you're watching cbs 5 eyewitness news in high definition. no pants, no problem. why u.s. airways allowed this guy to fly while the college kid who was sagging was thrown off the plane. we showed you how the deals go down, and we also showed police what already changed since our first story about black market muni transfers. >> your commute not just a pain. it could be dangerous. what your daily drive is doing to your body that you don't realize. >> a football player wears droopy pants on a flight and ends up getting arrested. >> but now we're learning that same airline let another guy showing a lot more skin for the plane just days earlier. robert lyles shows us the skimpy outfit that is prompting new accusations against u.s. airways. >> this is not an image from -- this is from the fort lauderdale airport. >> i was shocked. i'm shocked to see a man dressed like that in an airport terminal. >> jill tells cbs 5 by phone, she is as liberal as they come, but the first class passenger in a women's bathing suit bottom, black high heel shoes and a choker around his neck bent all rules and sensibilities. so she snapped these photos. >> i kept thinking to myself, what if i was wearing that outfit? what if i was in the same outfit. would u.s. airways not ask me to cover up? you know, if a woman was in a stripper outfit, they are going to let her board? >> many passengers complained. she even telephoned u.s. airways after the plane landed in phoenix. she claims this was the response from an airline spokesperson. >> as long as he's not harassing anyone or exposing himself, then we're fine with it. >> six dais later, she sees a story about deshawn being arrested. >> i was like, what? are do you kidding? >> she turned her photos over to the attorney. >> i think that the airline maybe has a marketing strategy towards drag queens and against young african americans. >> o'sullivan is representing 20-year-old deshawn and the criminal charges he now faces. he is addment that since u.s. airways has no dress code and allowed the passenger to board, yet ejected mohr man says this is not about clothing, but about race. >> he was black and he had dread locks. why would they have stopped him? no passenger complained about him. he was respectful. >> thank you. >> passenger wright's attorney reviewed u.s. airways flight policy and found inappropriately clothed. tas it. two words. that statement allowed their pilots to decide. he offers this warning. >> keep your mouth shut. you land, you take care of it with paperwork there. don't try to get into a battle with the attendant. you're not going to win. >> consider this, a u.s. airways spokesperson tells cbs 5 by phone, as long as someone is not showing partings of their anatomy, they are permitted to fly. the fort lauderdale passenger is certainly not exposing himself in the photo that you see, but jill claims his anatomy could be seen nay that bathing suit bottom. i questioned the airline spokesperson about what constitutes anatomy. his reply, it is up to the pilot. >> a lot of information there. the one interesting thing is, it's a couple words. inappropriate clothing. that's it. so it's up to the interpretation of the flight crew. >> flight attendant can weigh in. it's up to the pilot to make the final decision. but the cabin crew makes the final decision about who flies and who is ejected. >> how about lack of clothe something. >> they say that if you are exposing ourself, then you are now permitted to flie. that you are harassing other passengers so they will stop you immediately. the interesting point is, the attorney representing mohr man said he received 30 complaints since he assumed this case from those who say they have some kind of alleged descrim nay story incident against u.s. airways. he is building more information. >> robert, thank you for that. >> the state controller told california lawmakers today you failed at passing a balanced budget, so you will not get paid. the budget passed by legislators last week spends nearly $2 billion more than it takes in. he said many parts of it miscalculated or unfinished. since voters decided in november that lawmakers should not get paid if they don't pass a budget on time, he is withholding paychecks until a deal gets done. >> when we checked if they crossed their t's and doted their i's, there are bills that were not passed into law, so the revenue that would have been provided could not be recognized. >> political grand standing and there is already talk of a lawsuit to challenge his ruling. governor brown who vetoed the budget said simply, lawmakers should get back to work on a solid budget. president obama plans to lay out the next step during a prime time speech tomorrow night. he's expected to start pulling u.s. troops off the front lines. dan yet nottingham with why it could come as early as next