Ninth Circuit Court of Appeals Decision on the Mules

Synopsis: On May 9, 2014, the Mules were arrested by the National Park Service and issued three citations for camping outside of designated area, violating order of a government agent, and conditions concerning use of pack animals in the Santa Monica Mountains National Recreation Area.

On July 16, 2014, the Mules attended an arraignment at the United States District Court in Los Angeles and pleaded not guilty and a trial date was set for November 6, 2014.

At the trial on November 6, 2014, the Mules were charged with 1) not obeying an order of a federal employee; and 2) camping in an undesignated area on national park land, while the third charge related to the pack animals was dropped. If found guilty on these charges, the maximum penalty for this petty offense was term of six months imprisonment,  $5000 maximum fine, $10 special assessment for misdemeanor conviction, $25 processing fee payable to the Central Violations Bureau, and five year probation period. The Mules pleaded not guilty and were found guilty on both charges with no imposed penalties or fines, but were assessed a $35 court fee.

The Mules in front of the U.S. District Court of Appeals Ninth District in Pasadena

May 2, 2016: Oral Arguments. The Mules attended Oral Arguments before a three-judge panel in the U.S. District Court of Appeals Ninth District in Pasadena. The defense for the Mules and the government prosecution each had 15 minutes to provide their argument in front of a three-panel judge. Click to watch U.S. Court of Appeal Ninth Circuit Oral Argument court video recording:9th Circuit Court of Appeals video recording United States of America v. John C Sears 5/2/2016.

Thank you to Kevin who once again brought his energy and support to the Mules by taking care of the kids by watching them and our belongings while I was in court for the initial trial in Los Angeles and this Oral Argument in Pasadena.

On June 15, 2016, the 9th Circuit U.S. Court of Appeals affirmed the magistrate judge’s finding that the Mules were guilty of violating two National Park Service regulations.

Click to read ruling 9th District Decision 6/15/2016:

My pro bono attorney Dan Kapelovitz and myself

To hear post-court discussion between John Sears and pro bono attorney Dan Kapelovitz, click here: https://youtu.be/eNIc2_TjcME

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Statement from the Mules in response to the Ninth Circuit Court of Appeals decision:
On May 2, 2016, the Mules appeared at the Ninth Circuit Court of Appeals in Pasadena to hear our appeal before three judges brought forth by the Megatropolis to decide whether the Mules or anybody else, hiker, bicycle or somebody traveling in a wheelchair, in this continental United States has the right to use public space to stop and rest for the night.

The National Parks are without question public space. They belong to all of us and they must be open to all who seek use of them in ways which conform to the mission of bringing people into the Natural World with reverence and respect.

The Mules and the way of life they live are a stellar example of that mission. When the Megatropolis uses its courts and judges to deny the Mules that most necessary function of life (rest) on a National Park, its subverts the mission of the Natural Parks – bringing people and the Natural World together in a natural way as opposed to the Megatropolis way (man-made world way) arriving in an air-conditioned bus with all the comforts of home.

The Mules on this day, September 13, 2016, have declared themselves to be the official mascots of the Natural Park system. One human being wandering in one of all four directions with his or her animal companions with reverence and respect for this totally unique sparkling jewel in the universe – our home EARTH.

Hence, the Mules, in the process of performing their duty as the official mascots of the Natural Parks, will bring clarity, direction and purpose to administering the mission of the National Parks. Rather then continuing down the slippery slope of the commercialism which is destroying the National Parks.

The Mules

2/3/2015 Trial transcript:

2/6/2015 Appellant Opening Brief. Mule’s legal representative Daniel Kapelovitz has submitted an appeal to the United States District Court, which has ten days to respond.

2/19/2015 Governments Answering Brief. The government sent back their response to the Appellant Opening Brief.

3/2/2015 Reply Brief. Mule’s legal representative Daniel Kapelovitz has submitted the Reply Brief to the Government’s Answering Brief
Outcome: The Judge stood by the initial ruling and rejected the appeal.

5/2/2016 U.S. Court of Appeal Ninth Circuit Oral Argument court video recording

6/15/2016: 9th District Decision


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The Mules and the job they do

As I was grazing the Mules yesterday, there were two areas adjacent to each other, one being the open unkept field, the other the well manicured park grass. The kids were constantly trying to get to the lush green park grass. I had to keep turning them back to the open field.

The Megatropolis behaves in much the same way as the Mules. It has an insatiable appetite for lush green grass (your freedom, your energy). It will leave no stone unturned, no scheme untried, consequences no matter.

While most everybody has been set to distractions and pre-occupations, the Mules have not. Our nomadic way of life demands that the Mules stay in constant vigilance and alert. So when the Megatropolis turns to the lush green grass, our freedom, our energy, we are there to grab its lead rope and turn it back to the open field.

