Now at 11 00, a court battle over a berkeley encampment comes down on the side of a sweep. But the judges ruling wasnt all bad. New details on a deadly shootout at a bay area car dealership. The little boy who was nowhere near the scene, but still got caught in the cross fire. Cosmetic or elective. And the message thousands of parents of hearing impaired kids want the governor to listen to, tonight. From kpix5, this is the late news with sara donchey. On cbs news bay area. Hi, im Elizabeth Cook in for sara donchey tonight. We have done a lot of stories lately about how bay area cities should approach encampments in their streets. Lawsuitshave been filed over it including one in berkeley where residents argued there has to be some give and take here. Well this week, a judge took away the temporary restraining order that prevented the city from sweeping them out of a oneblock area at 8th and harrison. But as kelsi thorud reports, the judge also had something to give. Reporter the City Council Meeting held a Public Safety meeting and in the audience was one of the plaintiffs in a lawsuit suing the city over its sweeping of a nearby encampment. I spoke with that woman in the audience and got her reaction to this weeks ruling from a federal judge. Jessica and several other plaintiffs sued the city of berkeley earlier this month after officials posted notices over Labor Day Weekend saying people in the encampment would have just days to leave before the city came in to sweep the area. Their lawsuit successfully delayed that sweep but this week, a judge ruled the city could do the sweep as long as they provided a long list of services to those impacted. That list includes temporary housing and allowing people to come back to the site when the sweep is over. We are really grateful that the judge could consider that peoples essential property need to be stored. That is very important. In every sweep, everything is just gone. Reporter councilwoman rashi represents the district where 8th and harrison is located. She told me she is happy with the judges ruling. I appreciate the judges ruling because we have Significant Health and safety hazards at the encampment located at harrison and 8th street. We have raw sewage, spoiled food that is attracting rats. And risking the spread of disease to individuals. Reporter it is unclear when the city will move forward with the sweep. According to the judges ruling they have to give those living in the encampment at least 72 miles notice. Many people in the encampment are nervous about when it will happen. Some people are concerned because it is still going to happen. So people are just trying to make sure they can store some of their property and try to reduce it to the limitations of the city. Just like a little square where you are standing. Reporter not all those will be forced to leave during the sweep. It is only those who live on a specific block of harrison. Jessica is among those who will not have to leave, but she told me she is still worried for those who do. Now she told me that many people at the encampment are already starting to pack up their stuff. It is unclear exactly when the city will sweep this. The councilwoman told me that is something they still have to discuss. But jessica told me people there are prepared for the sweep to happen as early as next week. We just got an update on a deadly shooting at an east bay car dealership. Turns out there is another victim of sorts. The child of the shooter and the woman he killed left an orphan. Lamar walker shot and killed 24yearold alana galon last thursday at the Albany Toyota center. Walker died in a shootout with police. The son he and galon shared is seven years old. To San Francisco now where investigators are trying to figure out how a trench collapsed and killed a man who was working below ground. He was working on a sewer project at oak when he was buried under eight feet of dirt. More than 50 firefighters tried for over two hours to reach him. By the time they did, it was too late. Lets take a live look at capitol hill where a Government Shutdown looks all but inevitable at this point. Tonight the gop infighting is still stalling spending bills that dont have a chance in the senate anyway. Both chambers have votes scheduled on stopgap bills but the government is already preparing to close this weekend. A shutdown would leave nearly all of the countrys 3. 5 million federal employees either on furlough or working without pay at all. More than a million are active duty military. These Service Members have rent to pay, mortgages. Child care. Many Service Members are due to be here a couple of days for fleet week. We can tell you events will go on, but the blue angels are still up in the air, so to speak, as for the big expo, kenny choi shows us preps are still going on, at least for now. Reporter National Parks across the country including San Franciscos chrissy field need the manpower of volunteers to keep them as pristine as possible for visitors. Kevin is doing his part. Confetti and paper all over the place. I think we did a pretty good job of cleaning up. Reporter it is not just federal employees who will feel the pinch. There is a domino effect that would impact businesses and groups like kevins company that set up a beautification and cleanup effort months in advance with the National Park service. If they had no rangers here available to guide us and watch and monitor our work, we wouldnt be able to do this good valuable nonprofit activity. Reporter gates are still open for pedestrians but that could change. A shutdown would impact events lined up includeing the blue angels. You should be down on the marina green where the festivities are all going to be there. Regardless of the presence of the federal government, the fleet week air show is going to happen and it will be a heck of a lot of fun. Reporter for kevin and his team of volunteers, they are seeing how the work of so many can disappear. There is no one to clean the restrooms or staff the food