movant. >> u.s. forces home from afghanistan as early as next movant. a senior pentagon official tells the associated press the president is expected to withdrawal # ,000 troops this summer and another 5,000 by the end of the year. troops are part of the 30,000 he ordered in the surge strategy in 2009. top white house aids say the president will explain what happens to the remaining troops in a prime time speech wednesday. >> the president made the commitment that forces would begin to draw down in july of 20 # #. he is keeping that commitment. >> president obama called hillary clinton and robert gates here to the white house for one last strategy session before he addresses the nation. top military commanders have -- the u.s. doesn't lose any ground gained against the taliban. especially after the killing of osama bin laden. secretary gates who retires next month says there is a lot to take into consideration. >> there are concerns among the american people who are tired of a decade of war. so the president obviously has to take those matters into consideration as well as the conditions on the ground. >> white house aids say the president also wants to make sure the troop drawdown doesn't delay putting afghans in charge of their own security by 2014. danielle nottingham, cbs news, the white house. we'll be carrying the president's address to the nation live. >> and now the stories making headlines around the bay area. the medical examiner has just identified the man found dead in the harbor near fort mason this morning. he was 20-year-old dennis noel ton of olympia, washington. neighbors tell police they found two young men living out of a car. the car had washington plates and a sticker traced to an air force base outside of o'limp yay. >> 28 fraternity brothers are looking for a home early this morning. the fire reportedly ignited in the laundry room. a few students tried to put it out, but it already reached the attic by then. the school as well as other fraternities stepped up to help. the house is a total loss, but a few items were salvaged. >> it was pretty common practice around san francisco. now two people are under arrest in a counterfeiting operation that caused the mta thousands of dollars every week. grace lee shows us what has changed in the last month. with every illegal transfer ticket sold on the street, money is stripped from san francisco's muni system and it's a problem that plagued muni for years. >> how much? >> a cbs 5 investigation found some of those tickets had the same serial number and appeared to be counterfeit. now police say it's true. >> you guys brought attention of the counterfeit. >> two suspects were caught in the act counterfight transfer tickets in a home on the 3100 block of 18th street. he believes they may be part of a larger crime ring. >> all the paraphernalia was there. there was a laptop, cutting devices. there was even computer programs that help you print things. >> once inside, police say they confiscated 287 counterfeit tickets and while out here on the street, you only get $1 a piece for those. police estimate they are raking in at least $500 a day. >> that's a big loss to muni and a big loss to city revenue. >> what is muni doing about it? we took that question to the head of security. >> we have under cover officers that are out there that are monitoring this. we have the response team. these folks are doing a great job. >> this continues to be a problem for such a long period of time. >> it's not something that comes up today and we make an arrest tomorrow. it's an on going thing. this particular investigation with these two individuals was a three month process. >> to avoid the problem of counterfight all together, he has been pushing to get rid of paper transfers and switch to the clipper card. it has been an up hill battle. >> this would be change in the way they do business and with change comes problems and issues and a lot of people don't want to change. >> he is hopeful those arrestings will make a difference. >> we have momentum there that we can see this is the problem. >> and hopefully slow the counterfeiting culture that has been so rampant for so long. in san francisco, grace lee, cbs 50. and customers caught with a counterfeit ticket could face $75 fine. your commute is more than just a headache. what your daily drive is doing to your body. >> and if you want a good night's sleep, this is the way to go. the trick that works with babies that had work for you too. >> this is not a trick question, but obviously what you see here in the city of san francisco, yes, it's the return of june gloom. the areas that will come significantly for our wednesday. ,, walking around. dais like today have most people reaching for the sun block if they're going to be out walking around, but now a new study finds that you might need that sun block even in your car. the surprising cancer risk that commuters face. >> it is the first day of summer on the freeway. one of the most congested freeways in the bay area. on the longest day of the year, there's one more reason to hate your commute. a new study by the jour until of american academy of dermatology confirms what many have suspected. when it comes to skin cancer, it is more likely to arrive on the left than the right side of your body. the study found when it comes to the more common but lethal melanoma cells. 