Monday, December 5, 2016

Bar patrons arrested after closing time seek $15 million in lawsuit

San Diego Reader:
According to the lawsuit, Bernardo Villanueva and some friends went to a bar with friends in downtown Encinitas in January of this year. Villanueva had two mixed drinks at the bar and was not intoxicated, claims the lawsuit. After the bar closed, the group of men walked to the 7-Eleven on D Street to buy beer and wait for an Uber driver to pick them up and take them home. Sheriff's deputy James Steinmeyer arrived at the store parking lot as the men waited for their ride.

According to the complaint, Steinmeyer and his partner were patrolling Encinitas streets on the lookout for those who were disturbing the peace on their way out of the bars.

Reads the complaint, "At that time, and in the moments prior, Steinmeyer had been accosting random pedestrians on the sidewalk, near bars in the vicinity of downtown Encinitas, for no apparent reason, other than to enforce a 'zero tolerance' ban on bar patrons being 'drunk in public.'"
Here's the court case. The presiding judge is Gonzalo Curio, recently famous for being called "Mexican" by Donald Trump.

93 comments:

  1. Is the city of Encinitas and the city council also being sued?

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    Replies
    1. Usually, it's the officer who is sued, so it's the alleged victim of the excessive force v the People of the State of California, and it will probably be heard in Federal Court.

      Read the entire Reader article. It does appear that excessive force was likely used. There was pepper spraying of the group waiting for their Uber ride at 7 Eleven, as well as an attempt to arrest, also, and confiscate the phone of Villanueva's friend, who had been using it to film the incident.

      Delete
    2. You are a retard 2:53 am. First, the defendant is the County of San Diego, which provides sheriff services, not "the People of the State of California" - which would never be a defendant. Second, it's scary how you take the Reader article, which quotes mere allegations from one side, as the truth. Yikes!

      Delete
    3. Even though a Deputy Sheriff makes an arrest, working for the County, the criminal lawsuit is filed as People v Villanueva (in this case). So, I believe that one objecting to the arrest would first file a complaint with the County, but, in Court, the lawsuit against an individual officer would be the opposite, Villanueva v People. I could be wrong.

      However, even the City of Encinitas can and has sued in the name of the People (of the State of California).

      Delete
    4. The Reader article reported the facts, from what I read, including the fact that pepper spray was used, and that the officer tried to confiscate Villanueva's friend's phone, which he was using to film the incident. Why confiscate?

      Officers who engage in confrontations should have their own body cameras. If they attempt to take away private citizens' cell phones, that gives the appearance that the police are trying to hide something.

      Years ago, when Francine Busby's event resulted in pepper spraying of guests at a private party after an alleged noise complaint, when the event was breaking up just after 9 p.m., the County ended up settling for an excess of $1 Million, in Federal Court. That incident also involved excessive force, and wrongful entry into a private residence without permission from the owner. The homeowner was questioned, and when she declined to give her age, she was brought to the ground and pepper sprayed, along with a circle of her guests who had come over to see what the problem was.

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  2. Special interest groups (downtown, NIBY's, Measure T, density bonus, etc.) are going to bankrupt this city!!!

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  3. Sensitivity retraining time.

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  4. Encinitas Sheriffs are true thugs. Let's don't forget about the people that they have assassinated like that poor fellow from Village Park a year or two ago.

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  5. Let's get this straight. Mr. Villanueva was trying to buy beer after the 2AM closing of a bar. He had been drinking enough to think that it wasn't prudent to drive and was waiting for Uber. He and his friends were loitering on the street and could have been acting goofy. So officer Steinmeyer, doing his job, questions them and unusual behavior results - no surprise here. And now Villanueva is suing for at least $5 million because the officer was hostile? Were the two cocktails doubles or can Villanueva not hold his liquor?

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    Replies
    1. ....prosecution wishes to strike from the jury, your honor.......

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  6. "According to the complaint"

    This is half a news story.

    No indication by the writer that he even contacted the Sheriffs for comment. I'm sure they wouldn't comment, but it's lazy journalism not to ask.