vendors. Reporter so many uncertainties as federal shutdown has become as predictable as the tides that come in and out. Heres the thing. Essential workers still have to work without pay. Like the mill pair as we mentioned along with border patrol. It doesnt help with the safety critical job for them to come to work with the stress of not getting paid. And expect some airport delays. A lot of the screeners in oakland and san jose may call out sick. The screeners at sfo are contractors. Now to a story thousands of california families hope the governor hears. A bill sitting on his desk tonight would force private insurers to cover the cost of hearing aids for kids. But it has been here before and believe it or not, it failed. Our lauren tom spoke with a mom who says going without is not an option for her son despite what her insurance seems to think. Reporter the sounds of the playground are amplified for sixyearold jake james. His hearing aids help him hear the world around him. In order to connect with everybody else and hear what everyone is doing, and learn and play, he needs his hearing aids to be like his peers. Reporter jake was born hard of hearing and his mom christina says they were floored to find hearing aids would not be covered by their insurance. To hear that hearing aids werent covered we were really surprised. This wasnt just something we pick out for him to have. Reporter its estimated that 18,000 children in the state are living with some level of hearing loss. California is one of roughly 20 states that does not require Insurance Companies to cover the cost of hearing aids. But proposed legislation could change that. A bill has made its way to governor Gavin Newsoms desk that would require private Insurance Companies to include coverage for hearing aids in people under 21. Every four years, families pay 4,000 minimally. It is 6,000 on average for hearing aids. Call it either cosmetic or elective if you can believe that. As parents, we think it is neither. Reporter dr. Dylan chan said the issue is not only medical but urgent. This is not something that can wait. It is not like you can, you know, not have a hearing aid when you are a kid and catch up when you are an adult. Kids really require this access to sound early on in their life from when they are baby. Otherwise, they really can develop these permanent speech and language and developmental delays. Reporter the National Institute of health estimates that a child with permanent hearing loss who does not receive help such as hearing aids can cost an additional one Million Dollars in education and other required services. We are sort of living in that space right now in california where families are having to choose between paying for a medically necessary device for their childs development and hearing or puttering food on the table. Reporter for christina and her family, they budget for the cost early, but know thousands of children are living without help. If you are thinking we know this is coming. And for our family, we know that we have been able to do that for jake. We will continue to do that for jake no matter what. A lot of families have the same thing. Reporter it is an issue of health equity, fighting for other children to hear the sounds of the world as her son can, too. Now public plans like medical do cover hearing aids for minor but that only covers about one in ten kids who really need them. The governor has until october 14th to sign or veto the bill. We reached out to his office to find out what to do and he said we dont typically comment on pending litigation. Each bill will be evaluated on its merritts. Fentanyl is a culprit in tens of thousands of Overdose Deaths every year. But Police Say One south bay man used it as a murder weapon. She lost her young son to horrific violence almost four decades ago, but today, she saw the suspect who almost slipped away finally face a judge. And the gop candidates visit to a California Community was so contentious, the city Council Passed a resolution condemning it. Beautiful weather across the bay area once again today. And, our camera on top of Black Mountain caught this perspective as the sun was just coming up over the hills to the east of san jose. That full harvest moon rising and now bright overhead. We have some changes in store beginning already tomorrow. Details coming up in the first alert forecast. And the Major League Baseball stadium that said later gator to a ticketholders unus you know, people always ask me, kevin, what does being the ceo of cashbacking mean to you . It means cashbacking every opportunity. Did you cacashback on n this . Like i i wouldnt t cashback . Cashbabacking by t the baske, i see e you. Ugh. H. I dreamamt you didnt casashback thisis flig. Oh good. If yourre buying i it, flyiying it, or winining n dinining it, then y you gotta b be cashbabacking it. Cocome on now. W. Cashshback on eveverythingng you bubuy with chasase freedom m unlimitedd with no o annual feeee. Hohow do you c cashback . Chchase. Mamake more ofof whats yoyo. Take a look at this. This is enough fentanyl to kill every Single Person in the bay area and then some. 40 pounds of it seized from a Drug Trafficking suspect in new york city. Meanwhile, back in the bay area, police say an elderly san jose womans fentanyl related death was no accidental overdose. They say her son used the drug to murder her. Bradley dexter was arrested on homicide, poisoning and elder abuse charges this week following his mothers death in june. Authorities also suspected dexter in a violent attack on his own father who was hospitalized with serious injuries. Well the man arrested in the cold case murder of a vallejo sixyearold appeared in a Solano County courtroom for the first time today. Fred cane did not enter a plea after being extradited from oregon. Cane is accused of kidnapping and murdering Jeremy Stoner back in 1987. The boys body was found four days later about 40 miles from home. And after all this time, and two trials against a different