with disabilities act. how some are now fighting ba against one man who has single- handedly filed hundreds of them. right now in the kpix 5 news at 7:00 and streaming on cbsn bay area. chaos as a night at chase center ends with two falls from the upper deck, one of them fatal. we spoke with some concertgoers who witnessed what happened. >> reporter: fans we talked to say it was a bizarre night. two separate incidents. one ending in a fatality, the other with multiple injuries. some concertgoers we talked to are questioning the safety of this venue for concerts like this. >> we just felt this thud. it was a remarkable thud. >> reporter: fans of the band fish found themselves in a frightening frenzy partway through their final night at

chase center. >> one of my friends said it was it an earthquake? and another friend said i think someone fell. >> concertgoers we talked to said the man fell from above into section 116. >> i saw a man body, shirtless, drapped over a seat, like that. >> reporter: less than an hour later, something similar. witnesses say another man in the upper section of 214 fell, too. >> he clearly missed a step and wasn't holding tune that hand rail, and just kept going. >> some concertgoers are questioning whether railings in place are tall enough to keep someone from falling. >> they weren't really designed for an event where everyone was up and dancing, and there's a whole lot of drug use. >> he had gone over the clear plastic barrier, which was no higher than i guess maybe your knees. >> my buddy was, like, don't go up there, because i'm 6'4", and i'm scared of falling over the railing. >> reporter: san francisco

police are investigating both incidents and say nor signs of foul play. chase center told us it is looking into the incidents, but deferred our questions to police. just one game into the san jose sharks season, and the nhl says it has slapped star forward evander kane with a 21- game suspension for submitting a fake covid-19 vaccine card. the league also announced a separate investigation found no evidence to substantiate abuse claims brought by kane's estranged wife. in the meantime, kane won't be eligible play until november 30th. he will also for nate portion of his salary, nearly $1.7 million, to the players emergency assistance fund. in a statement, the sharks said quote we are extremely disappointed by his disregard for health and safety photo come, but the team declined to comment any further until the

suspension is lefted. >> with the holidays coming up, tonight stanford is warning unvaccine students they will not be welcomed back right away if they travel for thanksgiving. the university announced it will be barred from in person classes, twine, and nonessential activities for at least five days, with no special arrangements for the classes that they miss. fully vaccinated students who travel out of state or internationally can return to class, but they will have to test twice in the first five days. from the state capital to southern california, parents pulled their kids out of class and teachers walked out with them today to protest state mandated vaccinated. this was the scene in napa as some families protested the first in the nation plan. they also rallied in santa rosa. the governor said the state already requires kids to be vaccinated against things like measles and mumps, and that we

should do the same for covid. andaannot w anti-vaccine, down to government telling me what i should some should not put into my children's system. >> meanwhile, the city of san francisco is offering a new incentive for students to get the shot. city residents who are 12 to 17 years old who choose to roll up their sleeves or have already, can enter to win one of 10 full four-year scholarships to san francisco state university. >> i'm really proud of all of our kids who are stepping up and doing their part, because what we want to do is, of course, get our institutions of higher learning, as well as the school strict many of our schools that are open, we want them to stay open. >> we have posted more details on how to apply at kpix.com. bus service has been suspend until friday for about 1400 students in berkeley,

because their drives are in quarantine. the district said nearly a dozen drivers and their dispatcher recredibilitily exposed to covid-19 in three unrelated incidents outside of school. students who late to school this week won't be marked as tardy. and a very different kind of disruption at two schools in roner park today. two schools win into lockdown after a mountain lion was spotted nearby. the wasn't the big cats first brush with people, though. it already had a tracking collar. >> technically, the mountain lion was still in its home range. it was on the very, very western edge of its home range, and about 1,000, 1,800 feet of where it is seen is wide open space. so it wasn't really out of place. >> the adult female was tranquilized and taken farther away. a sprinkling of rain was too much for some pg&e power lines. several burst into flames

across the region, plunging about 28,000 people into darkness. most friday the east bay. >> after that, our power ran out. >> reporter: was it burning>> it was burning. >> reporter: were yo! like it might blow up or what. [ laughter ] >> pg&e said believe it or not, it is common for the first rain of the season to turn accumulated dirt and dust on the lines and the power poles into mud. that causes the electrical flashovers. the utility said that it does have a cleaning program in place for large transmission lines, so these outages tend to affect smaller areas. and the good news is, more rain is headed our way. >> yeah, enough to clean off those power poles, no doubt, and maybe make a bigger impact. >> yeah, it's going to be more substantial than the next wave of rain, compared to what we

had last night. just over a 10th of an inch of rain for san carlos. less than a tenth of an inch for most areas. butt it's october, we'll take what we can get, and we're going to get more. and we'll get more just 24 hours from now p. we'll track that coming up. also, how bay area small businesses are trying to turn the tables on one man who has single handedly filed many lawsuits ofs against them. >> some f someone doesn't stand up and say enough is enough, this just keep goes on and on. and wait until you hare what is in those tanker carrs that nearly tipped over. and another close call in san francisco. the fire rescue that came with seconds to spare.