    To those who are drawing conclusions based on the lawyers for one side, ask yourself if you'd grant Marco Gonzo the same courtesy. Lawyers are hired to represent the interests of their client, not to tell the whole truth. We'll just have to wait and see if there is any substance to these claims.

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  7. The City Council directed the Sheriff's department to do what could be done to control the drunk patrons at the businesses that sell alcohol. Several years ago the Council had a possible fix to controlling the bars, but three of the Council members voted against the fix. The vote opened the way for granting more liquor license requests. The Council wants a "vibrant" downtown and revenue from the alcohol sales.
    This is a problem created by the Council.

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  8. The whining city slickers who have moved downtown (from places like New York City, San Francisco, and Seattle) have created this problem. Downtown has ALWAYS been a place to have a drink or a few and hopefully even meet you future wife one day with all of that 'liquid courage.' We are drinking nation, always have been and always will be. If these city slickers aren't going out for drinks and don't enjoy the bar scene, they need to move back to NYC and shut their whining traps!

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    Replies
    1. 11:54 You have every right to post your inaccurate, irrational, prejudicial opinion.

      Delete
    2. You do know the ones creating this problem are a combination of:

      1) drinkers who don't live here (no city slickers, people on party buses coming in from elsewhere)
      2) bar owners who value money over running responsible operations
      3) last but not least, the City that looks the other way while putting out its hand for the bar revenue.

      But you already know all that.

      Delete
  9. Nothing good happens after midnight. These guys should have gone home and been asleep and none of this would have happened.

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  10. I wish the cops would hang out at the intersection of Vulcan and Encinitas Blvd., and ticket the red light runners. It's not uncommon to see 2 or 3 people run the red. And it's getting worse everyday.

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  11. You should change the name of this blog to Encinitas Complainers! All you people do is complain, complain and give unwanted advise. You should get a job, go outside or enjoy your family, unless your unemployed, hate the outdoors or your family hates you.

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  12. The cops should ticket vehicles breaking the law. They don't.

    They could issue hundreds of tickets an hour on Saturday and Sunday to all the blattent violators that modify their exhaust system and run straight pipes. But as ussual the cops don't do shit around here.

    I can't even think when is the last time I've seen a cop around town enforcing traffic. They all seem to be assigned to the drunken party scene created by our City Council downtown.

    They were warned not to create a north county PB, but they ignored the local pleas. Sad, but true. They listened to that idiot attorney who used to try and help the environment and now has sold out to bar owners and developers. Sad, Sad, Sad.

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  13. People who can't spell complain about complainers. Lacks credibileetie.

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  14. Thanks Grandma. Maybe WC will give you edit rights so you can just make grammar edits and make you happy.

    Those that have nothing to offer, comment on grammar, spelling and name calling.

    Have at it, Grandma. Anything of value to add?

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    Replies
    1. 6:10 has nothing valuable to add and if he did wouldn't be able to express it understandably because he doesn't know his mother tongue. He also strongly asserts that 2 + 2 = 5.

      Delete
    2. Let's eat, grandma!
      Let's eat grandma!

      How many of you proofread your posts before hitting "submit"? I do, and I still 'F it up. That said, grammar, punctuation and spelling are important for meaning, understanding and establishing context. To not recognize that and at least make an attempt is a sign of lazy thinking. But it does at times make for hilarious posts.......

      - The Sculpin

      Delete
    3. Sculpin-

      Not everyone is a slacker retired Gov. Worker like you and Muir. We don't have time to edit blog comments.

      I would edit something important but no a blog.

      You and grandma have at it.

      Delete
    4. 8:14,

      Then the rest of us will continue to discount your thoughts as the ramblings of a confused and uneducated simpleton. If you want your ideas to be taken seriously, then represent yourself as a serious and thoughtful person.

      Sloppy writing = sloppy thinking.

      We all are prone to errors from time to time. But if the frequency of errors demonstrates that you don't care about your own post, then why should anyone else care?

      Delete
    5. I figured as much on The Sculpin...loads of free time while cashing a fat pension check every month...nice work if you can get it.

