Once he provided his name he was cited and r foster doesnt plan to sue but he does have advice. Start focusing on things that matter. Hopping the bart. People getting stah t beeps foster also used foul language, was confrontational and there was even a homophobic slur at the end. The officer did not respond in kind. Bart says it cannot tell us how common citations are for eating and drinking without us filing a freedom of information request. Back to you. What is the penalty for eating on bart or the bart platform . Is it just one citation . The citation comes with some penalties that will make the sandwich really expensive. It is a 250 fine or 48 hours of community service. Wow. Interesting. So what do you think . Are rules rules or are there bigger concerns . Were asking you and we have our megapoll open. 56 say there are bigger concerns but 48 say rules are rules. It is interesting. Context is important here. If as this gentleman says there was a whole line of people eating and he was the only one singled out you have to wondhour did they target or select him. But bart has so many issues and i would rather not see Police Officers you know, go get the guys jumping the fares. There are so many other issues. I dont know if that is the one thing to really focus on if were trying to clean up bart and build a better bay area, right . Well have to see how it goes. You can see both sides of it. Go to abc 7 news. Com vote and well keep the poll up until 7 00 tonight. Today a wrongful death lawsuit was filed in Contra Costa Superior Court against airbnb, city of arinda, and party goers connected to the halloween night shooting. We have the latest developments. Leslie . Reporter well, this is the first lawsuit to be filed by a victims family. A memorial to the five young gunshot victims is still here in downtown arinda, still a police of mourning eight days after the terrifying shooting. A constant parade of residents stopped by to reflect on five young lives lost at a house party blocks from this busy intersection. What organizers on social media called a Mansion Party going totally awry when gunshots were fired on halloween night into the crowd of 100 in the airbnb rental property. I dont believe the problem is airbnb but guns. Reporter yesterday airbnb offered to pay for the funerals and for counseling costs for victims family members but that wasnt enough for 23yearold ramon hill jr. s grieving mother and father. Their attorney filed a lawsuit that alleged a large Halloween Night Party fueled by alcohol and drugs without adequate supervision and or any security measures taken all together served to create or promote an air of lawlessness and violence leading to the presence of the mass shooter or shooters on the property. Police are investigating whether hill may have been a target and theyre following up on hundreds of leads and interviewing hundreds of potential witnesses. While its frustrating, you know, youd like to have answers to a lot of things. You know theyre trying to do it right. Reporter the city is in the process of drafting an ordinance to ban shortterm nonhosted rentals coming up for vote on november 19th. Right now eight days after the shooting still no arrests. Im leslie brinkley, abc 7 news. Several people are under arrest accused of running a fencing operation in the bay area that sold stolen smart phones. Fremont Police Released photos of four of the suspects. Investigators say the group worked out of a business called torskin wireless in hayward. The bust went down and police found about 350,000 in cash and recovered devices. Three shot guns and two hand guns were also found. Investigators say evidence points to most of the stolen phones being shipped overseas. Today is the First Anniversary of the as of this week a total of 19 homes destroyed by the fire. Some International News secretary of state mike pompeo will head a u. S. Delegation attending tomorrows commemoration of the 30th anniversary of the fall of the berlin wall. It was november 9th, 1989 when jubilant crowds stormed the barrier dividing east and west after communist east germany announced travel restrictions would be lifted for east germans. Crews in a concrete barrier down marking the beginning of the end of the communist regime. The wall went up in 1961 during the heart of cold war and spanned 27 miles. A heads up for anyone planning on using 8 l 0, northbound lanes of the freeway will be closed from 2 00 to 5 00 tomorrow morning with a detour. Southbound lanes will be closed sunday morning 3 00 to 6 00 with a detour at thornton avenue. It is being closed so crews can remove a portion of a natural gas pipeline no longer in service. News today whether Stephen Curry will be back on the court this season. He broke his hand october 30th against the suns o know that play. A Bleacher Report article indicated curry is not likely to return at all this year. The warriors called the report hog wash. So here is the deal which i reported a week ago and we did a whole podcast about he had a smaller break that might require a cleanup procedure. That is why the prognosis was curry would be out months. Ill be taking note and will check back. Heroes honored. Medals for two Army Recruiters for acting quickly after a shooting at a bay area mall. The end of the line for an old bart car. What made this trip unusual. And lighting the way. This light house is finally back open. The multimillion dollar what are you searching a version of myself who doesnt make decisions based on fear . No, what streaming apps are you searching for . Oh. Because you have xfinity flex. It puts your apps in one place, and it comes with your internet. Try it kung fu panda. Ah. You have kids . Nope. Xfinity flex a personalized streaming dashboard thats simple, easy, awesome. Get started with xfinity internet for 29. 