The U.S. Coast Guard has launched a search for an Oceanside man who didn’t return from a boating trip Monday.

The Coast Guard has identified the man as 52-year-old Loren James Ruden(pictured below). He is described as 6-foot-2 and 185 pounds with light brown hair and blue eyes.

Rudens’s 21-foot fishing boat was found about ten miles northwest of the northern most point in La Jolla around 6:30 a.m. Tuesday.

Officials said the boat, named the Lucky Dog, was engaged and turning in circles with the owner not on board.

The man's dog was found on an Oceanside beach near a jetty Monday afternoon by a someone in the area. He had been on the fishing trip with his owner officials said.

The man’s wife was contacted by the person who found the dog through a phone number on the dog’s collar. She in turn called police around 5:30 p.m.

A Jayhawk helicopter crew conducted shoreline searches from Oceanside to La Jolla Tuesday morning.

Check back for updates on this developing story.

The Newtown, Conn. school superintendent sent an email to parents and staff members Tuesday, with a warning about the season premiere of "Sons of Anarchy" on FX, which includes a scene involving a school shooting.

"I have learned that on the season premiere of the show 'Sons of Anarchy' which airs at 10 PM tonight on the FX cable station, there will be an episode in which a teenager enters the school with a high-caliber semi-automatic and opens fire," John Reed said in the email. "While you don't see the visual impact of this, you will hear the shots and cries from the victims."

"Sons of Anarchy," which is entering its sixth season, follows an outlaw motorcycle gang and is known for its violent and intense episodes. The show's creators and FX have not revealed what's ahead for the season premiere, but fan sites have alluded to a major tragedy at the end of the Tuesday's show.

"For obvious reasons, this program could have a very harmful impact on parents, children and staff members. I wanted you to have this information so that you can plan accordingly for you and your family," Reed said in the email.

Performing in adult films is as risky as a game of "Russian roulette," the president of the AIDS Healthcare Foundation said after another adult film actor came forward as HIV positive.

The announcement by the actor to the organization was the fourth reported case in the industry in the last two months.

Citing confidentiality concerns, that actor was identified by AHF President Michael Weinstein only as male, and it was unclear whether the performer had been infected while filming.

Weinstein said the recent HIV "outbreak" reinforces why a voter-approved law in Los Angeles County requiring adult-film actors to wear condoms during on-screen vaginal or anal intercourse should be mandated statewide.

"If you have unprotected sex, essentially you're going to get something, whether it's HIV or chlamydia or gonorrhea, simply by the law of odds," Weinstein said. "This current system is not going to protect you. I think that's become very obvious by what's been going on in the last number of weeks."

"We underestimate psychological consequences of this happening to a very young person," he added.

Canoga Park-based Free Speech Coalition, an adult film industry group, has twice called on a moratorium on porn production since the first HIV case was reported in August. An actress known as Cameron Bay tested positive, followed by a male actor who she was in an off-screen relationship with.

An unidentified third performer was announced later.

The requirement of condoms on set was challenged by the adult film industry, but was upheld last month by a federal judge who ruled the health risks of not using condoms trumped porn producers' argument that it violated First Amendment rights.

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A person was rushed to the hospital after being hit by a car Tuesday night in the Midway area.

The accident happened around 7:30 p.m. at the intersection of Sports Arena Boulevard and Ollie Street.

Officials issued a SigAlert, which is expected to be in effect for two to three hours.

Police told NBC 7 that one person was taken to the UCSD Medical Center with serious injuries.

Check back for updates on this story.
 

Six Flags Over Texas is reopening the Texas Giant this weekend with some additional safety measures, nearly two months after a 52-year-old woman fell to her death while riding the rollercoaster. 

Six Flags’ announcement comes on the heels of a lawsuit filed earlier Tuesday by Rosa Esparza’s family, which alleged the park ignored dangers and is seeking at least $1,000,000 in damages.
 
