Order. Claims that the legal team claims are unconstitutional. This covid crisis are not what they are making it out to be. It is intrusion upon everyone. The judge find the church 2500 for each violation. The church plans to appeal the decision to the federal courts. The recent Supreme Court ruling may rain in the ability to place restrictions on religious services. Justice is not served today. It is not served by trying to bankrupt the church who has posed no threat to Public Health and safety based off the evidence we have. Instead has tried to help people. The pastor says he is undeterred by the judges ruling and will continue to hold Worship Services and will not require his congregants to wear a mask. Im not worried so much about the things you are worried about, more as much of what god is worried about. He is worried about your life and your eternity, more than a mask. The pastor and his legal team will be back in federal court on december 17. They are really hoping that the case that stems from the Court Challenge in new york will give them a path forward. Coronavirus case numbers continue to climb across the state. You can see this deep spike right now compared to the minor surges in the spring and summer. The case Positivity Rate nearing 9 right now. The fact is that transmission is so widespread across our state that most all nonessential activities create a serious risk for transmission. Lorraine is the latest bay area county to join the voluntary shutdown. About six hours ago some businesses were forced to close again, and Outdoor Dining has been banned. Meanwhile hospitals in Santa Clara County are nearing capacity with only 31 icu beds available in the entire county of 2 million people. A list of what you can and cant do seems to be changing. Juliette goodrich explains what is open and what is not. Reporter i will have that list for you in just a minute. But first, the trivalley Restaurant Group that is comprised of 90 restaurants, they are all shut down. They can only do take out. But they want more, they want to be able to get back to work. Just this evening they actually had a zoo meeting where all of them got together to discuss what they can do. They said theyve made accommodations for Outdoor Dining and now they are being shut off. Employees having to take time off and not get paid. Right now theyve come up with one idea, that is to protest. Protesting is still allowed. So there is a thought amongst us restaurants that we might need to protest every day, lunch time in dinnertime, on air patios. I serving the community. All of a sudden you feel like it is a peaceful protest to say no, ill tell you what, you can actually have food here on the patio. We will make sure everything is clean and we do everything right. And so they do have some confusion as to why there is a gray area, some things are open and some are close. Heres a list of what is open generally, swim schools are open, outdoor gyms can resume, retail is operating at 20 capacity and of course there is only takeout and dining for restaurants. In terms of what is close, we are talking about indoor and Outdoor Dining, playgrounds are shut down, salons and barbershops and also personal care services. And i should mention, libraries are also closed. The list keeps growing in one way or another. Kpix 5 anchor alan martin joining us now with the latest on that coronavirus vaccine. It is getting closer as covid cases continue to climb and string the local hospitals, plans are underway to prepare for the initial shipments of the first available Covid Vaccine. One part of the world has already gone to roll up his sleeves. Decked out in a penguin christmas sweater early Tuesday Morning 90yearold grandmother Maggie Keenan made history in the united kingdom. She is the first person in the world to get the pfizer Covid Vaccine. It is the best thing that has ever happened. To see a 90yearold woman say i feel good about this is comforting. We need to make sure other people feel just as comfortable. A vaccine expert along with uc berkeley, they are on a state panel that will independently review the safety and efficacy of any Covid Vaccine granted emergency use by the fda before it is used in california. While we are optimistic, we will not see answers that extend beyond whatever concerns they raise. Of course we will have to wait to see what data shows. The vaccine will largely shipped from pfizer Distribution Sites located in michigan and wisconsin. It is a huge logistical challenge to move them across the atlantic thats where the u. S. Airline industry takes on. A transportation expert says that united and american have already conducted test runs with the vaccine over long distances to make sure it remains stable. The tricky part is the temperature control. Having their refrigeration and dry ice requires things that have not been done before. Large amounts of dry ice are critical for the shipment of the vaccine but its classified as a dangerous good. The airlines received special permission from the faa to boost the amount they are allowed to carry. A lot of ingenuity for sure. So what is next for the Advisory Team here in the state . Dr. Rheingold says everyone will be listening very closely to the Advisory Panel meeting on thursday. And the cdc Advisory Board on friday. Dr. Maldonado is on the board, which in addition to california is also advising Washington State as well as oregon and nevada. To stay uptodate on the pandemic you can download our kpix 5 app to access around theclock coverage. Tonight, a grim milestone in the city of oakland. 