      Delete
    6. Sculpin has plenty of time for the edits, but his mind is slow.

      never has well thought out comments or recommendations. He's lucky he fell into the government job market. He probably wouldn't make it in private sector.

      Needs to work on common sense. Too much grandma tendencies for me.

      Delete
  15. What happened to the KFC and when is it coming back??

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    Replies
    1. Coming soon: hipster unicycle shop / mustache salon.

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    2. The property where VG's donut shop is located sold and the new owner is jacking up the rents on the tenants. Is VG's the next old time business that will be forced out? Watch for the new high rise triple density quasi-modern clap traps to be proposed for that center.

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    3. You are an idiot if you think that they are jacking up rents to build a high rise.

      They are jacking up rents because they can and the market supports it. Nowhere in this town is safe. Our past's demise is our future. No more mom and pops. Only efficient shop floors that have economies of scale that can reduce overhead and compete at the new prices.

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    4. 2:14 PM The process is interlinked, in spite of your myopic confusion. They raise the rents in the interim, as the building conversions will take time. In the meantime, you either collect more money or see the businesses vacate - both fit the plan. Eventually, it is likely the businesses will get the boot regardless of the rents they are paying.

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    5. Unless you like the tenant and want them to sign a long term lease. Then you will provide them concessions to stay while the renovations are being complete in exchange for more favorable terms for the long run. At the end of the day it's a negotiation. VG's has a long track record of providing superior foot traffic. The other stores not so much. Let's see if that has any value to the new owners plans....

      - The Sculpin

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    6. 4:52 PM A possibility.

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  16. Shaffer in the longest " goodbye" article ever written in the 2 December Coast News blames the troubles of the last 4 years on Stocks.... what a maroon. As clueless as her hair.... Hey everyone look at me!! Good riddance.

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    1. 1:05 Stocks was an arrogant SOB and still is. You are who you run around with.

      At least Shaffer worked hard and made a difference for the good of the community.

      Delete
    2. Stocks is an SOB, Shaffer worked hard to screw the community.

      Delete
    3. Explain how Shaffer didn't fail miserably?

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  17. Just to shut you up, here's 3 examples:
    Opposed Prop A
    Supported Measure T
    Supported Density Bonus
    Oh nevermind, your right! She did fail miserably!!!
    Etc...

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    Replies
    1. Sounds like a little jealousy going on here. Or, were you a former council person that didn't go over too big????

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    2. Jealousy?? There are 1,000s out there who once supported Shaffer but now point to 5:36's examples as reasons to do the happy dance at Shaffer's departure from the dais. Good riddance to a true turncoat.

      Jealous? No. Anxious for her final meeting? Yes!

      Delete
  18. Let's be honest folks. Shaffer badgered Maggie into saying she was "Maggie's Choice". Maggie, sick as she was, was badgered by Shaffer into that endorsement. Shaffer had never done much in Encinitas and had no name recognition so she used Maggie's. Much longer back story but not interested in putting it on this blog. Shaffer was always in above her head. She may be an academician, but you know what they say about academicians.

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    Replies
    1. Her time on the council was all about her. Her arrogance was overbearing.

      Delete
    2. You'll have to find someone else to complain about. How about we start with "blubber" Muir. The guy is half dead during the meetings and keeps talking to the ceiling. We could have done much better this go around, but the idiots let him back in office.

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    3. Muir is the poster boy for one of the city's biggest problems - bloated pension deficits growing bigger every day. Putting him back on the council was like putting the monkey in charge of the bananas. The voters in Encinitas are generally clueless.

      Delete
  19. I didn't agree with every vote, but I thought Shaffer did a good job. Smart lady. Always did her homework and came prepared. She listened, and obviously cares a lot about the community.

    I wish her well.

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    Replies
    1. 6:55 I agree.

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    2. Many expected a people's advocate and a reformer. We got a hard-working, thoroughly prepared traitor instead.

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    3. 8:39 I agree.

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    4. A traitor who, instead of doing her homework as 6:55 claims, "deferred to staff as experts" when forming opinions.

      Would that she had done her homework.

      Delete
    5. * council members talking to themselves, about each other.

