For this man, 20yearold victor rodriguez. He was released last night at 10 p. M. From San Francisco jail by mistake. He is charged with several charges including threats against law enforcement. The jail is blaming the mistake on a clerical error. We are counting down to kickoff. Less than an hour from now, the National Anthem will be performed at Qualcomm Stadium in san diego ahead of the 49ers chargers game all eyes will be on quarterback Colin Kaepernick. Kpix 5s len ramirez joins us live from the field in san diego where this game, len, being billed as a military appreciation night, as well. Reporter thats right. Imagine the timing of this. Colin kaepernick was on the field just a few minutes ago warming up. There was no reaction because there were no fans in the stadium. But in the last few minutes fans have been let in. People are beginning to take their seats. And Colin Kaepernick has not gotten on the field. So the big question, how will the fans receive him . A lot of people say they think they know. They think he might be booed. They think there might be things thrown at him. Nobody knows what happens when the National Anthem starts. Colin kaepernick arrived at Qualcomm Stadium looking calm despite the firestorm circling around him and when he walked on the field for the first time to take some practice throws, his arm looked strong. But will he hold up under the pressure . Are you going to the game today . Absolutely. What are you expecting . Chaos. Reporter to the parking lot at Qualcomm Stadium. One good thing about this great nation of ours is you have the freedom of speech so i believe that, you know, he is standing up for what he believes in. Reporter the anticipation of Colin Kaepernicks refusal that stand for the National Anthem and san diego fans expected strong reactions to the sitdown protest is now Headline News and has overshadowed the 9ers chargers preseason game. He is being free and brave. Its his right as an american to not stand up. Reporter san diego is a Strong Military town and tonights preseason game is military appreciation night. Many in the military have taken to social media to support kaepernicks right to protest, police brutality. Others like this veteran question his motives. Its no longer just showing your respect or or taking away and trying to stand up for what you believe in. I believe that now youre spitting in the faces of the men and women that actually fought for the right to let you do what youre doing. Reporter so the players continue to warm up here at Qualcomm Stadium. Colin kaepernick hasnt taken the field in uniform yet. That should happen in just a few minutes. Well look for that. Thanks, len. We are going to keep checking back with you throughout the newscast controversy taking a toll on his popularity. Kpix 5s emily turner joins us now are results from our exclusive kpix 5 surveyusa poll. Reporter we asked more than 500 people, do you respect or not respect kaepernicks decision to remain seated for the National Anthem . 55 dont respect it. 41 support it. Another 4 no response. We asked respondents if their opinion of him has changed. 53 say their view of him has gone down. 31 unchanged. 16 say its actually gone up. And lastly we asked do you consider kaepernick un american . 62 say no. Nearly a third say yes. Now keep in mine our survey deals only with people in the bay area. Well get a taste tonight of what kind of reception kaepernick will get in other parts of the country. Veronica . Thank you. Keep in mind, those poll results came out before we knew about the socks. A new controversy involving socks this time. Number 7 has been spotted making a statement in practice wearing these socks. Take a close look. They show policemen as pigs. Coming up at 6 30, well share kaps explanation this time around. And we are asking you tonight what you think of these socks. Are they a bold statement . Do you simply not care . Or do you find them offensive . Head to our website, cbssf. Com votenow. Well put the results on the screen right there and have your final results coming up in the show. Lets go to sports director Dennis Odonnell live on the field in san diego. And dennis, i kind of doubt all of this will affect his stand when the team makes the final cuts next week. Or will it . Reporter its possible. This is a major distraction for this team. Publicly the 49ers are backing Colin Kaepernick. But its got to be a distraction. I can tell you theres a lot more cameras here than i have ever seen for a fourth and final preseason game. And kaepernick needs to play good football. He did not play well in his first preseason game. He is going to have to play well tonight. Chip kelly says he will keep the best two and he says kap is still among the best two. Who are your best quarterbacks now . Yes. Unfortunately because of, um, colins injury, you know, missing those first two preseason games he only got 13 snaps so, um, you know, we have to move forward and see if we can get him some more snaps. Reporter typically the fourth and final preseason game is a game, allen, where everybody rests the players. Right over my shoulder, that is joe staley right there. He is not even in uniform. A lot of the regulars are going to get this game off. But it is a big game for Colin Kaepernick in more ways than one. Well be back at about quarter to the hour as we get you set for the kickoff between the chargers and 49ers. Allen, veronica, back to you. Thank you. Well check back with you in just a little bit. The anthem controversy has a veteran and longtime 49er fan questioning his support. He now wants the team to give back the brick he donated to levis stadium. I dont want to be associated with the 49ers. Take my brick out. Take my brick out. Coming up at 