>> i'd ask the park service, um, if they have seriously evaluated their capacity to ensure the safety of people who would attend such a rally. >> reporter: the promise of a big opposition turnout and the possible question of violence is also being used as a chip. >> i see a turnout in force in the mold of a build-up we show a resistance, what happens on that day, the more likely it will be that that permit should and will be revoked. >> reporter: in reaction, pay the prayer organizer joey gibson, who has led similar demonstrations in seattle and portland, is doubling down, as well. >> the people at the top, they are doing everything they can to hold on to their power! >> personally, i would want to confront them. >> reporter: now, it's going to be up to the trump administration to decide whether to issue the final permit. and it's going to be an interesting chain of events when this is issued. then san francisco is going to have to do whatever it can to

maintain peace. that could be expensive and risky. >> what's interesting is some people call it hate. some people call it conservative. some call it free and clear speech. where's the line here? >> reporter: that's an interesting question. we are no stranger to demonstrations here in the bay area. some of them have turned violent, as well. attacks on property, attacks on police. i guess would you say it's in the ear of the beholder. if you consider it hate speech and it is, then you can make your voice heard as well and that's what politicians are doing to the interior department to try to get it pulled here. >> in the ear of the beholder. all right. phil matier live in crissy field, we appreciate it. thank you. a memorial service was held today for the 32-year-old woman killed during the protest in charlottesville. heather heyer was killed saturday when a car ran into a crowd of people demonstrating against the white nationalist rally. family and friends took turns sharing stories about the woman they say always fought for what

she believed in. >> they tried to kill my child to shut her up. well, guess what. you just magnified her. >> no father should have to do this. i love my daughter. and as i look out on you guys, you loved her, too. >> she wanted respect for everybody. and our family "all lives matter." >> memorials for the two virginia state troopers killed in a helicopter crash while monitoring saturday's protests will be held later this week. more business leaders cut ties with president trump today. it is the fallout from his controversial comments in the wake of the charlottesville violence. reporter brook silva-braga on two former presidents who also took a veiled shot at mr. trump. >> reporter: hello, veronica. the president left trump tower several hours ago. moments ago hundreds of jews

protested across from trump tower against anti-semitism and the president. and on the other side of the street at the moment, a handful of trump supporters are here. one of them brandishing a green kkk flag. the tensions and rifts exposed by the president yesterday continue to show. just before departing trump tower in new york city, the president ended two white house business groups. he tweeted rather than putting pressure on the businesspeople of the manufacturing town sill and strategy & policy forum, i am ending both. in the past few days, several business leaders resigned in protest over the president's comments yesterday that white nationalists and counter- demonstrators were both to blame for violence in virginia last weekend. >> not all of those people were neo-nazis, believe me. not all of those people were white supremacists. >> reporter: the controversial comments sparked condemnation from top ranking republicans and democratic lawmakers. >> what we saw yesterday was the president is clearly

demonstrating that he doesn't know right from wrong, true from false, american patriotism from white nationalism. >> reporter: vice president pence says what happened in charlottesville is a tragedy. >> i spoke at length about this heartbreaking situation on sunday night in colombia. and i stand with the president and i stand by those words. >> reporter: in a joint state, former presidents bush said america must always reject racial bigotry, anti-semitism and hatred in all forms. the heads of the four military branches also weighed in with the army, navy, marines and air force heads tweeting messages condemning bigotry, although they didn't name their boss or his words specifically. outside trump tower in new york, brook silva-braga, kpix 5. efforts to take down confederate monuments now stretch from the deep south to the west coast. dozens of calls came in to take

down a memorial in l.a.'s hollywood forever cemetery. those came in overnight and within hours it was gone. officials say they decided to put the monument in storage after it was vandalized. in san diego, city leaders wasted no time removing a plaque remembering jefferson davis, the president of the confederacy. a local councilman tweeted this picture of its now empty place on the sidewalks saying monuments to bigotry have no place in san diego. in baltimore, the mayor ordered four confederate monuments removed overnight. crews lifted the statues on to trucks in the dark and they were gone by morning. the mayor says she made the call to avoid any violence. >> i thought that there's enough grandstanding, enough speeches being made, get it done. i said, with the climate of this nation that i think it's very important that we move quickly and quietly. >> in the meantime in birmingham, alabama the mayor ordered crews to cover up a confederate sailors and soldiers monument. for the most part people there

show support driving by honking horns and cheering. in other news, we are learning more about the children killed in a mobile home fire in san jose. this 10-year-old linda van, she and another child and grandfather were caught inside the home yesterday when flames spread through the mobile home in the golden wheel park. the other victim identified as 9-year-old [ indiscernible ] shown with her friend linda. federal investigators had dogs out sniffing for anything that could have started the fire and help it spread. they also sifted through the debris for any clues. firefighters say that the home was fully engulfed when they got there and then partially collapsed. >> this is devastating to everyone here. it's -- these things go up like a matchbox. and it's very, very sad. and so as a community, you do what you can do. you bring something to -- something to this family that you don't know what to do. you don't know what to say.

