you. harmful fruit flies have been discovered in san jose, and the state agricultural workers are trying to prevent an all-out infestation. the quarantine area now in effect what you cannot do with the food you grow at home. first, breaking news within the past five back minutes, a federal appeals court ruled that texas can indeed temporarily resume its new abortion law, the most restrictive in the country. it comes just 1 day after a lower court in austin sided with the biden administration, and suspended the law. the new orleans-based appeals court granted an emergency order that puts the law back in place for now. pending a review of the states appeal. our top story right now on the kpix 5 news at 7:00 , and streaming on cbsn bay area , a lot of people heading into san francisco this weekend. a convergence of several high- profile offense pumping new energy into the city. it almost feels like old times. good evening. i'm elizabeth cook. and i'm ken bastida. a different vibe out there

tonight. kpix 5's andria borba is live in the marina. >> reporter: i've heard a lot of shouting out here, and screaming and cheering for the giants game tonight. residents and business owners have been talking about one thing today, and that is how busy it is out here on the streets of san francisco. for businesses, this is a very good sign. >> we are really excited about it. we think it will be the best weekend so far since the pandemic started. >> reporter: joe is with the san francisco's visitors and convention bureau, and says it is not like pre-pandemic levels, but is a good start. you notice how busy it is by driving down the streets. lombard street was packed after getting off of the golden gate bridge, and there is a lot more congestion on city streets in general. areas like the marina are noticing the extra traffic as well, and businesses are so thankful to have the extra foot traffic. they are noticing more people coming into their stores and

are glad to see signs that the economy is starting to bounce back. >> before the pandemic, san francisco had one of the highest hotel occupancy rates in the nation, top 25 markets. >> before it was really in and out a little bit, and now they are buying stuff enjoying themselves, and we have a lot of tourists. >> especially with the shutdown, it was way calmer. it wasn't the same city feel that you really wanted out of san francisco. it is back to normal. >> reporter: vicki is that they feel this is just the start, and they would like to see this kind of keep on going so the economy can recover from the pandemic. back to you. >> andrea nakano reporting live. san francisco is the center of the sports world tonight. you might have heard. the giants are playing the dodgers in game one of that division playoff series.

we checked just before game time. tickets are going for as much as $640 online for last-minute seats, and just down the road, the warriors are playing their l.a. rivals, the lakers, in a preseason matchup. darren peck joins us live now from momo's restaurant near the park. we could see rain later on tonight. >> reporter: after midnight. it is not going to rain on the game, but there is a chance for light showers by the time i get past midnight. i am hanging out outside at pregame party central, and the merchandise is a lot lighter than it was when they started. you can hear the crowd every time there is some action on the field outside second and king. if you look at height of doppler, the showers off of the coast are going to take their

sweet time getting here. we don't get rain, or a lot of rain about what little rain we do get is not coming into the bay area until he get past 11:00 tonight, really midnight for the heart of the bay. i will show you that on future cast in a complete forecast when i check back in again coming up in a few minutes, for the whole forecast. i will be outside the stadium as well, listening. there's a lot going on in there right now. back to you. >> thank you for that. om after 2 years as a covid crisis unfolded on the grand princess cruise ship, they are coming back. cruise ships are returning to the port of san francisco. >> as kpix 5's da lin shows us, the first ship arrives next week. >> reporter: the majestic princess will carry more than 2200 passengers. it will dock here at pier 27 monday morning. the passengers are expected to empty the ship to shop and dine in san francisco. that is great news for the pier

23 cafe, located next to the dock. on a packed day like today, and because of fleet week, it is hard to tell. his restaurant is actually struggling. unlike today, he says most weekdays are pretty quiet. >> we are doing about half the business we used to do. >> reporter: with passengers arriving next week, it is a good sign for his business. >> hopefully a big boost. >> assemble a business and visitors returning, but more than a simple, folks who will be able to say businesses. >> reporter: for some residents, the last cruise ship to enter the bay last march symbolized the beginning of covid. the grand princess had more than 100 covid positive passengers, and at least seven people died. >> it is more safe for someone to come into san francisco on a cruise ship because they have been tested and vaccinated and have all these protocols. >> reporter: the port of san francisco says 21 cruises are scheduled to come in this year.

