about this move, they'd voted to approve the contract as s now will have to decide whether to support the revised version. >> this is not the contract we voted on or took to our members to vote on. they should be voting on the same thing they've presented to us. >> last few weeks we've been stuck in the red zone if i can use the football analogy. we have to find a way to get into the end zone. >> the provision would have given six weeks of paid leave each year, bart says it would have cost $44 million. >> that is remarkable. but the third party without a vote in this is the bart riders. >> abc7 spoke with them to get their view. >> dear bart let's settle this whole contract issue. we've had enough of this. >> reporter: many barlt riders don't care anymore who gets what in the contract. just that it's done. >> bart management and unions need to get their stuff together the public has been with this with two what? two bart strikes now? >> some do have an opinion about what is agreed to. >> dear bart please let the employees have family leave. they need it.. >> i think you guys just man up. >> all are incre >> i am just surprised with all of the lawyers involved and everybody negotiating you can't figure out what you're doing. >> what i really want to say is inappropriate. >> it's hard to believe they've missed it i think they probably did read the papers. maybe it's not entirely the truth. >> bart made dona happy. >> i'm not a bart rider and happy i'm not. because when i see the dissatisfaction so many friends and co-workers deal bit after strikes, i think it's terrible. >> reporter: dona may have to console her friends more before all is said and done. >> hundreds of students march add krots -- around san jose state university campus. students accused of taunting their african american roommate over several months calling him a name with a slavery reverence. >> sad to think there people with that mentality. you snow thinking minorities are less than them just because of the color of the skin.. >> i feel like there needs to be an open investigation, definitely. >> the three men have been suspended from school, they're also charged with a hate crime and battery. they each face up to a year in county jail. >> we have new information on the car that went off highway 17 during yesterday's down pour. chp says two women were wearing seat belts. investigators say the driver was going too fast on wet roads and lost control of the car. the lexus tumbled 100 feet over the cliff. the two women have major injuries. the rain is gone but now, wind arrived. >> yes. spencer christian is here now with an accuweather update. >> here is a look at live doppler seven hd. you can see we have sniechltz nice to see. rain is out of here but winds are picking up. we have a wind advisory until 10:00 in the morning for a wide area including virtually all of the bay area hills and mountains. and included in the advisory is the diablo range. through lake county over into sacramento and sierra foothills, winds gusting 45-70 mifrp into -- miles per hour into higher elevations. right now, breezy conditions. gusts up to 37 miles per hour over fairfield. 33 in concord. 43 miles per hour gusts in napa. you can see winds are deep. that is important in our weather picture, looking live now this, is our first forecast this evening. partly cloudy skies. then, overnight breezy, and chilly in north bay valleys lows dropping into upper 30s there. tomorrow afternoon, sunny, breezy and mild. highs ranging from mid-60s up to about 70s i'll have more a little bit later. >> vallejo police looking for who men who committed seven armed robberies last night the first robbery happened at 5:30 in the evening. police say they followed others to their homes. in one case the man was pistol whipped. >> coroner investigators are trying to identify a body pulled out of a car submerge hadded in a water way this morning. sky seven was over the richmond marina after 8:00 this morning. salvage crews managed to pull the car out of the water. officials say the car is registered to a boat owner at that marina. >> nra has begun a battle against city that's recently passed local gun laws. >> san francisco will be the first battle ground. vic lee joins us live with the story. v v vic? >> well, the nra chal yefrngd a new gun law challenged two weeks ago. >> this is what the new gun law bans. high capacity magazines commonly used in mass shootings like the one at los angeles international airport three weeks ago the gunman was equipped with 5, 30-round clips. the san francisco super visor sponsored the bill. >> if we're able to eliminate that, that is one less tool that a person carrying out a crime will have at their disposal to, use. >> reporter: nra is suing the city saying it violates the second amount. larry barseti is a plaintiff, a retired cop with the san francisco veteran police officer association. >> you're impacting honest, law-abiding citizens