Esparza, a Dallas resident, was in the third row of the Texas Giant on July 19 and as the cart began the first steep descent, she was ejected from her seat and fell approximately 75 feet, according to the Tarrant County medical examiner’s office.  The autopsy revealed she died from multiple traumatic injuries from the fall.
 
In a news release Tuesday, Six Flags said it completed its investigation into the accident and has ruled out any mechanical failure of the ride.

“Due to litigation, the company is not releasing any further information about the outcome of the investigation,” the release read.
 
Earlier Tuesday, attorney Frank Branson filed a lawsuit in Tarrant County on behalf of Esparza’s family.
 
“She was a good mom a good wife. Everybody misses her a lot,”  Branson told NBC 5 Investigates Consumer Unit.
 
The lawsuit detailed the accident and what Esparza’s daughter and son-in-law witnessed.
 
“Although Rosa Esparza desperately tried to hang on as the roller-coaster car twisted and turned, she was unable to resist the over-powering forces of the roller-coaster ride,” the lawsuit stated.
 
Yet Esparza’s daughter and son-in-law were forced to complete the ride, not knowing what had happened to her.
 
“It was just a nightmare. The family is being sold what is a titillating thrill that everybody assumes is safe, and it turned into a reality that was just horrific for every member of the family who was there,” said Branson.
 
In the lawsuit, Branson said Six Flags knew as early as 1978 after a fatal rollercoaster accident in Los Angeles that safety belts were needed. 
 
"It’s not a first time problem for Six Flags.  It’s not a first time problem for the amusement industry, and they seemed to be more involved with providing more thrills than they do safety," said Branson.
 
Hours after the lawsuit was filed, Six Flags announced that when the Giant reopens it will have overlapping safety measures including re-designed restraint-bar pads from the manufacturer and new seat belts.
 
The lawsuit also said the park failed "to establish and enforce adequate restrictions for body types and weights of riders."
 
Forensic engineer Mark Goodson, who testified against Six Flags in an unrelated lawsuit, and other experts told NBC 5 the failure to have weight restrictions could have been a factor in the accident.
 
“It is not feasible to design a ride that can handle every person,” Goodson said.
 
Six Flags also addressed that issue.
 
“As with other rides in the park, guests with unique body shapes or sizes may not fit into the restraint system. The company is providing a coaster seat at the ride entrance so guests can test their fit prior to entering the ride line,” the news release said.
 
Six Flags would not comment on the lawsuit, but stressed safety is a priority.
 
“We are heartbroken and will forever feel the pain and sadness of this tragic accident. Our sincerest condolences go out to the family and friends of Ms. Esparza,” said Steve Martindale, park president of Six Flags Over Texas in the release. “The safety of our guests and employees is our company’s absolute highest priority and we try to take every reasonable precaution to eliminate the risk of accidents.”
 
Branson believes if the park had been pro-active rather than reactive, Esparza would likely be alive today.
 
“These changes certainly are a step in the right direction. But it’s a shame it took yet another death on yet another Six Flag rollercoaster to prompt Six Flags to make basic safety changes,” he said.

Can you eat a box full of McDonald's food?

McDonald's is already gearing up for the football season and offering up plus-sized meals for hungry fans in Kansas City.

The fast-food giant began offering the "Blitz Box" on Sept. 2, which includes two Quarter Pounders with cheese, two Medium Fries and 10 McNuggets for $14.99 in a local promotion with the Kansas City Chiefs, according to USA Today.

The promotion will run through the entire football season, according to a McDonald's spokesperson, who didn't say whether the promotion would expand to other markets.

"We can't speculate on what other markets may or may not do," McDonald's spokesperson Lisa McComb told USA Today.
 

As the countdown to open enrollment under the Affordable Care Act continues, House Republicans are writing a bill that would defund the new health care law altogether to fund the rest of the U.S.'s finances. 