next year will be a record 127 ships. >> it is good news for everyone in san francisco. chinatown, we will have a lot of tourism coming in. >> reporter: the san francisco travel association says things won't be back to normal until 2025 at least, because there is very little international and business travel. as of travel reports, in 2019, 63% in visitors spending was by international travelers. from san francisco, i'm da lin, kpix 5. soon you could be able to ditch your mask indoors across the bay area. in san francisco, don't expect them to disappear completely everywhere you go. the city plans to begin rolling back its indoor mask mandates for many settings getting october 15, but it does not include restaurants or bars. >> we are looking forward to having future conversations, and i hope that as soon as we are able, we can stop the

masking, but for now, we get it. >> it is really testing the waters, and it is a phased approach. it's a roadmap, a starting doesn't mean this plan is written in stone for ever. >> the city's plan is to relax masking rules in settings where regular groups of fully vaccinated people are gathering, including offices, gyms, and religious gatherings. beginning october 15, masks won't be required if the employer or host can verify that everyone is vaccinated. tonight, governor newsom is putting a positive spin on tesla's decision to move its headquarters out of silicon valley and into texas. the governor says california is still a great place for entrepreneurs and innovators. he says the state is home to 60 electric vehicle companies, and there are no hard feelings about the decision. >> i have known elon musk for 20 years, and i appreciate the investments he has made, the

innovation, his spirit, pushing out the boundaries. he's invested untold amounts of money in this state to create thousands and thousands of jobs, but he hashed outhe boundary of what's possible. >> tonight, there is a new theory on what may have caused to the big oil spill in southern california. according to the l.a. times, the u.s. coast guard is saying the damage to the pipeline could have happened nearly 1 year ago. the oil spill sent tens of thousands of gallons of crude into the ocean. now investigators believe in anger could've hit the pipeline months ago, displacing a portion of the line, and weakening the pipe. the report says another strike underwater could have caused the actual spill. still ahead on kpix 5, and streaming on cbsn bay area -- all right police have released the body cam footage of a fatal officer involved shooting of a man wanted for attempted murder, and it looks like the suspect fired first. this bay area bus grabbed our attention. a ki erent quhas nothing

to do with covid. it's much-needed, we are ca wait until we get some really good snow. >> it's just a start in this era after a long, dry summer. and streaming tonight on cbsn bay area, we sit down with natalie morales, the new host joining "the talk." that's at 8:30, then at it: 40, meteorologist paul heggen look at the effects of climate change on our wine industry. you can find us on kpix 5, or on the kpix app

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sim new video has just been released of a fatal gilroy police shooting that happened last month. we want some more you knew it is a little graphic. said he wanted to turn himself in. he called police and told him that. kpix 5's kiet do on what happened next. >> reporter: it happened here at the post office in downtown gilroy. the man's name is david lopez. police wanted him for attempted murder. exactly one month ago, he called gilroy police apparently trying to turn himself in. >> 911 emergency. >> yeah -- >> reporter: it was to: 31 in the morning when david lopez called 911, admitted he was drunk, high, and under the influence of other substances, and wanted to meet an officer at the post office. the dispatcher asked twice if he had any weapons. >> are you armed at all?

>> oh, no. it wouldn't be calling you if i was. >> reporter: lopez here wearing a white t-shirt and standing under the overhang. officers now know lopez is wanted for a violent felony. the plan is to make him lay on the ground. >> ask him to lay in the prone position please. >> reporter: the first arriving officer rolls up slowly and tries to talk to him on the p.a. lopez just starts shooting. >> shots fired. back one bullet struck the patrol car. at this point, they say lopez is gun malfunctioned, and he pulled a second gun. the officer then returned fire. a second officer arrived on scene, and investigators say lopez and points his gun in that direction. the first officer repositions and fires another two shots. one of those bullets hits lopez . he dies a short time later. here is that same moment captured on the officers body worn camera. b

in all, total of ven rounds were fireand only one officer returned fire. the gunbattle lasted less than one admitted. anita lopez and sondra arellano are lopez's sisters, and they say the police video was highly edited, and they want the video released. >> the footage doesn't show everything. it is paused in the beginning. who knows if he shot first or not. >> that's what it looks like in the video. >> reporter: do you trust the system to hold these officers accountable? >> there had to be more than one body cam video that aren't being shown or released. >> reporter: the santa clara county das office released a statement, quote, it is the das role to determine if the shooting was lawful. we will release a public report detailing our decision. if it's not legal according to the review, we will charge. in downtown gilroy, kiet do, kpix 5. taking a look at top