in san francisco. bad guys aren't going to obey this law. >> he believes it's poorly written, pointing to a section that exempts law enforcement officers. >> does that mean i take a uniform off and put off duty gun on and go home to san francisco, if it's got 11 rounds then i'm a misdemeanor? >> it does not prohibit off duty officers from keeping duty weapons because those weapons are issued to them in connection with their duties. >> reporter: two opinions and interesting battle the lawsuit is the first salvo. voters have sunnivale approved measure c, putting more restrictions on gun owners and dealers there. abc7 news learned nra plan foz file a lawsuit first week of december against that city. carolyn? >> vic lee reporting, thank you. vic. today a jury in san jose awarded $290 million in damages to apple in its patent case against samsung. a previous jury ordered samsung to pay apple more than $1 billion but a judge concluded they miscalculateed and they tossed out damages and ordered a retrial. samsung expected to appeal this latest verdict. >> some californians whose health insurance plans will run out will not be getting an extension. that decision made this morning bit board overseeing covered california. forward can so called sub-stan yard plans the president pleaded with states and allowed insurers or trying to make sure the insurers will allow people to keep their ef existing plans. more than a million californians have received policy cancellation notices. >> oakland won a judgment against businesses, suing american legal services also known as als accusing the owners of lying to immigrants by promising u.s. citizenship the city attorney parker says reality is that none was a lawyer and it resulted in several deportations. >> they were scam artists them stole thousands from the family who's were seeking help smchlt times their life savings. >> the city recovered $200,000 of the $15 million judgment. getting rest will be difficult. the owners have been hiding or fled. >> tsa opened a new line for precheck security express program inside minetta airport terminal b. applicants pay $85 for a five-year membership. still no guarantee they'll be accepted into the program. it let's members keep shoes and jackets on during screening. they can have liquids and gels in their bags. >> this organization called lava may set up decorator commodes in san jose. six local artists were commissioned to design the commodes. >> they're unique. and are their own statement on what they believe is their interesting response to a need for toilets. >> the toilets being auctioned off to raise funds for lava may, providing mobile showers and toilets for the homeless. you've got to act fast because auction he closes tonight at 7:00. >> still ahead at 4:00 a boeing you jumbo jet's oops landing. >> vice president biden stops to buy the president lunch and runs into a cash problem. >> you can voon a less good excuse for not answering your cell phone. >> and taking a look at traffic right now, this is san jose interstate 280. cars on the right making their way downtown. you can see everything is moving just quite nicely now. to thosuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 800-675-2607. they used to get really tired. until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes, my feet and legs feel less tired. i'm a believer. dr. scholl's massaging gel insoles. i'm a believer! surveillance video from inside of a dairy queen shows what is going on outside when a massive tornado hit. take a look. you can see the blue house and debris flying past. then, if you take a look the house is just gone. nobody was living there. sunday's mid west tornado killed six people in ill sxil two m michigan. a giant cargo plane that landed in the wrong airport is where it's supposed to be the jumbo jet took off this afternoon from a small airport where it landed by mistake the plane supposed to touch dmoun a nearby air force base the crew was taken by surprise. >> the airport is nine miles from mcconnell air force base officials worry jabar runway would be too short for the massive plane, proved to be okay. boeing built the dream lifter to haul pieces of the dream liner from suppliers to locations. boeing claims it can haul more cargo than any other airplane in the world. as long as they know where they're going. >> that is remarkable. >> yikes. >> microsoft unleashes x box 1. it's a first for the dow. >> cory johnson joins us live with today's after the bell report. hi, cory. >> these guys didn't pull into a driveway. that would have within a surprise, let's start with stocks today. after three major indexes closed higher dow closing above 16,000 for the first time. this after economic data showed jobless claims fellowest in almost two months. your bloomberg silicon valley rising today. we're just hours away from the debut of the x box 1. the coming just a week after launch of the sony play station four. the