House preps plans to avert shutdown, force Senate Obamacare vote (NBC News)

• House Republican leaders are moving forward with a bill that would extend government funding until December, but at the cost of defunding the 2010 Affordable Care Act.
• A vote could come as early as Thursday if Republicans have enough votes in the House to pass the bill. The Senate would then be forced to take up the bill if it passes.
• Government funding is scheduled to expire on Sept. 30 if Congress fails to act before then.

Rite Aid to Promote ACA Enrollment at Thousands of Stores (The Huffington Post)

• The drug store chain will offer in-store assistance to people who want to enroll for health insurance under the Affordable Care Act, the company announced.
• Licensed insurance agents will be available at nearly 2,000 Rite Aid stores to answer questions about ACA benefits and to help people enroll at no cost starting Oct. 1.
• Other big pharmaceutical chains such as CVS and Walgreens have similar efforts in place. 

Humberto became the first hurricane of the 2013 season as it continued to travel over the far eastern Atlantic Wednesday morning, according to the National Hurricane Center in Miami.

Humberto was a Category 1 hurricane with maximum sustained winds of 85 mph as of  5 p.m. Wednesday. It was moving north at 12 mph about 360 miles west-northwest of the Cape Verde Islands.

There were no coastal watches or warnings in effect.

• Hurricane Season: Special Coverage

                                                                                                               
Humberto could strengthen more Wednesday before it begins to weaken on Thursday, according to the NHC. The hurricane is expected to turn toward the north at a slightly faster speed during the next two days.

Humberto, which became a tropical storm Monday, fell just short of breaking the previous record for the latest-forming hurricane in a season. The record is still held by Gustav, which became a hurricane at 8 a.m. on Sept. 11, 2002.

Meanwhile, Tropical Storm Gabrielle weakened early Wednesday as it moved away from Bermuda, according to the NHC.

• Download NBC 6 South Florida's Weather App

As of 5 p.m., Gabrielle had maximum sustained winds of 40 mph and it was located about  100 miles west-northwest of Bermuda and 620 miles south-southeast of Nantucket, Mass. There were no coastal watches or warnings in effect.

Rough surf conditions were expected to continue on Bermuda through Wednesday.

Additional weakening is forecast over the next 48 hours as a gradual turn toward the north was also expected.

More Weather Content:

• Interactive Radar and Maps
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• Complete Weather Coverage

A southern New Jersey mom and her boyfriend are charged with grossly mistreating the woman's 10-year-old son.

Camden Police arrested Florence M. Pollard, 31, and her 29-year-old boyfriend, Brian L. Craig after Pollard's 10-year-old son, M.P., said the couple kept him chained by the ankle to a radiator pipe for two weeks.

Police were called to the home on the 2700-block of Cramer Street Monday by the couple who reported that M.P. had run away.

The boy was found shortly after and that's when he told police of his captivity. He said that he was forced to sleep with his ankle chained and that his hands were occasionally zip-tied, according to police.

Authorities searched the home and found the metal chain and lock used to restrain M.P. The chain, detectives say, was attached to a radiator in the mother's bedroom.

"As a father myself, it is rather chilling to say the least," Camden Police Chief J. Scott Thomson said. "That a child would be subjected to something like this." 

Both Pollard and her boyfriend are charged with Endangering the Welfare of a Child and Criminal Restraint.

They are in county jail.

"To treat a child this way is inhuman," said Sgt. Janell Simpson.

M.P. and his five siblings are in the care of the state.

"He could have been seriously injured or died had this continued, so to get this child and his brothers and sisters out of that environment was critical," said Simpson. 

A former TSA employee who worked at Los Angeles International Airport was arrested Tuesday night after he allegedly made threats to terminals and left a suspicious package at the airport the same day he quit his job, the FBI announced early Wednesday as a bomb squad conducted a search in connection with the investigation.

