The Mules emailed CalTrans and CHP on Monday, January 21, 2019 requesting trailer assistance thru the I-5 CALL-DUN-DRUM. Below is CHP Captain Pembleton reply back sent on Thursday, January 24 as well as the Mules response back to his email. We have not yet received a response from CalTrans.
1/24/19 Email received from Captain Brent Pembleton, CHP Oceanside Area
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:
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.