99 a month for 12 months and add a flex 4k streaming device on us. Click, call or visit a store today. Now to an update on a story weve been following for more than five years. It all started with a drunk driver who killed andrew silva a young marine in fremont. Today his wife showed us the permanent memorial where her husband will be remembered. Heres abc 7 News ReporterLauren Martinez. You would think just kind of putting letters on some stone would be easy but it took a lot of emotional and mental preparation. Reporter high on a hill sits Andrew Silvas memorial, a visual tribute his wife julie designed herself. Everything has a really deep meaning to it and im so glad we could finally share this with everyone here. Those who gather together at chapel of the chimes in hayward can now learn about andrews story. In 2014 he was killed by a drunk driver while he was home from afghanistan. Since then, two memorials now honor his memory. I wanted people to come up here and just reflect on life and reflect on andrew and celebrate him. Reporter julie says this completed memorial feels like both a closure and a tribute. I felt like it was finally time to just kind of set everything in stone and memorialize him the way that i wanted. Reporter andrews family says this memorial will be here for their son noah who is 7 years old today. This memorial will be here for generations to come. And with veterans day on monday if you need something to do you can come here to the chapels of chimes cemetery in hayward and not only honor andrew but honor our veterans as well. Reporting in hayward, Lauren Martinez abc 7 news. Well deserved recognition for two soldiers who answered the call of duty here in the bay area under extreme circumstances. Staff sergeants isaiah lockleer and michael mora were at their recruiting station at the tan fran mall when shots rang out. They rushed in to treat two wounded teenagers with life saving first aid and today were awarded Army Soldiers medals for their bravery at a special ceremony in San Francisco. Their commanders praised their quick thinking and selfless action. Incredibly proud. These soldiers ran to the sound of gun fire to administer aid, help save lives. This is what we do in our army. We serve our nation no matter where it is. It could be a mall or anywhere but we are here to serve. The soldiers credited their training for their quick reaction. And theyre joining me now. Staff sergeants, thank you for coming in. You guys looked so sharp today. Thank you. Thank you, sir. You dont have to call me sir. Im going to call you sir. Take me through the frantic moments. Youre in an office. You have a recruit youre talking to and suddenly you hear gunshots. Yes. So we were talking to our future soldier specialist muriel young just going through what training was like and next thing you know we heard gunshots. We ran out of the office immediately. Started looking for a scene that needed aid and found two gunshot victims. Pick it up from there. Or take it back just a second to you hear the gunshots. Was there a moment where you thought, we ought to just stay in the office and make sure everybody in here is safe . Well, sir, we dont really get that luxury. We dont think like that. Mostly you just respond much like a Police Officer or firefighter responds to a situation. Same thing for us. The training kicks in. All right. So no fear at all . Because at that point theres more questions than answers, right . You dont know if theres still people shooting in the mall. You have no idea of the real situation. Is any of that going through your head like we got to be careful out here because we dont know what were walking into . The first actions were to protect, save lives, not too much fear was in our minds. Fear, for me, is always there. It is something that doesnt go away. Training and through putting yourself in difficult positions you learn to overcome that fear and not let it keep you from doing what you have to do. What kind of training specifically . Mostly a lot of it is in basic training, covered first aid, teaches you to pretty much thats why drill sergeants will be rough on you at first because they want to give you that shock to get you uncomfortable because when youre uncomfortable is when you find out the inner traits you already have. Army training doesnt really turn you into something. It highlights the stuff everybody already has within them. Enhances. Do you have medical training . I know you were dealing with gunshot wounds and trying to stop the bleeding. Yes. We have combat life saving course we take in the army and continuously keep doing throughout our army career for times like this. And i read one story that you actually accompanied one of the teenagers who was shot to the hospital. What was your thinking there, that he was kind of freaking out for lack of a better description . Narrator the beginning he was a little bit concerned. He was bleeding a lot. My main thing was to get him, try to stop the bleeding. Keep him calm and get him super quick to the hospital well, staff sergeants, you guys are true heroes. It is a pleasure to have you in the studio today. Thank you. Yes, sir. Thanks so much for serving. Okay. Thank you. Lets turn our attention to the weather because the weekend is here. Spencer is here as well and still kind of the hazy sun shayne out. Thats true. The fog has just lingered in a lot of places throughout much of the day. It finally is bright in our inland areas and over the bay but now the fog is surging back from the coast, pushing back out over the bay again. Here is the view looking over San Francisco and a little surge of some low clouds and fog there. 54 degrees here in the city right now. Oakland 60. 62 redwood city. San jose 64. Gilroy 67. 52 at half moon bay. Here is another view of that surging fog from the east bay hills. Looks like it is all going to swallow up the city of San Francisco. Other temperature readings right now 67 degrees at santa rosa. Petaluma 61. 