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dozens of bay area businesses were slapped past su disabilities act. >> all were filed by one disabled man. while most merchants settle to avoid an expensive trial, allen martin spoke with two who have decided to fight back. >> reporter: kevin more land has been in a wheelchair since a bicycle accident 25 years ago, but that hasn't stopped him from getting around in alameda where he lives. the sandwich board is one of his favorite lunch spots. >> the baked turkey is fresh every day. >> reporter: so he was surprised to learn another disabled person had sued the mom and pop sandwich shop under the ada. supply mean, it's not blocked. there's no blockage. you roll right in there, get the sandwich and pay. >> reporter: porlango garcia from southern california hadally sued more than 60 other businesses around the same

time. michael slow the sandwich board's own. >> we never saw the plaintiff come toy sine >>orr: he wants thwants garcia to be declared a so- called secretary of stateacious litigant. >> because it's not fair. this law is not fair. we've machine business for almost 40 years and never had a complaint. we're not going to settle. >> reporter: mark rogers, owner of lola's chicken shack down the street sales fighting back. >> you know, at first, everybody advice is just pay it off and be done with it, and that's the cheapestway to do it, but at some point, and f somebody doesn't stand spun say enough is enough, this just keeps going on and on and on. >> that's not why the ada was enacted or the california act. >> reporter: katherine represents bow both merchants. >> people who are suing, they're not intending to ever return, they are simply suing for the green backs. access to cash what they want.

chevrolet said just a handful of plaintiffs file hundreds of cases. garcia alone has filed more than 788 lawsuits in federal court since 2014. most of them since the beginning of the pandemic in 2020. the law firm in all in the cases? potter handy out of san diego. >> oh, i think they're a mill. they all have of these repeat, you know, plaintiffs going out and suing, extorting for earl cash settlements, and off they go. >> without serial litigation, without these regular plaintiffs who aring for these businesses to be compliant, we simply would not have compliance with the ada. >> reporter: attorney dennis price said his client an active ada tester. as such, she not abusing the system. >> testing litigation gig has been around for decades. it's the way that civil rights are litigated. >> typically, you'll find these cases being brought gains companies that smaller. >> reporter: u.c. hastings professor david levine

said labeling someone is a hard label bar to meet. he said in no alameda cases, the defendants would have to show that garcia specifically targets small businesses that don't have deep pockets for minor violations, and then settles for relatively small sums. >> then you might be able to start amassing evidence that would suggest that there's a pattern to this, and it is not being done for legitimate purposes. >> reporter: one way to slow the flood of lawsuit,, he says? >> the opportunity to cure would be one, that you would have to give 60 days, 90 days notice, something like that, before bringing the lawsuit. >> reporter: the federal ada doesn't allow for that, so it would be up to sacramento lawmakers to modify a california civil rights law that also gives plaintiffs dance of $4,000 per visit. >> so you would have to have some legislators willing to push this, to say, look, there value problem here. >> reporter: back in alameda,

kevin moore land hopes in this case, a judge will side with he favorite neighborhood sandwich shop. >> this guy is just trying to survive and make it like everybody else, but i'm glad he is fighting it, and hope the outconsume good. >> reporter: california has the most federal ada filings in the country, just over 6 now 2020. it's like friday part because california allows no plaintiffs to collect those civil rights damages 37 by the way, both businesses did have minor ada violations, which they since fixed. in the problem has gotten bad in san jose that the city's small business advisory task force actually met about this last week. among those in attendance, silicon valley assembly manner alex lee, and evan low. and we have posted this story and our past reporting on this topic at kpix.com. fake look at your top headlines. u.s. flags at half staff in

honor of former secretary of state colin powell. he died from complication of covid-19. he was full through vaccinated, but battle underlying conditions, including cancer and parkinson's disease. he was the first black secretary of state. he also served as national security adviser and joint chiefs chairman, working for presidents on both sides of the aisle. >> i became friends with colin powell who we just lost. not only a dear friend and a patriot, but one of our great military lead conspiracy man of decency. the fda plans to low people to mix and match their boost err shots. the government does not plan to recommend one shot over another, but health experts say sticking with the same vaccine is preferred, and, ken, a lot of people will probably is questions about whether they need to get a booster, and maria will have answers tonight