suspect, his mother could finally see justice. This is hard for me. Relief . I dont know if it is relief. Its not feeling good, thats for sure. I can only imagine the thoughts going through her head. Authorities originally suspected shawn melton. Now new dna evidence that led to cane came too late for melton. He died about 15 years ago. Still under a cloud of suspicion. Well fresh off the second gop debate, Florida Governor ron desantis visited piedmont tonight for a Campaign Fundraiser with tech executives hosted by david and jacqueline sachs. Now earlier today, protesters greeted desantis on a visit to salinas where agricultural executives invited him for another fundraiser. The Salinas City Council even passed a resolution denouncing his visit. The local Republican Party chair says the Business Leaders who invited him had a right to. I think they are being unfairly attacked. And it is a shame. Because these people are the people who create jobs. Make the money flow here. It is also woman rights. It is also lgbtq rights and basic human rights he is standing against. We are really asking people to support each other and support basic human rights. Now remember, salinas is a farming hub with a large immigrant population. Desantis is known for supporting policies that have been called harmful to farm workers and undocumented immigrants. All right, lets switch gears for a second. It will be a great weekend for music lovers in San Francisco. Hardly strictly bluegrass returns to Golden Gate Park tomorrow through sunday. There will be more than 70 acts across six stages and get this, its free. Free we have the lineup on kpix. Com. Whats free in San Francisco . Thats pretty amazing. And the partola festival is back. Fans of electronic music can catch acts. There was some noise and cloud control issue. But organizers say it was a learning experience. Paul, we have a little rain in the forecast this weekend. Will things stay dry for the concert goers . I hope so. Though that kind of adds to the mystique and the fun. Just a little muddy. You need a little bit of mud. Yeah. We dont return to woodstock in 94 when everybody is sliding around like that. Just a passing shower. We can handle that. Lets take a look as we look closer to the weekend. A look out from sales force power. Not much fog, cooler breezy conditions friday. A few showers likely on saturday. But a few. Its not going to be a washout. Clearing skies on sunday. And then a big warmup is in store as we head through next week. Lets take a look at the breezy conditions kicking in tomorrow. Not to start the day, but the wind will be noticeable by noon, really picking up as we head through the afternoon. We will have 20 to 30 mileperhour gusts on a widespread basis. Good idea to keep both happens on the wheel as you make your way out and about in the evening commute. It is always a good idea to keep both hands on the wheel. Lets track the clouds and the showers as we head through this weekend. Clouds first. We will see more clouds and sunshine by about 5 00 or so tomorrow evening. The cloud cover is going to have a few holes in it. Sunshine filtering through. And no shower chances until we get into late friday night. And early saturday. The bulk of that will be closer to the center of the storm system down through the central valley. If that jogs closer to the coast, that sends the better chance of widespread heavier rain. So still a chance of possibilities. A little more than just spotty shower activity. Generally what we expect. This forecast model produces a second wave of showers that drops in from the north. That would be the biggest rainmaker for us. Maybe producing a 10th of an inch to a quarter inch of rain in spots but then things quiet down as we head through saturday night. We will clear out as we head into the second half of the weekend on sunday. And then the warmup kicks in. So how much rain are we talking about . Forecast models are all over the place. But the ones that are a little more conservative probably had the best estimate. Late september doesnt bring us a substantial amount of rain. A few hundredths of an inch of rain. If you hit the jackpot, you might pick up a 10th of an inch. The cloud cover will have an impact on solar power generation. The numbers half or less of that of what will be generated friday. We will make up for that in a big way as we head into early next week as the sun will return in full force and temperatures warm up as well. Here is the forecast. There is that chance of showers on saturday. Not a washout. Looking outside, things are looking good. Temperatures at the moment have dropped down into the 60s pretty much across the board. We will drop down into the 50s later on tonight which is normal for this time of the year. And then the temperatures are going to warm up. So lets put the numbers onto our floor map here of the bay area. Temperatures quite a bit cooler across the entire region. Mid to upper 70s in the santa clara valley. Redwood city at 80 degrees this afternoon. Youll be 10 degrees cooler tomorrow. In parts of the east bay, only mid to upper 70s. The warmest spots on antioch and brentwood. Only upper 70s. Thats it. The north bay, temperatures were around or above 80 degrees today. Likely to only top out in the 70s friday afternoon. A significant step backwards and this is not even the coolest day in the seven day forecast. Lets take a look at that with our virtual view here. With our little terarriums popping up. You see the bot father or mother of the roller coaster saturday. Then a warmup kicks in. Inland temperatures tuesday, wednesday, thursday, well see a mix of upper 80s and low 90s. It wont be nearly that warm around the bay. But its a similar trend. A couple of days of cool readings tomorrow and saturday. Still below average on sunday. But then warming up to the upper 70s and low 80s around the baby the middle of next week. Even along the coast where temperatures tend to just kind of hover in the 60s. Well, theyll do that the next several