.

okay. i know we just finished the tokyo summer olympics and now we have the winter olympics. 100 days until beijing. today, ice skaters, bay area olympians at the holiday ice rink at san francisco's union square. janelle wang was the emcee. we are sending her to beijing, opening ceremony and the winter olympics begin in february in beijing, china. >> that will be really fun! >> we just finished tokyo but this is really cool. >> 100 days from now we have beijing. >> it's going to feel like a true winter olympics. 42 for the high. a low of 22. monthly rain about .3 of an inch and the possibility of snow

early in month. >> to be clear if you're tuning in. that was not the bay area forecast. that was beijing's norfolk. >> so follow janelle for the latest. we are sending her there and we'll have the live reports. in the bay area we have high pressure moving in. that is what made it so beautiful today and it will stay as we head into tomorrow. we'll start with at that in the 50s and a mostly clear sky through the day. 70s are back. so if you have storm clean-up to do, or whatever, any kind of clean-up, we're looking good right down to the south bay. my seven-day forecast, style rain returning monday and tuesday with about a quarter to a half inch of rain. maybe even three quarters of an inch of rain for north bay next monday and tuesdayful as you can see here, looking good for halloween on tuesday. it will be dry with 67. >> perfect. >> coming up, four families find shelter in a church parking lot on the peninsula.

wasn't that easy. why it took years for this to happen even though church had given them green light. that story coming up at 11:00. a lot of chicago. chicago med, then chicago fire, chicago pd and then our 11:00 newscast. thank you for joining us.

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