x box division did $8.9 billion in revenue last year this, year, promises to be bigger. to generate bunch, zombies and roman gladiators sent to wander streets of new york and los angeles today. you can see the undead's first appearance on bloomberg west as far as we know. google is adding hbo go to line up, that means they can beam shows on to tvs with the $35 chrome cast and will have access to hbo go web app. well, app phenom snap chat has a gender gap. 70% of the users are women accord together swaul street journal. bloomberg reporting snap chat turned down a more than $3 billion offer from facebook. from bloomberg studios i'm cory johnson. larry and carolyn, i didn't ask for advice. if someone offers you $3 billion, i say you take it. >> well, okay. >> we're still waiting on $1 billion. but thank you. >> it's been quite a day for vice president biden, his favorite sandwich shop opened a store in washington, d.c. today. >> however, the vice president ran into a little bit of a problem. >> all right, man. do you have $ten? i have $50 >> i'm not taking it. no. no. i've been going here for the last 40 years. very to pay every time i've gone. no time to change. you pay. >> you have to borrow to pay, though the vice president buying lunch for president obama at capriati's. he loves sandwiches so much. >> next time? credit card. right? >> yeah. yeah. >> a man used to having lunch purchased for him on a regular basis, spencer christian. >> any takers today? following winds we've got strong gusts building up out there. here is a look at sunny skies right now. but pleasant day. here is a look at mount tam camera. trees shaking in the breeze there. temperatures low 60s in most locations. san jose, 59 in half moon bay. another live view from our camera looking across the bay, a reflection of sunlight there. temperatures are into low 60s in santa rosa and napa. 60s in concord. one more live view from our camera across the street from abc7 looking over the bay towards bay bridge, clear, windy and chilly in spots tonight. sunny skies and mild next few days. looks like rain may be developing for next wednesday and thursday, thanksgiving day. we can see a sharp difference in pressure between high pressure inland and north. that sharp pressure difference producing strong gusty winds out of the north. let's take a look at our winter outlook for precipitation. it's been released by national oceanic and atmospheric association. we expect interior northwest above normal precipitation is expected this winter. from the state of california we have equal chances for above normal, near normal, or below normal. so we'll have to wait and see. that is the official outlook. overnight, clear skies. windy conditions especially into higher elevations. low temperatures overnight into low to mid-40s lower in north bay valleys dropping into upper 30s, then, tomorrow, sunny skies. breezy and mild. high temperatures into mid to upper 60s up to 70s in north bay locations. and here is the accu-weather forecast. we have several sunny, mild days coming our way through tuesday, clouds thicken wednesday. a slight chance of rain wednesday. looks like a greater chance on thursday. it's thanksgiving day. hoping it doesn't rain wednesday because many people are traveling. >> yes. yes >> traffic could be congested. >> thank you. >> okay. >> up next dog ate my home work. oldest line in the school. evidence one teenager had to show her teacher. >> turning a sweater into pants. for reasons that are unclear. the transform to those who've been waiting welcome to covered california. the place to find quality, affordable coverage, and nobody can be denied because of a pre-existing condition. enroll today at coveredca.com. >> funny as ever, five surviving members of monty python back together today. they're all now into their 70s and hoping to still be able to make people laugh. >> just thought it would be fun, that is our intention, just so far >> yes. >> let's hope this is not working the issue first success came on british tv. that together in 1998. saying the new show will be exciting and visual and perhaps, twering. >> yes. or tweeting. >> a cool cool teenager received a second chance because her dog did eat her home work. >> the girl says her lab chowed down on her model of mountain on maui. 50 pins were used in the project showed up on reggie's x rays. >> this is a stomach, there are straight pins we pulled out one large pin in four of the small straight pins. >> proofs labs will eat just about anything. dog recovered and peyton finished using glue instead of pins. >> good idea. >> she did get an a on that project. >> one of the rare times that excuse is real. >> yes. yes. >> with x raise for sure. >> the senate goes nuclear. why republicans say this move democrats will regret. >> plus, kennedy cousin michael skakel is a free man. what the family the girl he is accused of killing has to say. >> locals tried depend last week. it