headlines right now, there is a done deal. the house is expected to come back to washington on tuesday to pass it. the jordan bell raises the debt limit until early december , avoiding a financial disaster. the senate approved it last night. >> people continue to get their social security checks, the military can get paid, and so much more. >> reporter: on the covid front, tonight the president is pushing private companies with more than 100 employees to mandate vaccines, or testing, or risk fines. he says the labor department is working to prepare an emergency rule. one of america's biggest economic indicators just missed the mark. according to the labor department, only 194,000 jobs were added in september, well below the 500,000 economists expected. tonight, these two wealthy parents have been convicted in the first college admissions scanl er casino executive, found guilty of paying $300,000 to get his daughter into usc, the other informers staples executive convicted of paying more than $1 million to get his kids into

usc, stanford, and harvard. they will be sentenced next year. how nice is it to see this, the first snow of the season in the tahoe area, just enough to cover the mountaintops and trees . here is another view from a ski resort. that looks pretty good. coming down pretty good tonight . no one is going to be eating outside at those picnic tables. that is a good sign. meanwhile on the fire watch, we get it first look at dozens of giant sequoias that were burnt in the windy fire in the sequoia national forest. vegetation and forest management specialists have been out surveying the damage today. at least 74 majestic trees have been completely destroyed. meteorologist darren peck is tracking a fire weather watch, believe it or not, even with snow on the mountains. it's going to be cold tonight at the giants game.

>> reporter: it will be. it is the last thing on people's minds, especially considering we will get light rain overnight. i see a little bit of missed. you can see the breeze in the flag. the breeze had just quieted down outside where i am here, and we are at second and king. this is pretty much party central before the game. jim, you have been selling t- shirts and hats since 75 at candlestick. >> 75 at candlestick park for the niners and giants. >> reporter: what was it, and how to 50 years? >> 150 years between the three of us. >> reporter: the vibe tonight at oracle, how is it compared to some of the bigger nights for giants? >> probably 2010, the first time the giants made the world series. just having the doctors as an opponent just made it all that much more fun. >> i can attest from being out here earlier. you had a good night, a lot of

people out here tonight. >> reporter: let's get into this forecast. when i look at hi-def doppler, you see that band of rain off of the coast, that is the light rain coming onshore tonight. you will see the progression of that, as it pretty much falls apart as they slowly march their way across the bay area. probably 0.1 inches of rain between midnight and sunrise, that's it. then we look ahead. tomorrow has more sunshine than anything else, and slightly warmer. if you are coming out to watch game two, it won't be as windy. it will be slightly warmer than today, and then sunday is the warmest day in the whole 7 day forecast. temperatures across the entire bay area are still chilly. we still have cool air thanks to this system bringing us light rain. we showed you the pictures of snow in the sierra, down to about 6000 feet. we have a cool air mass. lengthily it is a nice, early

fall season. the 7 day forecast shows us we have a warm-up going into sunday. but just 5 to 10 degrees warmer on sunday. then we cool back down a bit from there, and that will be a gradual cooldown for the rest of the forecast. that is where things stand weatherwise and giants wise, from second and king outside oracle. back to you guys. >> thank you for that. still ahead, what is going on here? guns in the toilet? the unusual bust at a bay area high school football game. a new bay area quarantine tonight that spans

now to an unusual gun bust at a high school football game. >> san francisco police tweeted out these pictures a while ago, disturbing to say the least. police say they arrested a gang member and accomplice who had guns at a high school football game yesterday. they apparently tried to hide them in the bathroom, specifically in the toilets, but were unsuccessful, obviously. it happened that kezar stadium, where mission and balboa were going at it. now at 11:00, people in the south they are facing a di ofarantine. state agricultural officials

are imposing a quarantine on fruit and almost 100 square miles in the santa clara valley. is because of an invasion of an oriental fruit fly. the ag commissioner says the pests aren't native to the area, and in infestation could endanger the county's $21 million fruit industry. >> we don't want these fruit flies to spread. that would be really bad. if we could nip it in the bud now, that would be good. up next, beautiful sites under the golden gate bridge. a parade of ships, and how you can enjoy fleet week.

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a live look at san francisco city hall, lit up for the italian heritage month, and the big parade on sunday. is not every day you get to see the side of the bay. chopper 5 ea ier todathey can ed to four of the sh some of the ships in e liup clude three ided missile destroyers, an landing ship. we have a full list of fleet week events on our website, kpix.com. >> it will be a packed weekend. >> it already is. >> i know. we are talking about how to get into the city and get around, just walk. it's a lot easier. >> not a bad idea. ♪ ♪ ♪ ♪ just two pills for all day pain relief. aleve it, and see what's possible. all denny's pancakes are made to order with fresh buttermilk. but this month's spotlight stack feels like fall. and is the pumpkin-iest pecan pie drizzliest

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