The support for the Mules to do this most necessary job will not come from government, a political party, corporation, or a super pack. The Mules are not registered Republicans or Democrats. We are not capitalists, socialists, communists or terrorists. The Mules are free-flowing energy and a living moving connection to the Natural World.

Support for the Mules comes from the soul of a people who love freedom and recognize and understand the creativity, magic and light that is bestowed on those who practice it.

Long live this place of one human-being, moving freely with his or her animal companions. Viva La Mulas.

The Mules

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The Price of Freedom

The price of freedom is eternal vigilance so said somebody…can’t remember who, it’s been quoted by many. The Mules are a venue of that vigilance providing a real live moving scene of eternal vigilance by which anybody at anytime can open the window and watch the Mules moving freely when they choose , how they choose across this country and across this earth.

You take a pause in your busy day, look through the window, you see the Mules there moving freely and unhindered. They’re strong, healthy and well. Now you know your personal freedom and your children’s future is still here.
 
You look through the window and you see the Mules limping then you know you must jump through that window and give your strength and support so the Mules can continue their journey which is to protect and preserve their freedom as well as yours.
 
In these complicated and troubled times, the Megatropolis is taking full advantage. Our case in Pasadena at the United States Court of Appeals is a perfect example. The National Park Service arrested the Mules for stopping to rest – one of the most necessary functions to sustain life.
 
The Megatropolis must come to understand it cannot meddle or tread on the Mules or anybody else’s basic functions of sleeping, eating, walking, etc. that are necessary to living. For allow it to do so will certainly be the end of freedom.
 
The Mules


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Earth Day

Earth Day. One day every year, the Megatropolis designates a celebration of Earth. The Mules, we do it a little differently. Our life is a celebration of Earth Day. The Mules celebrate Earth Day 365 days a year, 24 hours a day. As we walk along, we bring that celebration to every city and town we go through, every neighborhood, by everybody’s front door. We bring the magic and celebration of the earth and all its inhabitants. Our Earth Day is never ending. We celebrate Earth Day on April 22, but we know that we will celebrate Earth Day the next day, the next day, the next day. It is relentless with us. That is where our wealth lies, in the health and the wealth of the natural earth, this natural world. That celebration for The Mules will never end.

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Down to the Bone Nomadic Way of Life

The Mules demonstrating the down to the bone nomadic way of life. Able to erect shelter in a moments notice, take it down the same. Leaving a place the way it was when they arrived. Using their energy to live in harmony and respect with nature not in confrontation with nature. The Mules demonstrating this most valued and respected way to live on this earth to one and all as they walk down the city street right under your kitchen window to see, feel, experience the absolute necessity to yourself and the future of your children for a strong healthy Natural World.

The Mules are calling forth a thousand Monks walking with their animal companions all over this country for thousand of years or until the Buffalos return breaking over the horizon like water breaking through a dam, restoring the health of the Natural World and all who reside within.

The Vision will grow in scope and size it comes through the door of infinity it knows no limits.

The Mules

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The Vision

The Mules have been given a vision by this ages old place in which we belong. We carry the energy and magic of this vision as we wander in stark contrast to the Megatropolis and its blueprint by which we are told we must conform and live. A blueprint of total and complete control of all energy – be it human, animal, sun, wind, etc. that has wrought so much destruction and continues to do so on us (The Mules) and this natural world and all life which it harbors.

Today, we will be clearing the trail which goes up the San Emigdio Canyon. Our bodies will be feeling the pain and discomfort brought on by the maladies of old age. But we will be carrying the vision that was given to us. It will be in our mind’s eye as we work, walk and live. A vision of millions of Buffalos breaking over the horizon.

First we will feel their intensifying energy then we will hear it then see. The energy of this vision will first flow over then break through like water behind a dam. It will flow over the surface of the earth until every nook and cranny is completely immersed at which time a great calm will be felt by one and all. The knowing that the Buffalos have returned to heel the Natural World and all its inhabitants with the power and magic of the energy they harbor.

The Mules will carry this vision harboring the energy of all the people we’ve met, all the kindness and support we’ve received, all the steps we’ve taken on our endless journey to the courthouse in Pasadena, California on May 2, 2016.

The intensifying energy and magic of this vision will enter the courthouse and flow through and around every square inch of that courthouse and work its ages old magic on all those harbored in that courthouse. No matter what the judges decide – guilty or not guilty, upside down, backwards, or sideways. The magic and energy of the Mules will not be denied.

The Mules will continue to wander and roam through the Megatropolis in stark contrast to its destructive blueprint of control and containment of all energy on earth. The wealth of the Mules is harbored in the struggle to be free to live and flow with the energy of the Natural World. This vision will never relent. It will only intensify. No matter what happens or occurs as long as we hold this vision in our mind’s eye, our wealth continues to grow.