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    6. Horvath will be equally as bad or worse...

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    7. 8:09 - this blog will get worse?

      I'm outta here.

      Delete
    8. Hey I know, 9:37! Now that you're "outta here" you can go show an "expression of gratitude" (Blakespear's words directed at Shaffer and Gaspar) at the "they're outta here" swearing in for new Council members on Tuesday!

      Won't see you there!

      Delete
    9. 9:37 - Sounds like you'd be more suited to go show your "gratitude," blakespear's words, at Tuesday's meeting to kick out the old, install the new.

      Delete
    10. " Join us at City Hall this coming Tuesday at 6 p.m. for the new Mayoral and Council swearing in and expressions of gratitude and acknowledgement for the service of Councilwoman Lisa Shaffer and Mayor Kristin Gaspar."

      Ummmm...no thanks. There's polite and there's gag me. This is gag me.

      Delete
    11. And Gaspar moves up the ladder - San Diego County 3rd District is screwed!

      Delete
  20. This is OK by 12/7 8:14's standards:

    OOPS: "'Californta' pins welcome back legislators with error," by SacBee's Jeremy B. White: "California state legislators might want to spend part of the next two years on bolstering education policy. Spelling, specifically. Lawmakers commonly wear lapel pins identifying them as elected officials. Less common, though, are pins that misspell the name of the state the lawmakers represent. 'CALIFORNTA STATE ASSEMBLY MEMBER,' read the buttons adorning the outfits of lawmakers who took their oaths of office Monday." http://bit.ly/2hb5HcN

    ReplyDelete
    Replies
    1. Those pins are sponsored by the CTA, California Teachers Association.
      Public school at it's finest...

      Delete
    2. 4:50 You mean its finest.

      Delete
  21. The councilwoman recently had her hair dyed shimmering shades of purple and royal blue, quite the contrast from her trademark silver bob.

    On Shaffer's newly-blue hair: “It symbolizes nothing,” Shaffer said, putting to bed any rumors of some deeper meaning to the hairdo. “I wanted to be audacious for once, and I decided that before my last substantive city council meeting would be a good time to do that.”

    Howzabout standing up to SANDAG like you said you would, Lisa? Where was your audacity when we needed it? When it would actually do something for the residents you supposedly represented?

    I too will be absent from the Tuesday thank-you fest.

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  22. Lisa was a useless putz. nothing more. Wasted 3 million but not nearly as bad as the worst which was $tock$.

    That punk put the hurt on tax payers for 50 to 100 years. I am surprised that he still is able to hang his head in Encinitas. Amazing.

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    Replies
    1. $tock$ was involved in Barbie's ascension to higher office - his evil presence lingers yet!

      Delete
  23. OK, I give. What is with the stupid blue hair? I get it about young people having the colors. But, she is not exactly young. What is the point? And, with Shaffer, it is usually about publicity, so wait for it.

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  24. Since we've gone off topic, I have a question. Every time I go to Beacon's there's a tent from the "Beacon's Church" in the parking lot and they give away hot dogs, drinks and such. There's a guy talking to everyone about the free food, an enticement, I suppose, to hear about The Word of God. He even goes up to people in parked cars. I feel I should be able to go look at the surf without someone trying to "witness" me. Is what they are doing legal? Is this a free speech issue?

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    Replies
    1. Your freedom of speech allows you to give him the what-for. Enough people open their mouths to him and not here and he'll buzz off.

      Delete
    2. 2:14 When you talk to the church man, suggest that he should look into the history of the place where he's enticing people to join his congregation.

      Starting before WWII, there was an aeronautical beacon there. So the place was named Beacon. Many years later, the name was corrupted to what people call it now, which is the same name as the church.

      Delete
  25. The hotdog church guys seem harmless. Hopefully, a free weiner neither corrupts or saves you.
    As for Beacon, it is worth noting that the break to the north is referred to by some as "bamboos" .
    Beacons and bamboos or Beacon and Bamboo?

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    Replies
    1. Harmless if you feel like bring interrupted while minding your own business. Can't having someone intimate you're going to hell or at the very least are in the wrong path. I'd tell him to get lost.

