Uber as designated driver choice backfires

In an effort to cut back on public intoxication and loud noise from drunken bar patrons leaving Encinitas' burgeoning bar scene, the San Diego County Sheriff's Department is targeting minorities and chasing out “undesirables" from the affluent beachside community, says a December 2 lawsuit filed in federal court.

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.'"

The sweeps are part of a larger enforcement program that the City of Encinitas spearheaded in response to the growing popularity of Encinitas bar scene. In addition to routine patrols by sheriff's deputies, the city has attempted to lessen the noise from bars with bands.

But according to the lawsuit, the sweeps have much more dire consequences.

"...[T]he “zero tolerance” ban on bar patrons being 'drunk in public', was nothing more than a ruse to let the public at large know that 'undesirable types' of civilians weren’t welcome in Encinitas...[which] includes Hispanics /persons who appear to be of Hispanic descent."

In his case, Villanueva says Deputy Steinmeyer approached him in a hostile manner and ordered him to place his hands up for no apparent reason. Villanueva allegedly asked the deputy why he was being detained. Steinmeyer then reportedly sprayed Villanueva and others in the vicinity with pepper spray. Villanueva remained standing and continued to ask deputies why he was being detained. Steinmeyer, with his taser pointed at Villanueva, approached him and grabbed his arms, causing the man to fall. Steinmeyer then placed Villanueva in a choke hold. A video of the incident was taken but was not released with the lawsuit.

Deputies, says the complaint, then turned their attention to Villanueva's friend Eduardo Sandoval, who had been filming the incident on his cell phone. Sandoval was also taken to the ground and deputies attempted to confiscate his phone.

Villanueva was taken to jail and charged with resisting arrest.

Attorneys for Villanueva say that deputies violated their client's constitutional rights forbidding illegal search and seizures. Attorneys charge Steinmeyer and other deputies on the scene used excessive force during the altercation.

Attorneys are asking that a judge award Villanueva punitive and compensatory damages from between $5 to $15 million.