66 at napa. 81 fairfield our warm spot right now. Please 3 concord. Livermore 77. Here is the view from under the surging fog at the golden gate and these are our forecast features. Low clouds and fog continuing to push locally inland tonight. Well have mild, sunny days this holiday weekend. Veterans day coming up on monday. And this dry pattern will persist through next week. Heres our forecast animation. Starting at 7 00 tomorrow morning well have fog at the coast and areas of fog out over the bay and pushing locally inland as well. Not going to make much of a pull back from the coast until about midday. Then well see more clearing along the coast line and whatever fog has lingered in the Early Morning and our inland areas will start to dissipate as well but then later in the day the fog will come back to the coast and no doubt will begin to push inland again late tomorrow night. Overnight lows tonight will be mainly in the upper 40s around the bay shore line up in the north bay valleys a little chillier there upper 30s to low 40s and tomorrows highs starting at the coast about 63 at half moon bay. Upper 60s to low 70s around the bay shore line. Mainly upper 70s inland. On sunday, the picture pretty much the same. Mainly upper 70s the highs inland. Upper 60s to low 70s around the bay shoreline. A little milder on monday. Veterans day. Well see a few low 80s inland. Then we start to cool down again on tuesday. Weather sevenday nice, mild threeday weekend for some of us. Well start to cool down a little bit on tuesday. Further cooling toward the end of the week and increasing clouds next friday. Not calling for any rain yet but as the clouds get thicker and temperatures drop we hope maybe a drop or two of rain will fall but at the moment that is not in the forecast. Hopefully sooner rather than later. The viral video that caught the attention of the star behind the original and the Bay Area School getting a lot of attention today. Plus a holiday classic, a plus a holiday classic, a modern twist but does deal talk plus a holiday classic, a modern twist but does my new 4. 99 blt cheeseburger combo, comes with. 100 beef and Hickory Smoked bacon, plus fries and a drink all for just the change in your couch. I found the remote try my new 4. 99 blt cheeseburger combo. My new 4. 99 blt cheeseburger combo, deal talk comes with fries and a drink. All for just the change in your couch. What. Mr. Wigglesworth . I thought we lost you. Kevin . try my new 4. 99 blt cheeseburger combo. The students and their teacher behind this lizzo inspired viral video received a big surprise this morning. In addition to their National Tv Debut they got a surprise message from the singer herself. That is so cool. Abc 7 News ReporterAmy Holyfield was there for it all. Good morning america turned this second grade classroom in pittsburgh into a mini tv studio this morning ready to broadcast their positive message to the country. These Elementary School students and their teacher tried to process what a big moment they were about to have. I pulled out a map yesterday and i was trying to explain and as i was explaining who was watching the videos, oh, my goodness. This is big. This is the video that started it all. Dorothy changed the lyrics to the lizzo song truth hurts and taught it to the kids and they perform it every day to start their day with positive energy. Video of their singing went viral on social media. Even lizzo herself commented calling it the best thing she had seen that day. That was a big deal for me personally just because i am a big fan of hers. Reporter it all caught the afengs of gma which meant aarm clocks went off very early for these second graders. What time did you wake up . 3 45 in the morning. Could you even believe it . That is really early. Was it worth it . Yeah. Reporter they handled it like pros and even got a special treat during the appearance. Hi, kids. Its lizzo. The kids say it was a cool experience. Thats fun. And really exciting and kind of nervous. Reporter the bright lights of fame may be fun but the dynamic teacher says dont worry. She is staying right here in the classroom where she knows she belongs. Theres nothing else i would rather be doing. I think about other jobs and stuff and nothing beats teaching at all. Reporter when youre 7 years old and you wake up at 3 45 in the morning you have to be prepared. A lot of them brought their sleeping bags because it is going to be a very long day. They still have to go to school even though theyre National Stars but they will be celebrating this afternoon with a party complete with an Ice Cream Truck and maybe a little nap time but they do have a lot to celebrate here. In pittsburgh, Amy Holyfield abc 7 news. Cant help but love that story. Just awesome. Now to backlash over a different song. The christmas classic baby its cold outside is getting a me too era update. Not everyone is happy about the changes. Listen. Hey whats in this drink no cabs to be had out there i have one more drink its your body and your choice so overnight john legend and Kelly Clarkson released a reimagined version with some glaring changes to those well known lyrics. Radio stations were refusing to play baby its cold outside. I think what john legend was trying to do was give us an updated classic maybe people would feel better playing around the holidays. So critics are quick to react calling the rewrites absurd. John legend responded on twitter saying, hell leave it up to fans to decide whether this is Political Correctness run amok or in his words a welcome update. What do you think . Its different. Obviously. Those are good messages we need to get out there. Yeah. I dont know. What do you think . If you listen to the lyrics of the original based on where we are as a society now the lyrics are cringe worthy. They really are. They are. I mean, for the time nobody even thought about it so are we going to go back in history and change every single thing that somebody might find offensive at any point in time . I mean i dont know where you stop. But i would be along the lines of if you dont like it you dont have to listen to it. Listen to something else. Dont play it. We have all those Christmas Songs out there you can l