Nna Alpha Onuoha, 29, from Inglewood, resigned from the Transportation Security Administration (TSA) on Tuesday -- a position he has held since 2006 -- and left a package later that afternoon at the TSA's LAX Headquarters addressed to another TSA employee, according to an FBI statement.

The package was treated as suspicious and inspected by a Los Angeles Police Department bomb squad, but it only contained an eight-page letter detailing his disdain for the United States and other opinions about what led to his suspension and ultimate resignation.

Hours later, a man believed to be Onuoha called the TSA and told employees to "begin evacuating certain terminals at the airport" and said he would "be watching" to see if they followed his instructions, the statement read.

The terminals were cleared per his threats, but no threat to the airport was found.

Officials with the Joint Terrorism Task Force went to Onuoha's Inglewood apartment and found nothing except a note taped inside of his closet with an "unspecified threat" citing the Sept. 11 terrorist attacks anniversary.

A third suspicious package mailed to a TSA office near LAX was linked to Onuoha, and prompted the office's evacuation Wednesday afternoon.

Residents at Westside Veterans Residence told NBC4 Onuoha "stayed to himself."

"As far as the veterans here are concerned, they have seen him every single day," said Ivan Mason, executive director of the U.S. Veterans Initiative. "He works out in our gym, runs around the neighborhood, eats in our cafeteria, and he puts on his uniform on his scheduled days and marches down to the airport."

Neighbors said he lived at the 600-resident veterans complex for at least five years. Residents identified the subject who appears in several photos on the website SatanHasFallen.org as Nna Alpha Onuoha.

The website includes letters in which the author writes about Christianity, the "sin of sexual immorality" and the "end of America."

An Amazon.com listing for a 424-page book titled "The End of America: The End of the World" credits Alpha Onuoha as the author. The summary describes the self-published book as "based on the real-life experiences, thoughts, and observations of an African immigrant, beginning from Africa and ending in America."

Onuoha is being held in custody on suspicion of making terrorist threats -- a violation of both federal and state law -- pending additional investigation, according to the FBI.

Onuoha's first appearance in federal court lasted some 4 minutes Wedneday afternoon. A magistrate ruled the suspect will be held at least until Monday's bond hearing.

The suspect also was involved in a high-profile case in which he allegedly shamed a teen because of her attire, NBC News confirmed. The June "shaming" incident was reported after a blogger wrote about the encounter and posted pictures of his 15-year-old daughter in the attire she was wearing at the time.

Federal authorities told NBC4 the incident was a factor in Onuoha's suspension.

Leads on Onuoha's whereabouts led authorities to Harvest Christian Fellowship Church in Riverside, where Riverside police and members of the Joint Terrorism Task Force arrested Onuoha just before midnight Tuesday. He was found sitting in the vehicle parked in an otherwise empty parking lot, police said.

Additional packages were found inside the church and in Onuoha's car, which was parked outside of the church, Riverside Police Lt. Milby told NBC4. None of the items, which included a Bible and cross, found in the vehicle were deemed hazardous, according to Riverside police.

"We're still trying to figure out what his connection to Riverside is," said Riverside Police Department Lt. Guy Toussaint.

A bomb squad was still at the church Wednesday morning, prompting the church to cancel its private school classes for the day.

Aerial video showed investigators near a minivan with all doors, hood and liftgate open in an Arlington Avenue parking lot. Several explosions, possibly involving the bomb squad investigation, were reported Wednesday morning. Video also showed a red cross with writing on it, similar to one pictured on the SatanHasFallen.org web site.

In light of the events at LAX "involving a disgruntled former airport worker and the 9/11 anniversary tragedy," LAX, Ontario and Van Nuys airports increased patrols by uniformed officers in and around the airports, Los Angeles Airport Police Chief Patrick M. Gannon said in a statement.

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As Northern California fire crews were out battling the raging Morgan Fire near Mount Diablo this weekend, someone was rifling through their station and stealing their stuff.