6 30, how he is calling on fellow vets to make their own stand against kaepernick and a reminder you can watch the game against the chargers right here on kpix 5. Well start at 6 59 so you can see the National Anthem. New at 6 00 a landlord in oakland is now being told by a judge to fix some bad living conditions. And fast. He is accused of creating unbearable problems for low income tenants to try to force them out. Da lin is at the building near oaklands chinatown with an update on a story he first broke. Da. Reporter veronica, a judge has given the landlord about a month to fix all the bathrooms here. He is accused of making it hard for tenants to go so they will leave altogether. No one is proud to show the bucket they use instead of a toilet. Frankly, this senior is disgusted and embarrassed. But he wants people to know the conditions they are living in. [ nonenglish language ] theres a line to the bathroom and i cant hold. I have to use this container. Its not just me. Almost all the families have one. Reporter out of the 36 units in the single room occupancy building near oaklands chinatown, 28 units dont have bathrooms. Those families for now are forced to share three toilets. The owner gutted the other bathrooms and a kitchen back in february. Eight months ago. We have a contractor issue as many real estate jobs go. Only one [ indiscernible ] [ heavy accent, unintelligible ] reporter a judge visited the building last week and saw the problems firsthand. This week, he ordered the landlord to repair all the bathrooms and the kitchen by october 7. An 82yearold attended the hearing. Reporter after the new owner purchased the building last year, tenants say he has been trying to get them out thinking he wants to rent it out for higher rent. Most families are low income chinese immigrants and speak little english. They pay 3 to 400 a month for a small room. While were glad and we are overall relieved, um, theres still quite a long way to go but were also really proud of the tenants for standing up to their landlords in this way. Reporter its a small victory in a bigger legal battle. This lawsuit will continue in the courtroom. In the meantime, i did reach out to the owner. He did not return my call. Live in oakland, im da lin, kpix 5. New at 6 00 an unprecedented change could be coming to californias healthcare system. Kpix 5s melissa caen shows us a bill on the governors desk would prevent patients from being surprised by the medical bills. Reporter thats right. When you go to a doctor or a lab, are you 100 sure that the doctor or lab is part of your in Network Insurance coverage . For many of us the answer is no. And that could break the bank. Standing outside a medical Office Building in San Francisco, it took less than a minute to find two people with stories of surprise medical bills. I went to my appointment and thought it was under my coverage. And i got the bill for it and im surprised that they didnt tell me that at the desk to begin with. So i ended up having to pay their coverage. Usually i do a lot of research and ill make sure whoever i go to is on my network. Or in my plan. Um, and so i looked online, this one place i went to looked online, it said, yes, it accepts my insurance. Perfect, made an appointment. Went in, um, then got a phone call saying oh, by the way, it actually doesnt cover. Reporter these stories would be a thing of the past if the governor signs a bill that says if you are at an in Network Facility you only have to pay in network costs. No more surprise out of Network Doctor bills. Its annoying especially since i probably wouldnt have gone there if i knew it didnt cover under my insurance but, you know, it does happen. So its pretty cool that theres going to be a law to stop it. Reporter not everyone is in favor of this bill. Dr. Jane orient from the association of American Physicians and surgeons says that independent contractors wont just watch their income go down. They will stop seeing insured patients. People dont pay to work. They cant pay to work. They have to pay for insurance and rent. They have to pay their staff. And if the Insurance Company is saying you have to do all this very expensive administrative stuff and see our people, but were not going to pay you enough to to even cover the costs, doctors are going to say look, i got to eat, too. Reporter according to dr. Orient, this will lead to fewer choices for patients. I think its important for patients to realize that they need the option. They need the choice of seeing a physician thats not under the thumb of a hospital or Insurance Company. Reporter assemblyman rob bonta wrote the bill. The legislative director denies that Patient Choice will be affected. He says the law only requires that patients be notified that their doctor is out of network. Dont see me and then tell me afterwards, sorry, youre not covered. So then you have to pay. Reporter the governor has until september 30th to sign or veto the bill. Theres a good chance he will sign it. The bill had bipartisan support and the vote was nearly unanimous in the legislature. Melissa caen for kpix 5. Brock turner just hours away now from walking out of jail. The former stanford swimmer served three months for sexual assault. Our legal analyst on what he will be facing for the rest of his life. The Bay Area School district with a unique problem filling classrooms. Why most students are choosing to go elsewhere for their educations and whats being done to change that. Ah, september time for things to finally warm up in San Francisco not today you barely got above 60. We went backwards. Its cooler today. But coming up, find out which day looks like well season 90s on the map. That is next. ,,,,, hi, its me. [imitates fanfare] lois