>> there is a "go fund me" account set up to raise money for the families. people are upset over the way homeland security agents handled a federal search in west oakland today. chopper 5 was overhead as they served a criminal search warrant on 27th street. people who live in the area thought it was an immigration raid, mistakenly. they vandalized the area by writing on the sidewalk, we love our neighbors. kpix 5's neda iranpour reports. >> reporter: several people have been gathering in front of this home all day long since about 7 a.m. after they saw homeland security agents show up. oakland pd confirms this was a federal criminal search warrant in connection with human trafficking of children. kpix 5 cameras were there as a man covered in a blanket was taken by law enforcement. he is one of two men removed from the home in oakland. >> it does surprise me. i didn't see it coming. my mom didn't see it coming. >> reporter: laura barrios says they took her brother and

brother-in-law. >> i live here with my mom and my family, sister, husband. >> reporter: oakland police say this was a federal criminal search warrant issued over human trafficking of children. >> we are a hard working family. we have a family-owned business since 2005. so it does threaten me a lot, if they separate my family. >> reporter: it upset neighbors to let barrios and her family know they don't agree with homeland security's ways. they also wrote out in chalk, oakland pd is a disgrace for being at the scene. >> it's tough because we don't know what's going on in there! and we know that there's a lot of injustices that are happening and we care for our neighbors and we care for immigration rights and, yeah, no person is illegal. >> reporter: we told another neighbor they were wanted for human tracking of children and he said he doesn't believe the

authorities. a sign of broken trust in homeland security. >> there's some kind of plot against this family for whatever reason. >> reporter: what have you seen go on in this house? >> oh, just mostly just people living, they have a family and run a janitorial service. >> we are calling on the community to say this is not okay, we are not going to let people disappear like this, this is not okay. >> reporter: oakland pd stays their involvement was traffic control as requested by homeland security. in west oakland, neda iranpour, kpix 5. new at 5:00, it's being called a case of twisted justice. shoplifters caught red redhanded and offered a deal to avoid criminal charges. the judge called it extortion. kiet do. >> reporter: live here at walmart one of the retailers that will get dragged into this case. the company at the center of this all has called what they are doing a diversion program, and they divert people away from the criminal justice system and keep their backgrounds clean for a price. but a judge in san francisco

had a different name for it, extortion and false imprisonment! you're looking at video from a company called corrective education company, also known as cec. it shows a woman getting busted for shoplifting taken to a back room where she is given a deal. call police or sign a confession, watch a six-hour video, pay $500 to cec and the company won't press charges. in their corporate video, they call it restorative justice. >> whereas it's really about bringing the offender and the victim together and figuring out how we're going to resolve that. >> reporter: san francisco city attorney dennis herrera called it a parallel system of supposed justice. >> i have absolutely no down the that there were very many unsuspecting individuals who were intimidated, who were fearful and just signed up for this bogus program. >> reporter: herrera sued cec last year saying the company

actions were illegal and yesterday san francisco's supreme court judge harold kahn saying this is textbook extortion under california law, false imprisonment. the retailer and cec are acting in concert and are jointly liable." cec has been operating in 25 states including california at various stores. california alone has 13,000 victims likely raking in millions of dollars for cec. >> if you read the judge's ruling, he says that the retailers were complicit in this even though we didn't sue the retailers. so i think that law-abiding businesses are going to look at this and be quite concerned about partnering with this company. >> reporter: the company said we are shocked and dismayed! california has typically been a progressive leader for restorative justice. we are disheartened for our partners and more importantly for those californians who face a life-long scarlet letter

because of one bad choice. we believe everyone deserves a second chance. we contacted the retailers but didn't hear back. in east san jose, kiet do, kpix 5. a new delivery scam hits the bay area. >> coming up, we talk to a disappointed amazon customer who says his order another arrived. but amazon says it sure did. his fight to set things straight. >> plus, "sky drone 5" takes us over the future of transit in the east bay. for some riders, ebart can't come soon enough. >> after nearly 20 years, it is the end of the line for this floating san francisco restaurant.