really made the difference nd the house n a morning around the house and getting a little exercise. unlike the bargain brand, depend gives you new fit-flex®, our best protection. it's a smooth and comfortable fit with more lycra strands. get your free sample at depend.com. after threatening to do it, democrat as proved so called nuclear option today, changing the rules of the filibuster. they need 51 votes to be confirmed. under old rules it took 60 votes now it takes a simple majority it makes it harder to block appointees. democrats say republican obstructionism made this move necessary. >> in the history of our country, some 230 plus years, there have been 160 filibusters of nominations. half of them occurred during the obama administration. >> they broke the senate rules. in order to exercise the power grab. >> president obama says as a former senator he values the chambers powers. >> concerns mounting about the fate of an elderly palo alto man taken by north korea. >> mayorel newman was taken off a flight three weeks ago in north korea. his family and friends are concerned. abc7 news is in the newsroom now, carolyn, what is the latest on this? >> reporter: state department working through swedish embassy on the release of merrill newman. a friend was able to fly out. newman wasn't. >> is there anything you can tell us about mr. newman? >> no. >> reporter: residents are tight lipped about their neighbor. the 82-year-old was on a guided tour of north korea when pulled off the flight headed home. that was october 26th. today, the state department has had few specifics to offer. >> any time there are reports of americans detained that is a bad step and a bad move. >> reporter: newman's son says this was a trip of a lifetime that went smoothly until a meeting with north korean officials the day before he was detained. >> the korean war was discussed my dad's role in the service. and the meeting concluded. >> reporter: a north korean expert says motivation for taking newman is unclear.. >> i find it somewhat unusual and strange. he was there purely as a tourist. >> there is a second american who was grabbed in north korea, kenneth bey taken last year. in the newsroom, abc7 news. >> thank you. >> it's first taste of freedom in 11 years for kennedy cousin michael skakel. he was accused of killing his neighbor when she was just 15 the neighbor, martha moxie spent most of her childhood in piedmont in alameda county before the family moved back east. >> reporter: kennedy cousin michael skakel heading not back to prison but home for the first time in 11 years. a judge releasing him on $1.2 million bail after his 2002 conviction in the 1975 murder of his neighbor, martha mochl thrown out. and he was awarded a new trial. >> it's difficult when you think it's the messen ger, not the message that he's out on bail. >> reporter: the prosecution appealed the decision to award a new trial, skakel is returning to his family, spending time with his son who was just a toddler when skakel was convicted. >> hopefully we're at the first step of righting that wrong and making sure m an innocent man now goes free. >> reporter: a celebration for one family and disappointment for martha moxley's nearly 40 years after the murder today's decision leaving them, once again, waiting for justice. >> i wasn't completely destroyed but i wish it hadn't happened. >> reporter: under bail conditions while appeal continues skakel will have to wear a gps device, live in connecticut, and have no contact with the moxley family. marcy gonzales, connecticut. >> a judge postponed the trial of james holmes so attorneys could argue he should undergo another psychiatric examination. prosecutors want holmes to undergo further tests. >> tesla's model s landed in the number one spot when it comes to customer satisfaction. rave reviews are welcome for the company which has been under scrutiny after three cars have caught fire in just six weeks. tuesday, national transportation safety board launched an investigation. founder elan musk is defending tels's track record. >> more national headlines than a quarter million deadly car fires. that is mad. what the heck is going on? >> there is word top sales executive george blankenship left the company. blankenship told our partner he is retiring. >> dramatic birth of a new island >> also, wolverine's health scare. actor's warning for others. >> why bon jovi has this guy to thank for an unforgettable moment. >> looking down towards bay from mount tam, windy conditions under clear skies. winds strong overnight. potentially damaging. i'll have the accu-weather forecast coming up. >> taking a look at traffic right now this, is the bay bridge toll plaza. you can see there is just a few stuck in the middle trying to pay cash, slowing them down. bon jovi's song is back on the bill board charts 27 years after being released thanks to this video. 