prices from Grocery Outlet. Hi, its. The rest of us hey there. Hi hey. Loifor over 60 years now, Grocery Outlet has been selling the brands you know and love, for up to 60 less than what youd pay at Traditional Grocery stores. And check this out. Lois weve got meats and produce, naturals and organics, at prices thatll make you wanna sing. Good thing weve got a really catchy theme song. Hit it Grocery Outlet bargain market bargain market. Now its stuck in my head. Neighborhood where the schools dont measure up. Parents sending their children away. Saying new at 6 00 a bay area neighborhood where the schools dont measure up. Parents say the school arent good enough sending their children away. Kpix 5s cate caugiran has this unique challenge. Reporter veronica, let me know give you the numbers. Sfusd found there are 6,000 School Aged Children that live in the Bayview District and 70 of those students are actually enrolled in schools outside the neighborhood. So parents, teachers, even the districts is saying, things need to change. When you look around the community and thinking about how to best support the bayview community, it seems at times that a community that has been neglected reporter a community neglected, and parents now saying schools are suffering. So they have resources for one school, they need to have it for all. Some students have the up to date technology and equipment in their schools and these schools are just third world. We dont even have classrooms here. Reporter at the bayviews dr. George washington carver elementary school, students have classes in pods versus rooms. Its really discouraging to the residents here, you know, with children in the schools. Reporter parents say its students who are hurting the most. A study found on average 26 of San Francisco unified students either met or surpassed english and literacy standards and 25 of students tested met or surpassed math standards. The bayview schools tested, the average was below the district with 13 of bayview students tested meeting or surpassing english literacy and math standards. One parent said thats because bayview schools dont get the same attention or resources. Teachers come for one year, they leave. Its unstable. So the kids have to get used to new teachers, new leadership. Reporter we asked carvers principal, do you feel like the district treats your school the same as schools in other neighborhoods, say nob hill, marinena, Pacific Heights . I think with the challenges that we have in bayview, the district is now understanding that we do need additional support. Reporter in a statement, the district acknowledge the problem saying our policies and practices over the years have unintentionally contributed to racially isolated and underenrolled schools in the bayview. The district told kpix 5, they are working on it and have been approved to add and expand Educational Programs in underserved areas but the carver principal says theres so much more to this story than just saying that we dont have the resources or anything else. We just need more than resources. Reporter sfusd says they are planning to build more schools in the bayview and mission bay districts. They are also planning to ask voters to approve a 744 million bond in november. Reporting live from San Franciscos Bayview District, cate caugiran, kpix 5. A Bay Area Company is rescuing waterlogged devices for louisiana flood victims. For free. Devices from areas hit hard by summer storms are already coming in. The company recovers data from devices that have been severely damaged whether they were burned, crushed or submerged in water. Now the Company Wants to help victims of the flooding in baton rouge get their digital lives back. The louisiana floods, they have been hit hard so many times and we felt our staff at drive savers so we can do a little bit extra and help these people out. They said they will accept as many damaged devices as possible. Still waiting for the Indian Summer to appear. Keep waiting. It is so cold outside today. Wait for it. I wish it was on september 1 when things would get warmer for those who love warm weather. Insert veronicas name here. But you will have to be patient. Its going to come. The warmer weather that we always get this time of year will be on the way just not in my forecast for the next seven days. Peek outdoors, it was warm in cloverdale 87 in the north bay far away from san pablo bay. Martinez 70s. Newark 71. San mateo 69. Forecast for the bay area no chance of rain. American canyon, vallejo, southern napa county, things are looking good. We are fogfree currently and rainfree. Your forecast for vallejo for the next couple of days highs in the wheelhouse in the comfort zone 78 degrees tomorrow, Morning Clouds, afternoon sunshine, 75 on saturday with more Morning Cloud cover and more afternoon sunshine. Notice the clouds over San Francisco. Futurecast says another cool you day in the city tomorrow. But overall, the onshore flow gets weaker tomorrow. Below average with a warmup next week. If you want the warmer weather get away from the water and be patient. We might see some low 90s as soon as next tuesday. If you like it cool, this is going to be a gorgeous weekend. Low humidity, afternoon sunshine, low to mid80s inland. Saturday, sunday and labor day will straddle 70 near the bay, low 60s with cloudy conditions at the coastline. Toward next week it is not the septemberish regionwide warmup. Well see about 5 degrees warmer away from the water. So we have to wait, practicing our patience. Exactly. San francisco will stay chilly for at least another week. Were hanging in. Were going to make it. Well be all right. Thank you. Big crowds expected tomorrow as brock turner leaves jail. The exstanford swi