50% of the cases were reported on the left side of the face. 53% on the left arm and 52% on the left leg. for the rare and aggressive carcinoma, 52% of the cases were reported on the left side of the face and 55% on the left arm. the study said the likely culprit is all the sun you get while in the driver's seat. let's say your average long commute is 45 minutes. that's an hour and a half a day, 7 1/2 hours a week. 30 hours a month of sunshine that you probably didn't know that you were getting. in fact the study says while driving, your left arm gets five times the amount of uv rays that your right arm does. >> definitely i'll have one side darker than the other side. >> already uses a sun shade and wears sun block while driving to fight the wrinkles. >> to look beautiful, you have to think beautiful. >> after a hearing about the study, julia lowe plans on wearing more sun block behind the wheel. >> why don't you drive less? >> we can. how can you drive less? buck l up, stop texting. and now grab the sun block so you can live to drive another day. >> if you roll up the windows, it will block the majority of the uv rays. some rays will get through the glass. over time that can be a problem. so wear that sun block and if you can, put on long sleeves and try to protect yourself. in fremont, cbs 5. all right you want to sleep like a baby, try a hammock. the new study suggests lying on a rocking hammock can soothe you into a quicker, deep, more satisfying sleep. the brain waives of healthy adults as they nap on a stationary bed or an a hack mock. the brain waves showed that those on the hammocks fell asleep more soundly and woke up more refreshed. >> peaceful, nice calm. >> on hot dais, it's nice to hang loose. >> she's right. but sleep specialists say the study was too small to draw any definite conclusions. hammocks are used to treat premature babies in columbia. they are placed to cradle the babies, making it easier for them to breathe. >> wow, a hammock would be nice on a hot day. >> roberta. >> today is turning out to be the hottest day this year. it is cooling dop all because of the return of the sea breeze. look at that. your ship has come in. >> okay, so here's the return of the marine layer. the temperature in san francisco to 79 today. comparison 2088 degrees yesterday. but look at this. triple digits east of the bay. pleasantton, 103 in gilroy. tomorrow morning we're going to notice the saturation at the coast and then surging into the bay, a little bit of stratus make it inland as well. watch the clouds tick on by. this is your morning commute and this is notable because this is bringing the cooling to the bay area. notice the clouds hang all day around the sea with hints of sunshine. i'm going to get to your temperatures. for your wednesday, cooler. 85 degrees in pedaluma. that's 10 degrees cooler than today. low 90s and nasa and also tay know ma. mid and high 90s in vascularville. you will put a little bit of a notice of a difference there and compare some of those triple digits. peninsula; 70s and 80s. that's still 90 degrees above average and a west wind 10 to 20 miles per hour. significant cooling takes place on thursday. additional cooling on friday through saturday. and marry and napa, thank you for your picture. she proved it was 101 today. keep the photos coming the. don't go away. we'll be right back. ,,,,,,,,,, man: everybody knows you should save for retirement, but what happens when you're about to retire? woman: how do you go from saving to spending? fidelity helped us get to this point, and now we're talking about what comes next. man: we worked together to create a plan to help our money last. woman: so we can have the kind of retirement we want. now, you know how this works. just stay on the line. oh, yeah. fidelity investments. turn here. s to know: they moved into the neighborhood, now it's time to kick them out. mary wants to know what's being done about all those gofers popping up at the golden gait park. that's tonight's good question. i see you, you little rat. well actually that's not a rat, it's a gopher. >> gophers are a problem. they are rodents. they are a pest. they are naturally occurring. >> they take up residents in san francisco's golden gate park. park and rec's director of operation says they have always been here, but they are at war right