12 million people watched this hilarious footage of a celtics fan. he's working it. >> he's got moves. >> he's into it. >> you can watch all two minutes of it. see? michael finney is nearby. he's seen it. watch on our facebook page. i promise you'll get a kick out of it. it was shot in 2009 this, is the second time it's gone viral. >> there is a new trend taking over the internet. >> yes. they're called swants. also known as sweater pants. take a look. >> this video taking facebook and twitter by storm in, case you couldn't tell they're showing off their sassy new sweater pants. >> this is part of master knitter steven west's master plan to conquer the universe. there is a tutorial on how to do it should you be inclined. this reminds me of a snuggy. >> a little bit i can't imagine doing it for real.. >> i think snuggy seems like a better invention than the swants stuff. >> he's got some. >> something has gone wrong. here is live doppler seven hd. clear skies but getting windy. overnight, looking at national weather picture tomorrow, mixed weather picture, showers, rainfall from northeast down through ohio valley and gulf coast of texas. cold weather into upper mid west. 24 in fargo tomorrow. 32 miles per hour. we'll see showers interior portions of the state and maybe snow. high temperatures up to 70 in the north bay. low to mid-60s on the coast. breezy and windy over delta and the big game this, saturday at stanford stadium. between stanford and cal. game time is 1:00 p.m sunny and mild. temperatures 64 degrees, dropping down to about 60 over next three hours or so. looks comfortable for fans as well. >> up next an announcement that may affect everyone. >> a bay area university with a special connection to president kennedy. >> i'm michael finny. a recall on a popular baby monster and governor brown's move to make your home safer. have you seen this post? everyone is talking with about it. 6,000 likes for a picture appearing so-to-show two college football players having lunch with a lonely stranger. the real story is live >> take a look at an under sea volcanic eruption created a new island south of tokyo. officials say they're going to wait to see whether the sea swallows this up. this is the first known volcanic activity in the area which is part of the pacific ring of fire. >> this is remarkable. >> there could be another flyer friendly change on the way. fcc could discuss lifting the ban on making calls once a flight reaches 10,000 feet. fcc is looking to lift the restriction if you can get a signal. so not only could wo you lose a place where nobody gets to get you on the phone but the person sitting next to you will be able to talk, and talk and talk for the entire flight. as well. >> tomorrow is the 50th anniversary of the assassination of president john f ken neddy. a university found a way to honor the legacy. they gave us a preview bust is a replica of one purchased by the university's president who then donated it to the school. >> it's gooding to really bring home for students, faculty and others here the connection we have for the university. it will be in our lobby. and will be a visible tribute to the president. >> tomorrow's ceremony gets underway at 10:00 in the morning at jfk university pleasant hill campus. it is the only one in the nation bearing his name. >> actor hugh jackman just had skin cancer removed from his nose he posted this picture today of him with his bandaged up nose thanking his wife the caption read deb said to get the mark checked, i had cars carcino carcinoma. >> as soon as i say the name jose canseco you know, it's going to be bizarre. the former a's slugger has strange stuff going on. check out this picture. it's a goat in a deeper diaper. he got pulled over by a police officer and he tweeted wroting the cop laughed at our goats he said they picked up fainting goats and were heading home with the animals. honey? do you remember diapers for goats? >> yes. no word why he was pulled over. maybe because of the goat? >> i don't know. >> a crack down on banks engaged in pay day lending has been pass by the two major agencies. >> michael finney has been following this issue and today's decision is important. >> it's very big. advocates have been fighting for this for a long time the decision by the federal office of comptroller and occurrency puts rules in place to protect borrowers from interest rates. the living practices have been protested but consumer activists say low income borrowers are being exploited people like annette smith paid 90% for short term loans of less than a month. banks must now look at at built to repay a loan. and checks have been put in place to prevent repeated borrowing. >> it was a long time coming. and they just needed a voice. i happened to be at the right time, right place. >> in california wells fargo and u.s. bank offer loans now california reinvestment coalition is applauding the decision. angel care monsters is recalling 600,000 baby monitors following the deaths of