100 murders so far this year according to the police union. Violent crime up 63 this year, number the city has not seen in eight years. 500 reported shootings. The union says city leaders need to step up. Get engaged and be collaborative on a crime plan, support officers and the members of the community, victims that we are trying to help every day instead of sitting quietly behind your zoom computer. Mayor libby schaaf says we are doubling down with our violence prevention teams and working with our Law Enforcement to save every precious life in oakland and and the violence. Coming up, was keeping her in the most segregated county in the bay area . Tonight, a closing look at the housing codes. Plus, we hear from thrill seekers who raves the dangerous surf at mavericks. Coming up, how are the 49ers feeling after their loss to the bills . And where were you 40 years ago tonight . An unspeakable tragedy. Calm conditions across the bay area this evening, a nice look towards downtown San Francisco, no make your holidays happen. At ross surprise ahhh yes i love it you dont have to spend a lot to give a lot to the ones who mean the most. Youve got the holidays, and weve got you, with the best bargains ever. At ross. Yes for less yep get the gifts you love. Yesss . For everyone on your list. Youve got the holidays, and weve got you. With all the gift for less. At ross. Yes for less we recently reported a study that showed marin being the most segregated county in the bay area. Tonight john ramose reports that mostly has to do with housing. Reporter marin has been identified as the most racially segregated county in the bay area and what is happening on this piece of property may hold the reason why. In 2004 Phil Richardson created a plan, he said at the citys request, to build multiunit housing on this, the last large vacant lot in the town of mill valley. When i started the project the neighbors above me wrote a letter to the town saying they were concerned this project would decrease their property values. The arguments started pouring in about traffic problems and environmental impacts. Phil finally gave up but he thinks there was another unspoken concern. It is a General Community feeling that you know, especially low income Family Housing would be bad because i dont know, the people they would consider living in the multiFamily Housing. Having six of the 10 most segregated cities in the area some say it is marins resistance in the multiFamily Housing that keeps prices up and people of color out. There are lots of complexes in san rafael and consequent lee lots of people of color. The ceo of the canal says its not a coincidence that they are all gathered in one place. I think in marin county we have learned to be racist without saying that directly to you. All we have to do is use the environmental argument and historical argument to keep it segregated. He says mill valley has issued a report acknowledging Housing Properties do affect race. He has the optimism that it will be built neighbors will have a chance to practice what they preach. John tells us the developer says the project is ready for formal submission and if all goes well they could get approval within the next six months. A day long search turned up no sign of a man swept out to sea by some powerful waves in pacifica. The coast guard sent out two boats and two helicopters but you can see the conditions they are up against. Just down the coast strong winters well brought some of the best surfers in the world out to mavericks. There are some Living Legends out there catching basically anything coming through. I got the small ones but the big ones are untouchable for me. You know, what they used to call it, riding mountains. And it kind of looks like that today. Complete with the vertical aspect and also the weight of the waves crashing on top of you. Its amazing how heavy water is. The High Surf Advisory continues until 9 00 this evening. Tomorrow there will still be plenty of folks out there trying to catch equal sized waves but they will not be as large as they were today. Lets take a look outside, a nice look from the sales force tower, temperatures anywhere from 54 in concord 264 in downtown San Francisco. A mild evening in the city including for a pop who knows how to pose for a picture. This is enzo, thanks to his humans for sharing the picture. Temperatures will drop to right around 50 degrees for 10 00 this evening, very mild for early to mid december. Temperatures will be a