days but the warmup even makes its way to the coast by wednesday and thursday with the high temperatures making it up to the low to mid 70s and plenty of sunshine even along the coast by the middle of next week. October weather bringing a little taste of late summertime. Well soak it all in while it lasts. All right paul. Thank you so much. Well, she may wield more power than any woman on earth. Why Governor Newsom says taylor swift could swing a lot of votes in 2024. And a key weapon on the offense misses a second practice in the row as the 49ers get set to face a divisional opponent on sunday. Some never imagined chris paul would ever become a warrior. Now another player with bad blood with tâ– he dubs is trying out for one of the final roster spots. We all know Singer Taylor Swift has an army that moves as she moves but could she actually sway the president ial election . Really . Well governor gavin newsom thinks so. He told tmz he thinks swift can mobilize young people to cast a lot of ballots. But consider this, she has 272 million followers on instagram. 159million people voted in the 2020 election. So, maybe she could have some influence. Meanwhile, ticket to sundays jets game are selling at a swift clip, so to speak based on rumors that taylor may show up in a jersey to cheer on travis kelce and the chiefs. Prices are up 40 . Now, andrea, i was not really watching the game over the weekend. But my husband had it on and i happened to be in the living room when i looked over at the screen. I was like, thats taylor swift she made it shes there and you know the story behind all of this. Right . Aaron andrews and Carissa Thompson with fox sports both predicted they would get together and thought they would be a good couple on their podcast. They were talking about this. And then, sure enough, erin andrews on the field talking about it. Looks up. Theres taylor swift cheering on travis kelce with his mom, by the way. They look so cozy together. Oh my goodness. The game was pretty boring but that was. I never would have imagined the day taylor swift would enter the football field. But now we are talking about taylor and football. And she was wearing the red lips. You could see her a mile away. I hope she comes back. But its been so fun. Just not at levi stadium. Maybe focus on the 49ers. Big question marks surrounding deebo samuel. He did not practice for the second day in a row with injuries to his ribs and knee. The 49ers are known for having one of the most physical defenses in the league. And linebacker dray greenlaw is one of the reasons why. He has already come up with a couple of big hits this season. Running back Christian Mccaffrey is so glad they are on the same team. Everyone in the league knows who he is. He is somebody who reminds me a lot of a mike tyson guy. Plays with the most violent intentions all the time. When he is tackling you, he is going the make you feel it. Thats for sure. Every time 57 suited up, i know i feel great. All right, so we talked about taylor swift. Now, lil wayne is leading the packers out of the tunnel to face the lions for thursday night football. Early second quarter, detroits David Montgomery scores the second of his three touchdowns putting the lions up 243. Jared goff and the lions go onto win 3420 and their fans celebrating at lambeau as detroit improvers to 31 on the season. To the nba, this has been the season of turning foes into teammates for the warriors. First with chris paul. And now, possibly with rodney mcgruder. He is going to be competing for one of the final roster spots and dubs fans may remember mcgruder from this post game verbal exchange he had with golden state in january of 2021. Klay thompson and Draymond Green had harsh words for their now new teammate. Oh no. This dude might be out of the league soon. He is probably mad about that. Who knows. Wow. Trying to start something. Like hes a good player. Walk over there talking [bleep] like hes a tough guy. Get out of here. [bleep] tough guy. Rodney. Tough guy. I know aint nobody scared of no rodney mcgruder. Are you kidding me . Well that must be hard to try to be on the same team and work together. But it is is way sports is sometimes. You think that is just the drama . It helps to have a little bit of tension coming into the season. Makes it interesting. There is always trash talking. Of course. That makes it kind of fun, too. Thanks andrea. Well, whats a good way to get ejected from a ball game . At the gate when you show up with your emotional support alligator . What . A phillies fan tried to bring in this guy last night and was told you are out of here. Turnsout his name is wally gator and he is a hit online. And known for giving people hugs . Alligator hugs . Really . His owner says wally has helped him battle depression and has never actually bitten anyone. But the phillies ticket takers werent taking any chance. He is quite cute. Well in other gator news, this girl doesnt have the same grin we have an update on a little gator getting a Second Chance at life. Earlier this month, she was found wandering in Central Florida with the top half of her jaw missing. She was rescued and is learning to eat mice and meat balls and now she has a new name and it is pretty cheeky as we said. It is jawline. They are holding up any potential prosthetic until she gains a little more weight but she is so cute. It breaks your heart when you see this. A boat propeller got her. Aw. But im in full favor of any dolly parton reference. Good for her. Its good to see her being taken care of. Poor little thing. Well thanks for when you humble yourself under the mighty hand of god, in due time he will exalt you. Hi, im joel osteen. Im excited about being with you every week. I hope youll tune in. Youll be inspired, youll be encouraged. Im looking forward to seeing you right here. You are fully loaded and completely equipped for the race thats been designed for you. [voiceover] the following is a paid program for the hydrocleaner xl, sponsored by trend makers, llc