On Saturday, February 9, 2019, the Mules were escorted thru Marine Corps Base Camp Pendleton by Paul, who is a fireman on the base.
We spent the night in Agra, CA, which is where the north gate of the CALL DUN DRUM is located, leaving a huge amount of energy to connect to the south end of the CALL DUN DRUM and restore its free-flowing natural state. Energy that is contained or forcibly stopped will always seek to return to its natural state of free-flowing.
The Mules and the Nation, the 3 Mules Nation, want to thank Paul for giving his energy to escort the Mules, so that they could continue this sacred journey walking south to Oceanside and points beyond rather than the use of automobile and trailer.
We did receive a belated response from the mother agency Caltrans. It was nothing more than the response we received from CHP. In the course of our conversation with District 11 Director Cory Binns, the fact was revealed that Caltrans does not include in its plans equestrian use of the public thoroughfare. This is a serious mistake. Equestrians pay taxes have the same constitutional and legal right to use of the public thoroughfare as any automobile, pedestrian or cyclists. Equestrian travel has been around thousands of years in this world.
The energy of the 3 Mules endless journey will not relent. It will continue to ensure equestrians their equal right and use of the public thoroughfare.
Last year, the Mules made their first attempt to breech the CALL-DUN-DRUM from the south end in Oceanside. This place this CALL-DUN-DRUM where the agencies that have administrative jurisdiction are unable to function in a rational, responsible way serving the public who has given them the assignment to move all legal modes of use (pedestrians, bicyclists, equestrians, automobiles, etc) safely and efficiently through its mist. Instead allowing only the High Speed Motorist (HSM) and bicyclists legal passage and denying all other rightful users their legal right to passage.
The Mules sent Caltrans and CHP an e-mail on January 21, 2019 offering a simple common sense solution to this festering CALL-DUN-DRUM. Call San Diego Humane Society (the agency which contracts with the State of California and San Diego County to handle animal issues that occur on state roadways and direct said agency to trailer the Mules or any horse person needing to traverse the 7.9 mile CALL-DUN-DRUM.
The response from CHP was misleading and inadequate. The response from Caltrans, the mother agency, has yet to be received. And so the CALL-DUN-DRUM continues to fester like an open wound unable to heel itself.
Last year, the Mules left a huge amount of energy at the south end of the CALL-DUN-DRUM. This year, the Mules will leave a likewise amount of energy at the north end of the CALL-DUN-DRUM.
The natural state of energy is to flow and move freely. The energy at the south gate will seek to connect with the energy at the north gate and assume its free-flowing natural state. The accumulated energy at the north and south gates will seek to connect and heal this festering sore on the I-5 Public Thoroughfare, which the agencies given the assignment to do so have obviously failed to do that. In the end, this festering wound on the I -5 Public Thoroughfare will not be solved by the agencies but by the energy created and directed by the people who know the value of a free and open public thoroughfare.
As the Mules have been wandering through the San Clemente area waiting to hear from Caltrans in regards to passage through the CALL-DUN-DRUM, we met and talked to many people. The value of the positive energy received is extreme. We will be taking that energy to the north end of the CALL-DUN-DRUM where we will continue to await a response from Caltrans.
1/24/19 Email received from Captain Brent Pembleton, CHP Oceanside Area
Email received from CHP Captain Pembleton
I received your email in regards to access onto Interstate 5 between the area of Las Pulgas Road and Harbor Drive. It is still the position of the California Highway Patrol that we have a statutory obligation to enforce the California Vehicle Code, section 21960 (a), which empowers the Department of Transportation (Caltrans) as well as other local authorities to designate freeways or expressways or portions thereof where pedestrian traffic may be prohibited or restricted.
The California Highway Patrol does not have a legal obligation to pre-arrange transportation for any pedestrian or animal intending to traverse areas of the freeway on which Caltrans imposes prohibitions of pedestrian traffic. There are alternative routes further east through county roadways that are not prohibited to pedestrian traffic, which provide access around the Camp Pendleton Marine Corps Base. You may also contact the San Diego Humane Society at (619) 299-7012, to make your own arrangements. All further matters should be taken up with Caltrans.