bit cooler as we head toward the weekend. It will be a mix of 30s and 40s for tomorrow morning, with the mixing clouds of sunshine overhead for tomorrow with temperatures above average by about 5 to 10 degrees. Mostly low 60s along the coast, mid to upper 60s to around 70 further inland. Similar temperatures on thursday with more sunshine overhead rate than as we head toward the weekend we do see some changes, cooler temperatures, and also rain chances headed our way, especially saturday night into sunday. The latest forecast models indicate 40 chance of rain saturday night into sunday, but chances very depending on exactly where you are. So about a 50 50 chance for San Francisco and you had to santa rosa and you have a better than 50 50 chance. Maybe even up to around quarter inch or so of total rainfall if everything pans out. Farther south, the news is not as good. San jose desperately needs some rain but its only a 20 to 30 chance of rain into the weekend. Saturday night into sunday will be the best opportunity with some more chances by the latter half of next week. Coming up at 7 00 we will take a look at the map showing exactly how much rain we could expect if everything pans out. Lets go rain. Dennis is here with sports, lets go niners, come on did you see the game last night can . It wasnt pretty for the 49ers in losing to buffalo. They fell to 57 but the good news, they still have playoff hopes. Thats the bright side. The defense allowed the buffalo quarterback josh alan to have a career night. 375 yards and four touchdowns, completed 32 of his 40 passes, thats 80 . They when 3424, and the 49ers now into the final quarter of their schedule. It has to be almost perfect. We have four more games that we can account for, that we are in charge of and we have to win all of them. We understand that the focus has to be heightened and we really dont have much wiggle room. We really feel like we can be a debtor football team. We are all frustrated but we know that this loss is not going to break us. Heres the math, they currently have a 26 shot at making the playoffs. That is not great. If they went out the odds go to 99 . If they go 31 in their final four games but lose to the cardinals, now they are at 14 . You get the point, the game is coming up in three weeks. College football, jim harbaugh is 05 with ohio state, and its going to be another year. Saturdays game was canceled because of the increase in covid cases on the wolverines roster. Now its possible that the head coach will have his final game at michigan its been 40 years since john lennon was shot outside of his new york apartment. Today his death would have been instantly plastered all over twitter but back in 1980, how they informed the nation in the middle of a monday night broadcast. An unspeakable tragedy referred to us by bc news in new york city. John lennon, outside of his Apartment Building on the west side of new york city, the most famous perhaps of all the beatles, shot twice in the back. Rush to Roosevelt Hospital in dead on arrival. I watched that from my dorm room in San Francisco state. Youve got to remember, there were no computers, there was no cable tv. Everyone watched monday night football and they learned the news of john lennons death that night. I spoke to my friend this afternoon, he did an interview with john lennon the very evening he was killed. I cut that interview in the middle of the night as he flew back from new york. I remember that night quite well. It was a tragedy for the world dennis. Indeed. Nothing stops christmas and the Christmas Tree business is booming this year. Between a high demand and a tree shortage due to the drought and wildfires, this year the holiday furs are going fast. And today we sought many people at a tree lot in San Francisco scoping out the perfect tree to take home for the holidays. We will be right back. The cbs evening news is coming up, heres Norah Odonnell with a preview. Coming up after kpix 5 news and 6, the moment the world has been waiting for. The first job of the first fully authorized Covid Vaccine does your vitamin c last twentyfour hours . Only natures bounty does. New immune twentyfour hour plus has longer lasting vitamin c. Plus, herbal and other immune superstars. Only from natures bounty. Captioning sponsored by cbs odonnell tonight, the world watches as the first coronavirus vaccines are given, injecting hope as infections spike here in the united states, surpassing 15 million cases. Its the moment weve all waited for, the first jab of an authorized Covid Vaccine in a 90yearold woman. applause this is the best thing thats ever happened. Odonnell but the u. S. Waits on f. D. A. Approval, which could come in days. So what happens next . Are states ready to vaccine millions of americans . And could the Pfizer Vaccine offer protection after just one dose . Plus, Health Officials warn this wont end the pandemic immediately. Wed love to take our masks off by valentines day, but thats just not going to happen. Odonnell bidens ambitious 100day plan