      Do I go up to him when he's at his leisure and start in on how he should take up my hobby?

      Live and let live I say, but guess respecting someone else's space is too much to ask when salvation's at stake, huh.

      Delete
    2. That's not bamboo at the base of the bluff. It's carrizo = Arundo donax = giant cane.

      Paraphrasing Shaffer from the dais: There's no question there used to be a beacon on the bluff there, but we'll stick with the corrupted name anyway.

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    3. 80% of all surf break names end in an "s."

      Beacons just going with the standard naming convention.

      https://www.google.com/search?q=encinitas+surf+breaks&rlz=1CDGOYI_enUS590US590&hl=en-US&prmd=msivn&source=lnms&tbm=isch&sa=X&ved=0ahUKEwj7kvXHtezQAhWrqVQKHYmaDT4Q_AUICSgD#imgrc=Z7U-CyeTb10QcM%3A

      Delete
    4. 7:13 Way back around incorporation time, the city decided to go counter to the historical fact and call it Beacon's, not Beacon and not as you wrongly say, Beacons.

      The URL you provided doesn't work.

      Look into the difference between a singular noun, a singular possessive noun and a plural noun. For example, Beacon, Beacon's, Beacons.



      Delete
    5. Here's another link:

      http://photos1.blogger.com/blogger/6836/619/1024/DSCF0379-382%20PipesBeahMapPano.jpg

      The point is, surfing culture has its own language tropes, and one of them is that most surf breaks end in an "s," with or without an apostrophe. The use of that trope by surfers to name spots also does not conform to normal rules of possesive and plural.

      As examples in the image linked above, "parking lots" is in front of one (singular) parking lot. 85-60's is named for an old railroad sign that used be on the bluff. No one ever suggested that the 85-60 sign "owned" the beach or break below.

      Just like no one ever suggested that the old aeronautical beacon "owned" Beacon's. The fact that there once was a beacon on the spot is no more evidence of misnaming than the fact of the 85-60 sign is to the misnaming of that break.

      The truth is, surfers have a subculture that includes small tweaks to the English language. One of those tweaks is that most surf breaks end in an s or apostrophe s, and those names do not conform to the usual rules of possesive and plural.

      I have no idea why, but I think it's kind of cool. Beacon's is only one of hundreds of examples.

      Delete
    6. 2:25

      Thanks for the photo, but it's not credible proof of anything.

      Check your copy of "Surfing Guide to Southern California," a truly well-researched and authoritative source.

      Beacon was the name for decades before it was corrupted.

      Other examples:

      Sunset Cliffs, PB Pier, Tourmaline, PB Point, Windansea, La Jolla Shores, Black's, 15th Street, Pillbox, Table Top, Seaside, George's, Cardiff Reef, Pipes, Swami's, Boneyard, D Street, Moonlight, Stone Steps, Beacon, Grandview, Tomato Patch, Ponto, Terramar, Warm Water Jetty, Tamarack, Oceanside Pier, Jetties, San Onofre, Church, Trestles, Cotton's, Doheny, Wedge, Malibu, Rincon, etc.

      Some properly singular, some properly possessive, some properly plural.

      Name your hundreds showing that "most surf breaks end in an s or apostrophe s."

      Delete
    7. 7:39 Evidently, you don't know the standard English for singular, plural and possessive nouns. The point is not if the name ends in an s or an apostrophe s. Plenty of breaks and other place names do that. The point is whether or not the name is formed using standard English. While you're for corrupting standard English, maybe you'll want to corrupt math, biology, chemistry, physics, astronomy, geography, etc.

      Dude, you need an education.

      Delete
    8. Got it. So your problem isn't with Beacon's, it's with all the surf break names that are grammatically incorrect.

      (rolls eyes)

      There was only one trestle at Trestles.

      Cottons probably doesn't refer to the many different types of cotton.

      85-60's was never legally owned by a railroad sign.

      I suggest you sue the International Surf Break Linguistic Naming Approvals Board.