Brent Pembleton, Captain
1/25/19 The Mules sent the following response back to Captain Pembleton:
Response to Captain Pembleton’s email
In your email you stated, “It is still the position of the California Highway Patrol that we have a statutory obligation to enforce the California Vehicle Code, section 21960 (a), which empowers the Department of Transportation (Caltrans) as well as other local authorities to designate freeways or expressways or portions thereof where pedestrian traffic may be prohibited or restricted.” Fine. But it does not state that you do not have the ability to authorize a trailer ride for the Mules or any equestrian needing to get thru the CALL DUN DRUM. We know you do.
In past experiences, I was leaving Santa Barbara on 154. We were going over the 154 pass with hairpin curves, narrow shoulders, and traffic allowed to go at a speed that nobody could consider to be safe. A CHP stopped and wanted to trailer us through that section. We refused it because we knew we were almost out of it. But that says without question without doubt, you have the authority if you so choose to authorize a trailer ride and direct Humane Society San Diego to provide it as you did when we were arrested last year. Yet you are refusing to do so.
Instead you say to take alternative routes but offer no specific alternative route that you could be held responsible if something should happen. The alternative routes available circumventing Camp Pendleton are extremely dangerous by everybody’s standards who we’ve talked to. Hairpin curves, no shoulders and once again traffic allowed to move much faster than anybody would consider safe due to its multiple legal use by equestrians, bicycles, pedestrians, etc. Should any accident occur due to your refusal to provide a trailer ride thru the I-5 CALL DUN DRUM, your agency representing the State of California will be responsible if not legally, absolutely morally.
On January 21, 2019, the Mules sent the following email to CalTrans and CHP agencies responsible for the I-5 CALL-DUN-DRUM, the 7.9 mile stretch where the Old Pacific Highway Trail ends at Las Pulgas Road to Oceanside. The Mules are still waiting to receive a response.
Subject: Trailer Assistance Requested I-5 San Diego County
Caltrans Director Laurie Berman
Caltrans District 11 Cory Binns
CHP Commissioner Warren Stanley
CHP Deputy Commissioner Scott Silsbee
Border Division Chief Jim Abele
Captain Brent Pembleton
Dear Sirs/Madam: The Mules are delivering this letter to yourself to inform you that the Mules like last year will once again be needing to traverse the CALL-DUN-DRUM, the 7.9-mile stretch where the Old Pacific Highway Trail ends at Las Pulgas Road to Oceanside. Last year, we were trying to head north from Oceanside to the trail, when we (The Mules) were abruptly stopped by CHP and told to remove ourselves from the Public Thoroughfare. This 7.9-mile stretch of confusion where the rule of law has been suspended and was responsible for the Mules’s arrest and illegal incarceration on February 23, 2018. All citizens of the United States have the rightful and free use of the public thoroughfare guaranteed by the U.S. Constitution. It is unlawful to deny any one venue the right to that use.
The Mules will expect the events of last year not be repeated. In a few days, the Mules will be arriving to Old Pacific Highway Trail/Las Pulgas Road. The Mules are requesting a trailer ride to Oceanside in the 7.9-mile stretch of I-5 that is closed off to pedestrians and equestrians. Last year rather than using the trailer acquired by CHP to transport us thru the 7.9 mile CALL-DUN-DRUM, CHP used the service of the Humane Society trailer to take Little Girl 30-miles to Escondido Animal Shelter and myself 15-miles to Vista Detention Center.
In August 2015 when the Mules needed to cross the Golden Gate Bridge, which allows cyclists and pedestrians access to the sidewalk but not equestrians, the Golden Gate Bridge District contacted the Marin Humane Society, who picked us up on the north end of the bridge in a trailer and dropped us off in San Francisco. Since CHP contracts with the San Diego Humane Society, we are requesting a number to call when we reach Las Pulgas Road trailhead parking for trailer ride to Oceanside. No more than a three hour advance notice to Caltrans/CHP by any equestrian seeking to traverse the 7.9-mile Call Dun-Drum will be required.
The mission statement of Caltrans and California Highway Patrol is to provide the highest level of safety, service and security for workers and users. Caltrans strategic objective states, “Improve the quality of life for all Californians by providing mobility choice, increasing accessibility to all modes of transportation and creating transportation corridors not only for conveyance of people, goods, and services, but also as livable public spaces.”