now. >> we are fighting back and forth on. >> and this is how they are fighting the war, with traps. every one of the park's 200 gardeners has been trained in setting these devices. >> spend the first part of your morning putting gopher tracks in the burros, covering them up. then uncovering them and' if you trapped any. >> they are averaging from 3 to 12 a day. >> owls, hawks, and chi ye tees are getting the rest. they could wipe out the program all together, but it's an option they do not want to use. >> we trap mechanically. >> the trapping will continue. >> you're at war with them. the battle will continue. >> your towardenner is on duty. >> go to cbssf.com. click on connect to send me your good question. well dug themselves out of a hole tonight. i'll be here all week. thank you very much. you won't believe it, next. in sioux falls, i locked in a rate. coach, you get that house yet? working on it. [ coach ] the appraisal? ...springfield. wherever i was, my citi mortgage consultant had me covered. [ crowd cheering ] and 500 miles from home... [ cheering, cellphone beeps ] ...we finally had a new home. [ male announcer ] from pre-approval to closing, citi is with you every step of the way. around anymore all right giants fans, you don't have atly to kick around anymore. madison was on the wrong side of history tonight. buster showed up with a glove over that injured ankle. madison gave up eight straight hits to open the game tieing a mayor league record. all eight of those hitters scored. the only out was a strikeout of the opposing pitcher. the last american league team to open a game with eight straight hits was the yankees 21 years ago. minnesota did that tonight. bumgardener was yanked. giants lose their 5th inning. they drop 1 1/2 games back. a's starter and living up to his name. the sixth inning, hoffman is allowed four runs. a couple weeks continue to be a blur. tell me if rookie hennedderson left and not playing off. and it played diff tends. left weeks who scored eight runs tonight. under the groat bob melvin who was a cow guy, by the bay, and a giant. thank you. >> thank you. >> david that's. national coach of the year today, but that was only the appetizer. texas a and m and elimination against against the world series. freshman campbell. derek matthews scores. then the rains came. cal office really poured it on then. you know that's their first world series win since robert reagan was swept into office. >> i don't like to think too much. when i think too much, it doesn't work well for me. so i mean, i kind of play it simple, i guess he said. >> we have been down all year. we had to fight back. whether it's getting our program back and we fought on the field every single game. >> time for the top five on a tuesday night. >> at number five, barry zito wants his name back in the rotation. he picked a complete game shutout. does he have a spot, that's the question. cocoa crisp robbed him on a -- number three, what's worth more. the bare or the basement. that calls a ma days. how frustrating has it been for the nature. castilla. look at the throw. and he got the out. serena players hasn't played since winning at bumable don last year. threatened her life, serena struggled, but won in three sets today. >> i didn't expect to play. i didn't expect to even do anything. so this is just -- i'm just excited. i never cried with joy for anything. >> last year july she cut her foot in a restaurant and that set the chain of events in motion that kept her off the course for a year. >> it's ai maizing. she is so engaged. >> and venus is there, too. we'll be right back. ,, droid ! fee court is now in session. ♪ that airline charged me a 150-dollar change fee. southwest would never do that. your honor, chump change. that is not right. i don't understand how three clicks of a mouse can cost me 150 dollars. sir. it's personnel on the telephone. [ laughing ] it's computer time... it's personnel on the, on the, on the desks. we can't afford to do this for free, your honor. jury? guilty. [ cheering ] [ male announcer ] don't pay a change fee on top of a fare difference. fly southwest, the only major airline that never charges change fees. fly southwest, the only major airline and a forward thinking spirit. at bank of america, we've been fueling economic growth here for over a century. today we're investing in innovations that will define our future. every day, we're working to help set opportunity in motion. from financing a solar project for the milpitas school district to funding the institute at golden gate. because when you're giving, lending, and investing in more communities across the country, more opportunities happen. here's our crew in the control room. >> were they awake? >> yeah. you're going to get cut off the air for that. >> definitely in control. >> hi guys. >> she said it. all right, amy