Firefighters returned to Station No. 7 at 1050 Walnut Avenue in Walnut Creek Monday after battling the brush fire to find their iPads, watches, cash and even two wedding rings gone.

The discovery was disheartening to the crews who had spent 24 hours protecting at least 100 structures threatened by the fire, which had grown to 3,200 acres and was 70 percent contained as of Wednesday, said Contra Costa County Fire Protection District spokesman Steve Aubert. Police are now looking for the person or people who did it.

PHOTOS: Incredible Images of California's "Morgan Fire"

Firefighter Judon Cherry was especially rattled. He noticed his things were missing when he wanted to charge his phone and check in with his wife of 20 years, only to find his belongings - including his watch and wedding ring - weren't there.

"When I went into the bedroom to charge my phone I noticed my stuff had been messed with and my iPad was missing," Cherry said.

Cherry said knowing someone went through bedroom lockers and stole their personal belongings while they worked to save homes is almost unbelievable.

"Are you serious? Somebody actually came into the fire station and stole from us after we helped people?" Cherry said. "It's devastating."

MORE: Mt. Diablo "Morgan Fire" 70% Contained

Police believe burglars pried open the locked back door sometime Sunday night, while crews were out on the line.

A sweep of the station revealed that in addition to Cherry's lost items, someone had taken another firefighter's wedding ring and a pair of watches.

Aubert said there was also a burglary attempt at Fire Station No. 3 at 1520 Rossmoor Parkway in Walnut Creek at about 2:30 a.m. Monday while firefighters were asleep. In that case, someone attempted to break into a bedroom window, but firefighters woke up, prompting the would-be burglar to flee, Aubert said.

"We're going to be evaluating the security at each of the stations to provide a better level of security for the department's resources and personnel," Aubert said.

Firefighters are now considering video cameras and gates with codes to beef up security.

SEE ALSO:

• Bay Area Communities Mark 12 Years Since 9/11 Attacks
• Mt. Diablo "Morgan Fire" 70% Contained
• Human Ashes Found on Fremont Road, Returned to Relative
• San Francisco Band's Van Stolen in Chicago
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For five months, Anthony Weiner tried to make New Yorkers believe that he was worth giving another chance.

His mayoral campaign, he said, was a bet that they would look past his mistakes and listen to his ideas.

He lost that wager. Badly.

Weiner ended the Democratic primary on Tuesday in fifth place, with about 5 percent of the vote, according to unofficial returns. On his way to give his concession speech in Manhattan, he had to duck into a side entrance to avoid Sydney Leathers, one of the women with whom he'd once exchanged lewd online messages under the alias Carlos Danger. She showed up outside and declared primary night was the ideal time for them to meet in person.

From the stage, he told supporters: "We had the best ideas. Sadly, I was an imperfect messenger.”

And now his political life is likely over.

For most of his career, Weiner wasn't the guy everyone laughed at. He was charming and funny -- and grating and temperamental. He was a grandstander and a fighter. He seemed to genuinely love public service, and the spotlight it brought him. He served as a city councilman from Brooklyn, and then a congressman.

But what he always wanted was to be mayor.

He ran in 2005, and nearly forced a runoff against Fernando Ferrer, but conceded in the name of party solidarity. He planned to run again in 2009, and was considered a leading contender, but dropped out after Mayor Bloomberg chose to run for a third term. He started raising money for 2013, when Bloomberg would finally be out of the way. He raised about $4 million, enough to be taken very seriously.

And then, in the spring of 2011, Weiner was caught using Twitter to send provocative photos of himself to women. At first, he claimed he’d been hacked. But he eventually confessed, resigned from Congress and went into virtual hiding with his wife, Huma Abedin, a senior adviser to Hillary Clinton. At the time, Abedin was pregnant with their first child.