two infants the consumer products safety commission says a cord attached to the sensor pad placed under the crib mattress poses a strangulation risk since children can pull the cords into cribs. the number of popular retailers including babies r us, walmart, amazon.com and overstock consumers should stop using the product and contact the company for a recall. we have a list of the models recalled. you can check them on our web site. >> governor brown released new rules regarding harmful chemicals in home furnishing. manufactures will no longer need to use toxic flame retardants to resist fire. studies found children have absorbed more flame retardants than their parents. >> thank you. >> sure. >> coming up next, sounding off. the problem sausalito residents have with tour bus that bring money-spending visitors to town. >> we're live as dallas prepares to honor jfk on the 50th anniversary of his assassination z a sea lion makes a run for it in san francisco. those stories and a lot more when cheryl and i had like this when . four inch band of bumps it started on my back. that came around to the front of my body. and the pain from it was- it was excruciating. it made me curtail my activities cause i'm really an outgoing kind of a guy. and, uh, i like to play sports, i play basketball, i play pool. i did not want anyone to brush into me to cause me more pain than i was already enduring. i went to my doctor; he said well you actually have shingles. this is a result of you having chickenpox as a kid. it totally caught me off guard. i put the pool cue in the corner. i couldn't do those things anymore. the basketball- it caught dust. i wanted to just crawl up in a ball and just, just wait til it passed. residents in sausalito have a love hate relationship with tour buss. cornell is live with the story. >> ask any tourist. they'll tell you they love sausalito. but you know, a lot of people say way too many tour buss are coming down these narrow streets. that worries locals and city leaders. bus drivers say what is the problem? tourists love sausalito. two busz love bringing them here, almost, nonstop. up to 48 tour buss per day can roll through the streets past lisa's house. >> i am a little annoyed by human go by. a lot of them are empty at this point. why do we need the traffic? why do we need the excess pollution? >> every 5, 10 minute there's is a bus goes by, blasting a lot of smoke. it's very noisy. >> elaine works on second street. >> maybe ear plugs . >> i have two. i have orange and green. >> besides noise and traffic the city worries a collision between a tour bus and cyclist is bound to happen. >> we want tourists to go home with happy memories not injuries. >> with restrictions on where and when the buss can operate, this week, san francisco banned tour buss in alamo square. but this driver says that could be a mistake for sausalito. >> so during the summer time, we bring thousands of people here, which supports the economy and this poor little town, you know? it's marin county but yeah. so, you know to ban this i don't see how that would float. >> merchants say the town was built on tourist dollars >> people come on a tour bus once and then come back without the tour bus. >> reporter: now, buss keep rolling n city council may consider restricks next year. >> noins thanks for joining us. abc7 news at 5:00 begins right now. a bay area college student is tormented over the kro color of his skin. >> imagine coming home from shopping and you get held up at knife point. >> live on the roof of the kgotv broadcast center. strong winds and danger they're bringing, coming up. >> also tonight bart's contract snafu. other shoe just >> outrage growing in san jose state. students protest the treatment of a black student saying hes with a taunted and abused by three white roommates the students are suspended tonight. >> the students charged with a hate crime, charge kodz put them behind bars for a year. abc7 news reporter leanne melendez is live with the story. >> reporter: the african american student was living with seven other white students. police are waiting for them to surrender. this is how students reacted after hearing an african american freshman at san jose state was supposedly harassed and bullied for months by his roommates. >> sad to think there are people out there who still have that mentality. and you know, think that minorities are less than them. >> being black is not a crime. >> according to the investigation the black student lived with four other white male stewed glents a high rise campus village building the d.a.says the black student was taunt asked at one point, roommates placed a bike lock around his neck. >> they barricaded anymore his room, they stole his shoes. they created a living environment that was full of hate. >> the students parents reported this behavior to the housing authorities who notified campus

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