The Mules and their nomadic way of life without question is one of those modes. I am a native Californian. My mules and I have lived this nomadic way of life for the past 35 years. We don’t live in houses and we don’t drive cars. We are always outside and this is our way of life. If the State of California/Caltrans mission statement is to improve the quality of life for all Californians, denying the Mules access to the Public Thoroughfare is a gross violation of the mission statement.
As the Mules understand from our experience from last year, Caltrans/CHP were the responsible agencies that had us arrested. We are requesting these agencies to inform San Diego Humane Society, which we understand handles the large animal issues for San Diego County, that the Mules will be needing a trailer ride thru the I-5 CALL-DUN-DRUM. Please provide the contact name and number for the appropriate person to handle this issue so we can arrange a trailer ride to get thru this 7.9-mile section of the I-5 CALL-DUN-DRUM.
The Mules are once again approaching the I-5/Camp Pendleton CALL-DUN-DRUM from the north going to the south as opposed to the last year 2018 going from the south to the north. This CALL-DUN-DRUM once again 2019 is seeking to right itself like a ship at sea. The Mules once again find themselves as passengers.
On February 23, 2018, the Mules left Oceanside to go north to San Clemente taking I-5. Unlike cyclists, pedestrians and equestrians have no alternative route, no trails, no frontage road, for this 7.9-mile stretch from Oceanside to Las Pulgas Road trailhead. Since Camp Pendleton denied pedestrian access to the Mules which they’ve granted the Mules three times previously, the Mules used the wide shoulder of Interstate 5 (I-5) to walk north. We were summarily approached by CHP and told to turn around, go back. We refused and were arrested. A trailer was summoned by CHP and Little Girl was taken to the animal shelter and I was taken to jail. CHP could have just as easily trailered us 7.9-miles to the north end of the CALL-DUN-DRUM rather than take myself 15-miles to Vista Detention Center and Little Girl 30-miles to Escondido Animal Shelter. Read more here.
The Mules will soon be contacting CalTrans to provide a trailer ride for the Mules or any equestrian needing to traverse the 7.9-mile CALL-DUN-DRUM from north to south (Las Pulgas Road Old Pacific Highway trailhead to Oceanside) or south to north with not more than 2 hour notice. A trailer ride was the solution provided for the Mules in August 2015 when needing to cross the Golden Gate Bridge, which allows cyclists and pedestrian access but not equestrian access. The Golden Gate Bridge District contacted the Marin Humane Society who picked us up on the north end of the bridge in a trailer and dropped us off in San Francisco. Likewise for the I-5 CALL-DUN-DRUM, Caltrans can contact the Humane Society to trailer us from Old Pacific Hwy/Las Pulgas Road trailhead to Oceanside since it was the Human Society that picked up Little Girl last year and brought her to the animal shelter.
The action they took against Little Girl and myself was hardly compatible to their mission statements. It was anything but. It was 180 degrees to the contrary of serving the various modes of public use (pedestrians, cyclists, Equestrians, wheelchairs) on the Public Thoroughfare going from Point A to Point B. Caltrans and CHP are not in synch with their mission statements nor with Vehicle Code 21949 passed by the State Legislature.
(a) The Legislature hereby finds and declares that it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents of the state.
(b) In accordance with the policy declared under subdivision (a), it is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries.
(Added by Stats. 2000, Ch. 833, Sec. 6. Effective January 1, 2001.)
Per the California Highway Patrol website: “The mission of the California Highway Patrol is to provide the highest level of Safety, Service, and Security.” Isn’t it ironic that above this mission statement is three CHP officers on HORSES.
On Caltrans website is their posted mission statement to “Provide a safe transportation system for workers and users, and promote health thru active transportation and reduced pollution in communities.” The Mules mode of transportation promotes health and reduces pollution in communities because we’re traveling by foot.
Caltrans strategic objective states: “Improve the quality of life for all Californians by providing mobility choice, increasing accessibility to all modes of transportation and creating transportation corridors not only for conveyance of people, goods, and services, but also as livable public spaces.”