~The Mules

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Outside the boundaries of the Megatropolis

The two pictures shown represent the two basic ways of living on this earth. The picture on the top represents the Natural Earth model, a strong healthy, natural environment supporting a varied and diverse web of life, living in balance and harmony for the sake and well-being of all. The picture on the bottom represents the Megatropolis (man-made world) model. A place of dirty water, poison air and food. Outrageous sickening noise, personal and collective isolation for those who live under its influence and within its boundaries which turns out to be where most of us find ourselves.

No human being with a good common sense mind knowing beforehand the consequences of leaving the Natural World and entering and residing in the Megatropolis would ever do so. The Human race has been tricked, lured by the carrot of gadgetry and glitz, comfort and ease, now addicted to what the Megatropolis provides and unwilling to leave, no matter what the consequences.

For those who would break their addiction and leave the Megatropolis, they are being faced with an ever increasing amount of laws, codes, regulations, permits, fees, to prevent their escape.

The Mules case going before the Ninth Circuit in Pasadena on May 2, 2016 is a perfect example of the Megatropolis sealing the cracks, tightening the noose to prevent any escape from its vessel of containment and control of all energy on earth be it human, animal, wind, sun, heat, cold, etc.

If you are willing to live within the boundaries of the Megatropolis, sleep is allowed. If you are not willing to live within those boundaries, the basic function necessary to all life, SLEEP, is being denied.

~The Mules

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Freedom to Move

The Mules will be leaving the Wind Wolves Conservancy in a few days and be on our way to the U.S. Court of Appeals in Pasadena and bring our ages old nomadic way of life to the steps of the court. We will be carrying the energy of thousands of steps made by ourselves and the many others who have practiced this most revered and cherished way to live and be on this place called Earth. We will carry the energy of the thousands of people who we have met on our journey and given their support and kindness to see that this endless journey never ends.

The Mules are working, living every day feet on the ground example of this most valued gift bestowed to the human race to move freely how you choose, when you choose across this beautiful earth. The Mules will never give it away and neither should you.

Give your hope and faith to this endless journey through time and space and experience true wealth – the things money can never buy. The freedom to move on this earth and experience the mystery and magic of doing so can only be kept by using it all day every day. 

The Mules do this most necessary job and reap the awards bestowed upon us by the hope and faith we give to this place of one human being moving freely with reverence and respect for earth and all her inhabitants.

~The Mules

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U.S. Court of Appeals for the Ninth Circuit – Oral Argument Scheduled for USA v. The Mules

On May 2nd 2016, we the mules will appear in Pasadena to attend our appeal  before the 9th circuit. Our pro bono lawyer Dan Kapelovitz represent his oral argument as to why we should be found not guilty. The court will only listen and decide the case on the fine points of the law. The Mules arguments against our conviction will not be accepted or heard by the court but they will be felt by everyone in and around that building for years to come. And that is the ongoing mission of the Mules to spread the magic and mystery of this ages-old nomadic way of living for that is the key to true happiness and to be without it is the key to true misery.

Any law passed by federal, state, county, city government that denies any form of life on this Earth the basic functions such as sleeping, eating et cetera that are necessary to living that life is illegal, unconstitutional and un-everything. The implementation of such a law under any guise or pre-text is to refute and deny the process of life itself. It’s wrongheaded, upside down and backwards. It brings ultimate meaning and definition to the word of insanity.

All life on this Earth from the microbe to the whale engages in two basic kinds of activity – motion and rest. It goes back and forth from one to the other until it wears out and dies. The Megatropolis (man-made world) by its passage and use of laws, ordinances and codes, when enforced denying any form of life any one of these two basic functions -motion and rest – granted to life by God and creation, is a blatant act of illegality against the Earth and all its inhabitants.

This is exactly what was done to us the Mules when we were arrested, charged and convicted by the National Park Service for engaging in one of the two most basic acts to life on this Earth – rest. We the mules have lived on this Earth with reverence and respect for hundreds of thousands of years in harmony with God’s creation we will not be run off the Earth by the Megatropolis and its most favorite child the suburban model – buildings, freeways, machines, outrageous noise, poisoning air, food and water. We will persevere and see another day brought about by thousands of buffaloes appearing on the horizon with the magic and energy of a strong healthy natural world.

United States Court of Appeals for the Ninth Circuit Oral Argument Notice for USA v. John Sears is scheduled for May 2, 2016. We don’t know what order the oral arguments will be held yet. Each side in our case is scheduled to get 15 minutes of argument. Our lawyer has informed us that it is possible that once this case is assigned to the 3-judge panel, they could decide to take the oral arguments off calendar and just decide the case based on the briefs. As we learn more, we will post and share what we know on here on 3Mules.com and on our Facebook page. On May 2, 2016, we the Mules will appear in Pasadena to attend our appeal before the 9th Circuit.

In regards to those who want to donate money for this case…we are not requesting money. Money will not win this case. Hope, faith and energy given freely by people is what will win this case in the end. This case is everybody’s freedom to move in this country when we choose and how we choose and our connection to this earth and our humanity.

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