He re-emerged in April of this year in an intimate set of interviews with The New York Times Magazine in which he said he'd salvaged his marriage, received forgiveness and was ready for politics again. He entered the race in May, and shot to the top of the polls in June. In July came revelations on a gossip website named The Dirty that he'd continued his online escapades after his resignation. Abedin appeared with him at a news conference to defend him, but didn't show up again. Carlos Danger jokes fed the late-night talk shows.

Weiner always insisted that he was running because he thought he had more to give his city. Some, including his former congressional constituents, stood behind him, out of loyalty to the work they’d seen him do.

He insisted that the media was undermining his efforts to talk about his ideas. Perhaps that was true. But Weiner also seemed unable to escape ridicule. He called a 69-year-old Republican candidate "grandpa." He made fun of foreign journalists. He faked a Caribbean accent on a parade float. At the Dominican Day parade, he jogged Sixth Avenue in slim-fitting red pants while waving a flag. He got into a shouting match with a man at a Brooklyn bakery who insulted him and his wife.

It was sometimes hard to tell if loved the attention, or hated it.

He did interviews for "Meet the Press" and the "Today" show last weekend and complained that his campaign had been reduced to a "soap opera." He vowed not to stop when things got "a little tough."

On primary day, Weiner got into an argument with a woman in Harlem who ridiculed him and told him to drop out.

"You are all about you," she said.

"Get used to it," he replied.

A few hours later, the returns came in.

One last time, Anthony Weiner had asked his city for another chance.

And New Yorkers told him to scram.

Then, when it was all over, as he drove away from his concession speech, he flipped a reporter the middle finger.

Although they didn't reach a goal of two million riders, thousands of bikers rolled through the Washington, D.C. Wednesday to mark the 12th anniversary of 9/11. 

The bikers -- riding with the group "Two Million Bikers to D.C." -- snarled traffic on the Beltway with a ride honoring the victims of the Sept. 11, 2001, terrorist attacks and the members of the military called to serve after the attacks. 

Many riders participating are veterans, and said they rode to protect Americans' freedom in the midst of tumultuous times. 

"The enemy has a say when the war is over," "I believe they're saying it's not, so we're here." 

On their Facebook page, in all caps, the group said they will stand by the Constitution and Bill of Rights, adding that they're "against any fundamental transformation of America."

• Officers Who Died on 9/11 Honored in D.C.

The ride began at Harley Davidson of Washington in Fort Washington, Md., at 11 a.m. Many drivers pulled over along the side of the highway to wave and take pictures. 

"I could stay here for half an hour; I don't care; this is America," said Santana Sensenna while stuck in the traffic.

The bikes rolled in a steady stream for 50 straight minutes before heading to the Beltway. The ride wasn't smooth for everyone. At one point, a motorcycle went down on the Outer Loop in the Bethesda area, causing traffic to back up for miles.

• 9/11 Anniversary Marked With Tributes

At the National Mall, another motorcyclist ran his bike into the back of a pedicab.

"I think the heat got to me and I kind of blacked out a little bit," said the rider, Bill Eisenheart. "You know, I didn't see him."

But the overarching theme of this day was remembering what happened Sept. 11, 2001.

"9/11 happened then, but it's still happening," said rider Ken Mortello.

Mortello, a Desert Storm veteran and full-time firefighter, came down from New Jersey to be a part of the ride. He remembers vividly what the day was like for one of his friends in New York City who rushed into the World Trade Center to help.

"He had a woman with third-degree burns. As he came through a tunnel, one tower collapsed. The tunnel that he was in collapsed -- missed him by about two feet. Buried everybody else that was with him," Mortello said.

He says some friends have still not gotten over that day, and that's why he was riding Wednesday.

• PHOTOS: New York Remembers 9/11

The group apologized on their Facebook page in advance of the event for the gridlock they expected to cause.

Organizers tried to get a last-minute permit to close some intersections near monuments and on Capitol Hill in D.C., but the National Park Service denied that request.

According to US News and World Report, park service spokesperson Carol Johnson said allowing the road closures "would cause a severe service disruption of traffic."