at 11:00. this could have been so much worse than it looks. those four tanker cars toppled off the tracks near the port of oakland today were carrying sulfuric acid. fortunately, it all stayed inside those especially designed tanks, and nobody got hurt. and it's beginning to look a lot like ski season in the sierra. check it out. at the palisades tsa. >> paul, there could be a lot more where that came from. >> yeah, more rain on the way to the bay area. and we will take all of the moisture we can possibly get. the waves of rain come into the bay area, and it will be snow in the higher elevations. one of the forecast models indicating the potential for a few feet of snow over the sex several days. what sticks is going to be affected by air temperatures

and the fact that the ground is still relatively warm. put we have rain on the way to the bay area, a well. let's talk about how things are going to evolve over the next couple of days. possible of a shower sneaking into the north bay tomorrow before the sun goes down, but tomorrow if you anything to do out doors, that's the day to get it done. we're going to seeking be a unsettled forecast all the way through the end of the workweek, through the weekend, let's talk about this next batch of rain headed our way late tomorrow. just increasing cloud overhead for most of the day. on tuesday, a few showers possible north of the golden gate before the sun goes down, but the bulk of the heavier rain will be making its way into sonoma and except whens, and moving quickly across the north bay, this is widespread light to moderate rain. and heavier rain in the north bay, which is exactly what we need. it's not heavy enough to cause

any major issues in terps of debris flow threats and the wildfire burn scars, but it is a good, soaking rain, and off and on shower's wednesday with more showers possible thursday, friday, saturday, and sunday. just tomorrow and wednesday's rain, for north bay, anywhere from a quarter inch in close to an inch, for santa rosa. and over an inch for high school. for san francisco, maybe a little over a tenth of an inch of rain. as you go farther south into the rain shadow into the santa clara vlasic, a couple hundredths of an inch of rain the most likely scenario. we'll take. what we can get , and are there is more down the line. tens have v already dropped down into the 50s, and we'll drop down to the 40s by tomorrow morning. even some 40s in the north bay vlasics opinion temperatures foam five to seven degrees below normal. that's the case across the

board. the warmest spots inland in the east bay, just barely above 70 degrees. mid-to-upper 60s for oakland and the east bay. mid-to-upper 60s for the north bay, and a little cooler further north where the clouds and showers arrive just a bit faster. we're going to remain below average through the rest of the week, and lock at those rain chances. the best chance later this week is going to be on friday with another more substantial chance, actually a moderate atmospheric river the way things look right now, headed our way for sunday and monday. we'll add it all up coming up at 7:00, and also time out tomorrow night's rain. >> all right, paul, thank you. still to come, how much the changing weather is force something south barrens to make some changes of their own. >> and streaming tonight on cbsn bay area, we'll talk about covid-19 transmission risks for

the fully vaccine. find out more on cbsn bay area on kpix.com, or on

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being pulled from a window near 7th and warn. moments before flames started shooting out of a window. we are told that one person was hurt, unclear was that person. we will check. it is being suckets pictured that smoking was the cause. many diners still want to eat outside because of covid, and now some restaurant owners are paying extra for full tent ken closures and heaters. >> we're spending a lot more on propane. so we're already doing our propane tank run backs lot of people enjoy the outdoor dining but they need heaters for that. >> san jose's outdoor dining program is set to end december 31st, but restaurant owners told us they hope the city will make it permanent, or at least extend it. tired of your current work environment? facebook just hung out

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if you're in the market for a in job, facebook has 10,000 openings that are out of this world. in fact, they're in the metaverse. >> that's what facebook is hiring people in europe to build. a social network said it will be a virtual reality space where users can walk around and interact within an imaginary 3- d environment. >> feels like i've seen a movie about that, a couple of them, about hidden reality. thank you for watching, the news continues streaming on cbsn bay area. >> we'll see you

announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] [cheering and applause] steve: how y'all? i appreciate that. thank y'all. thank you, everybody. i appreciate it. how are y'all? i appreciate that. yeah, i do. well, welcome to "family feud," everybody. i'm your man steve harvey. [cheering and applause] oh, we got a good one for you today, everybody. returning for their fourth day, with a total of 21,400 bucks, from yorktown, new york, it's the bonitatibus family. [cheering and applause] and from las vegas. oh, god, one of my favorite cities.

it's the germany family. [cheering and applause]