my name is jamir dixon and i'm a locate and mark fieldman for pg&e. most people in the community recognize the blue trucks as pg&e. my truck is something new... it's an 811 truck. when you call 811, i come out to your house and i mark out our gas lines and our electric lines to make sure that you don't hit them when you're digging. 811 is a free service. i'm passionate about it because every time i go on the street i think about my own kids. they're the reason that i want to protect our community and our environment,

and if me driving a that truck means that somebody gets to go home safer, then i'll drive it every day of the week. together, we're building a better california. it happened along 880 near jackson street in hayward late last night. a second freeway shooting in the east bay this week happened along 880 near jackson street in hayward late last night. the first happened less than 4 miles away on monday morning.

kpix 5's jessica flores reports the shooters are still out there. >> onlookers observed a person hanging out a car window shooting at another person. >> reporter: chp says the suspect fired a gun into the victim's car multiple times. no one was shot. however, broken glass injured a passenger. chp says the victims, both driver and passenger, are teenagers. >> they determined the injuries were minor. >> reporter: chp closed down lanes to collect evidence and as officers looked for the suspect in hayward, investigators are looking for the man who shot a driver in the head early monday morning. along 880 near the lewelling exit. road rage may have triggered monday's incident. the victim is in the hospital in critical condition.

>> too early to make assumptions that they are connected. >> reporter: there's no detailed description for the suspects. witness monday say the vehicle was white. in hayward, jessica flores, kpix 5. a woman and her husband are being deported to mexico. they have been working in the u.s. for over 20 years and have no criminal record. senator dianne feinstein tried to help keep them in the country. that didn't work. now they plan to take their 12- year-old son with them to mexico and leave their three daughters here in the united states. construction is under way for ebart. a bart extension for eastern contra costa county. the line will run from the pittsburg bay point station to antioch. as kpix 5's juliette goodrich explains, the extension can't come soon enough. >> i have to wait here for 35 minutes. >> reporter: meet this man from antioch. >> i have to wait 35 minutes for a different bus. and then get on the 388 again. >> reporter: his commute story

is like many others who travel by bus or car between antioch and the pittsburg bart station. >> come back, wait 35 minutes for another bus. >> reporter: and today while he sits at the antioch bus stop, work is happening daily on the ebart extension project right behind him to connect the two cities by rail. "skydrone5" flew alongside the ebart train today as engineers were testing the safety systems in place. in particular, the train's fail- safe system that will stop the train automatically. the trains will move close to 2500 people per hour during the morning and evening rush hours. >> it will be perfect for me. save a lot of time. get to work on time. >> reporter: bart engineers have been working on this 10- mile stretch of etrack checking for structural deficiencies, making sure it is sound when it is up and running. now, this ebart system is operated on diesel so they are much more fuel-efficient.

these are smaller cars and easier to maintain. and the biggest bonus for the passengers riding in them, the stretch of antioch to pittsburg and back only 10 minutes one way. that's shaving off a lot of commute time for these bart riders. and for riders like him, the ebart trains can't come soon enough. >> i'll be able to get to work faster and get home faster. >> reporter: uliette goodrich, kpix 5. >> it should start running in may next year. coming up at 6:00 a potential complication for all bart riders as bart considers a delay to the morning start time by an hour. juliette will have that story at 6:00. you order something online, you expect it to be delivered within, what, like a week or so? but one amazon customer said it didn't arrive although amazon records show it did. julie watts tells us about a new delivery scam. >> this is the camera i bought. >> reporter: dave says the third party seller on amazon seemed legit until the delivery

confirmation for his order arrived before the delivery. >> i thought that was strange. >> reporter: dave's amazon account only said his package had been delivered to pleasanton, california, which is where he lives. but when he called fedex to investigate -- >> they said no, this is never addressed to your address. this is addressed to a corporate address. >> reporter: where according to amazon, it was handed directly to a receptionist and someone named [ indiscernible ] signed for it. >> that's not me. >> reporter: he is not alone. other amazon buyers are now complaining of what they call a new scam, where third party sellers send your package without the product to another address in the same city where someone else signs for it, creating a delivery record that prompts amazon to deny your claim. >> all amazon at this time seems to check for is that the package shows it delivered and signed for in that same city and state. >> reporter: amazon says with the a to z guarantee customers are always protected. but like the others, dave's claim was denied despite fedex records not once but three