However, permits are not required to hold a rally in the city. It will be up to individual riders whether they choose to enter the city, WTOP reported.

"What could have been a one or two hour ride through will now likely be an all day event," the organizers said in the Sept. 6 post.

Another group of participants made their way up Interstate 95 in Stafford at around 9 a.m. and reached D.C. after 11 a.m. I-95 North at exit 143 in Stafford County was closed for about 15 minutes as motorcyclists began their trip.

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NBC 7 has obtained the documents from the ACLU that detail how much former Escondido Police Chief Jim Maher was paid to step down.

After more than 30-years with the department, Maher was placed on paid administrative leave in September of last year due to a personnel investigation.

Then came an announcement he was retiring at the end of 2012.

The severance agreement shows Maher was paid $150,000 and allowed to keep his benefits.

Maher was given a "retired police chief" badge for the city of Escondido.

The documents also show Maher waived any further claims.

Maher served with the department for 32 years, and was previously a U.S. Military Marine Corps Police Officer for four years.

The department has not released details about the investigation, as it is ongoing.
 

Even though you’re back to the grind, keep the summer fun alive with these local events.

Thursday, Sept. 12

Solare Live Jazz Night
8:45 p.m.-11 p.m. at Liberty Station
Enjoy the smooth beats of the Chris Lea Jazz Trio at this free concert.

Friday, Sept. 13

San Diego Film Festival Preview
5 p.m.-11 p.m. in the East Village
Watch an independent film under the stars—and get a sneak peak of next month’s San Diego Film Festival. Tickets begin at just $5.

Saturday, Sept. 14

Latin Food Fest- Grand Tasting
11 a.m.-3 p.m. at the Port Pavilion
The "Grand Tasting" is exactly that: An all-you-can-eat buffet from more than 100 Latin restaurants. The festival itself runs Thursday-Sunday.

Sunday, Sept. 15

San Diego Restaurant Week
Sept. 15-Sept. 20
It’s a foodie’s favorite time of year. Try specially priced lunches and dinners at fun restaurants across the county. Plan your culinary adventure here.

A federal judge in California sided with Lance Armstrong and the publishers of his autobiographies on Tuesday, rejecting claims in a lawsuit that lies about not using performance-enhancing drugs amounted to fraud and false advertising.

A group of readers who bought Armstrong's "It's Not About The Bike" and "Every Second Counts" sued in Sacramento federal court seeking class-action status and more than $5 million in damages. They said they were duped into believing the books were inspirational true accounts and should have been labeled fiction.

U.S. District Judge Morrison England's 39-page rule sided with Armstrong's attorneys, who argued the books are free speech protected by the First Amendment.

"Lance Armstrong has a right to exercise his First Amendment right to free speech," Armstrong attorney Zia Modabber said.

By law, the plaintiffs have 21 days to refile their lawsuit under the guidelines of Tuesday's ruling, but Modabber predicted the ruling would close the door on the case.

The ruling likely eliminates one of several legal hurdles facing Armstrong. The federal government is seeking to recover more than $30 million the U.S. Postal Service paid to sponsor his former team in a case that could include total penalties of more than $100 million.

Armstrong also has been sued in Texas by two companies seeking to recover $15 million in bonuses paid to Armstrong and his teams for winning the Tour de France and other races.

The books lawsuit was filed in California under that state's consumer protections laws. The lawsuit accused Armstrong and publishers Random House and Penguin Group of committing fraud, false advertising and other wrongdoing for publishing the cyclist's vehement denials that he wasn't a cheat. They also claimed the books should have been labeled as fiction instead of non-fiction.

"The fact Lance didn't tell the truth about whether or not he doped, does not make the entire story of his life fiction," Modabber said.

Armstrong vehemently denied doping for use for years, but admitted in a January interview with Oprah Winfrey that he cheated during most of his career. The confession came after a detailed report by the U.S. Anti-Doping Agency.