      Delete
    9. 4:52 You're good at demonstrating your ignorance. There was and still is more than one trestle at Trestles. A guy named Cotton used to own what became Nixon's Western White House. The geographical name of Cotton's Point is San Mateo Point. A guy named Black used to own the bluff property above the break called Black's.

      Here are some more break names for you: Turtle Bay, Velzyland, Sunset Beach, Rocky Point, Gas Chambers, Pipeline, Backdoor, Off-the-Wall, Rockpile, Log Cabins, Waimea Bay, Chun’s Reef, Jocko’s, Hultin’s, Laniakea, Pua’ena Point, Haleiwa, Kaena Point.

      Delete
    10. Nope.

      The wood trestle bridge was replaced by a concrete viaduct in 2012. The individual frames of a trestle bridge are called bents. There were many bents making up one trestle.

      The spot below the western White House is spelled both Cottons and Cotton's--either is correct.

      I noticed for the third time that you skipped over the possessive apostrophe s in "85-60's." How do you explain that? Did the sign have ownership of the beach below?

      I realize you have years invested in this silly Beacon's thing, Doug. You've even gotten some attention, which stokes the ego. But if you take a step back and look at a broad variety of names, a reasonable person would conclude that surfers just don't give a rip about the grammatical correctness of naming spots. Many end with a geographical feature: "bay, point, beach, reef." Of those remaining, an unusual number end with an s or 's without much care for plural or possessive correctness.

      I like to think the people who named Beacon's were too busy paddling out and enjoying themselves to give a shit. And that's pretty cool.

      Delete
  26. The guys a kook like many other bible thumpers. Tell him to get lost, like all the other bums in the area.

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  27. His intention is benign-just say "not interested" and let it go.

    ReplyDelete
    Replies
    1. His intention is to "save" those not like-minded because, you know, we're all on the wrong path and going to hell.

      He won't get a "not interested" out of me. He'll get a "worry about yourself and stay far, far away from me."

      Delete
  28. What if the Church of the Holy Beach Hot Dog turns out to be the one true path to heaven?

    There's only 20 people in heaven.

    ReplyDelete
    Replies
    1. Holy Hot Dog, Batman!

      Delete
    2. @8:32 - Hebrew National makes a 30 pack.... wonder if they'd consider serving The Nationals...

      Delete
    3. "B-b-but, I had no idea."

      St. Peter (Patron saint of tube steaks): "We sent a guy with free hot dogs. You had your chance."

      "But I went to church every Sunday."

      St. Peter: "Did your fake church give out hot dogs? That might have been a clue."

      "How was I to know?"

      St. Peter: "Dude, we put up a tent at the beach in your town every week. You have no excuses. Sorry. Next time, try one with cucumbers and celery salt."

      Delete
  29. 11:35am, now that is laughable. I would be willing to bet that these christians would have nothing to do with the 'tribe or any kosher product.

    My question is, do they have a city granted permit to set up their free weekend food giveaways? Any other organization would be required to secure a permit for each and every day they intend to set up their tents.

    If they can entice the gullible into giving up their free will through free food, all it says is these people have no depth to their personal beliefs.

    The god inside resides in us all, without condemning others for their different belief systems. That is the true way.

    For 2,000 years. some have sought to empower themselves over their fellow man by claiming to have direct contact with some higher entity.

    The shallowness of such thinking, has them believing that other beliefs doom them to hell. If there were such a higher being, he/she would not welcome the exclusivity that some christian think is only reserved for themselves.

    If anyone knows whether this group is city permitted, let us know.

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    Replies
    1. 12:16- spoken like a pious know it all that believes he/she knows what's in someone's heart and soul. Your call for a permit to give out free food should also call for a permit to accept God. What a maroon, go away....

      Delete
  30. The hotdog guys are harmless. Let them do their mission wherever....I see them most days when they are there. They offer dogs - which is the last thing I'm looking for when going / coming from the beach. Now salvation, couldn't we all use a bit of that?

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    Replies
    1. Keep your salvation to yourself. In the real world not everyone is a Christian and not everyone appreciates the evangelism. There's an extremely offensive underlying assumption that Christianity is the only way.

      Live and let live, you know?

      Delete