times after which amazon said it may not reply to further emails. so we reached out to amazon which finally agreed to refund his money telling us, amazon does not tolerate fraud and as fraudsters get smarter so do we. dave just wishes it hadn't taken hours, three appeals and a call to a tv station for amazon to acknowledge the fraud. >> i knew i was completely in the right. >> reporter: now, they wouldn't comment on dave's case specifically or say whether or not it confirms the delivery address before denying a claim. but dave notes his seller was brand-new, had no reviews. it is always best to choose an established amazon seller especially third parties with multiple positive reviews. julie watts, kpix 5. pretty confident the weather today got some positive reviews. is it a five-star day for you? 70s returning? 80s not that far behind. coming up, when we get back to normal, how long we'll stay sunny at the beach. what is that? i haven't seen that in like two months. your weekend forecast coming up. >> coming up all new at 6:00,

dreams of a quiet retirement in wine country rattled by the constant firing of cannons. a couple says their neighbors' strategy as to scare off birds is going way too far.

on monday! our ken bastida will be reporting from oregon.. from the path of totality. his reports begin this saturday on kpix 5 news. we are gearing up for the eclipse on monday. ken bastida will be reporting from oregon in the path of totality starting saturday on the kpix 5 news. >> hopefully we'll be able to see it in san francisco. >> it will be nice to see the 75% block. the big story in oregon will be the lead-up. they are not ready for this many people. there are so many people coming from all around the world to witness this thing. and, you know, oregon has a lot of people. but the population may double coming up this weekend ahead of that totality where the total solar eclipse will happen about 7 or 8 hours to our north. here's a look out our weather around here. it's the opposite of a total solar eclipse. you actually see the sun at ocean beach today for the first time since late june.

it's been cloudy almost every afternoon. today is an exception. that syd, you're still chilly mid-60s, that said, but it feels nicer. livermore 10 degrees warmer in the low 80s almost back to normal. numerous thunderstorms right now in and around lake tahoe. look at that on the california side of the border things moving north to south but these particular storms not moving very quickly so some heavy rain and lots of lightning around tahoe this afternoon. for us, of course, we are dry. the driest place in north america come summertime and that's not changing today or tonight. overnight tonight vallejo 59 with a milder afternoon. it will be a milder night. low 60s concord, livermore, san jose, mountain view. 57 with fog returning to san francisco. santa rosa tonight 56 degrees. we have talked about the low pressure area leaving giving us colder weather earlier this week. it's gone. now the question is how close does this ring get? it's closer today. we got warmer. it will be closer to: we'll get

warmer still. it will make its closest pass on friday and saturday when temperatures will rise to the hirest levels. so the clouds burn off a little earlier today. even earlier tomorrow. as a matter of fact, east of the east bay hills and the far north bay, you won't even have cloud cover to burn off so you will be sunny from start to finish. most of the bay area perhaps the coastline again getting sunshine in the afternoon. so a pleasant day tomorrow as temperatures return to normal. so afternoon highs back to where they should be for the first time this week. that's your forecast for tomorrow. then we're above average friday and saturday. and right now, it's looking a little bit more optimistic. it's absolutely not a guarantee but monday morning, it's looking a little clearer in and around san francisco if you want to view the partial eclipse for us. 80s return to vallejo and fremont tomorrow. 90 in livermore. napa 84 with sunshine. san francisco 68. warmer friday and saturday but not hot. 80s80s and 90s inland. 60s and 70s knee the bay. near the bay.

we'll be right back.

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restaurant is closed for good. it's been at the pier 39 marina for 20 years. san francisco's forbes island is ending its voyage. the floating restaurant is now closed for good. it's been at the pier 39 marina for 20 years. people could take small shuttle boats out to the barge carrying the restaurant. now that island is up for sale. >> oh. i think they will come up with some use for that. >> yeah. >> thanks for watching at 5:00. see you in 30 minutes. ♪[ music ]

captioning sponsored by cbs >> mason: out of business. two presidential councils disband after executives resign in protest. a leading republican accuses the president of dividing the country. also tonight, she lost her daughter in charlottesville. >> i'd rather have my child, but, by golly, if i have to give her up, we're going to make it count. >> mason: they defeated the nazis in europe. >> it was just unbelievable that they had a nazi party here in the united states. >> ♪ memories. >> mason: and using music to preserve fading memories. >> it's knowing that she hasn't lost it all.