The Mules walked into Porterville to stock up on groceries. While we were there, we stopped at the California Department of Motor Vehicles (DMV) to get the 2024 California Drivers Handbook. 2024 was not available. We picked up the 2023 California Drivers Handbook. As we were thumbing through the 2023 Drivers Handbook, we noticed that there was very little attention given to an equestrian , a person riding a horse.
While there is excellent reference and mention to pedestrians, and their right to walk on California roads and highways, as well as cyclists to do the same, the equestrian, the person riding a horse was given a brief few words that were totally and completely inadequate to informing the public, that a person riding a horse has the same legal right to be on and using California roads and highways as the high-speed motorist (HSM). If you go to CA vehicle code 21759, the equestrian, a person riding a horse, as well as a person driving a horse, and a person walking a horse you will see is explicitly lined in and covered in the vehicle code.
The purpose of the California Driver’s Handbook is to educate the California driving public and all other legal users (pedestrians equestrians cyclists) as to their responsibilities and rights when driving and traveling on California’s highways and roads. Yet the mention, acknowledgement in the California Drivers Handbook of the equestrian is almost non-existent.
So what’s going on here? Is this some kind of willy nilly accident by those who wrote this California Driver’s Handbook for 2024? No. It’s no willy nilly accident of forgetfulness by those who wrote the handbook. It was done for a reason. And what’s going on is they are conditioning the public mind to view a person riding a horse, an equestrian, as somehow to be illegal on California’s roads. And then a call is made to CHP. CHP knows the scheme. They will come out and order the equestrian such as the Mules to stay off the road if you don’t comply with this illegal order they will illegally arrest the equestrian and impound your horse. Which has been done to the Mules multiple times. It’s an incremental first step towards eliminating the equestrian, person riding a horse totally from the California roads and highways. The next step is to start reducing equestrian rights under the vehicle code.
While horse owners may not want to do it themselves, walk, ride their horse on California’s dangerous roads. (Due mainly to the excessive speed California drivers are allowed to drive on California roads and highways.) Instead choose to use their horse in a recreational mode, attending various events by the use of an automobile. The act of doing, getting out on the road with your horse and riding it on that road to get to necessary places you need to go, must be preserved. It must be protected. That is where the line in the sand must be drawn against the incremental elimination of this sacred relationship between human being and horse. It’s sacred, it’s been on this earth for literally ions. And this is a real concerted attack on that relationship.
This attack on the equestrian, a person riding a horse, and the right to do so on California’s public roads, will not end there. It will not end with eliminating the equestrian right to ride California’s roads. It will morph. It will travel into your right to have access to facilities to drive your pick-up truck and horse trailer to compete and enjoy your horse. It will morph. It will travel on to every venue it can find. Because its sole purpose in the end is to destroy this sacred relationship between human being and horse which has been on this earth for eons.
Once again, I repeat myself. There is no better place to draw the line in the sand then where the Three Mules Journey resides or anybody else with similar intent, a place where no weapons are used or carried a place for those who choose to serve it by walking with respect and reverence for the ground on which they travel upon showing that basic right to walk your horse, ride your horse, drive your horse, on California’s highways and roads in any one of all four directions how you choose when you choose. It is the responsibility of the Mules as well as all others who love this ages old sacred relationship to not stand by and watch it be diminished and destroyed. It is the energy of perseverance and creativity that the Mules choose to use to protect and preserve this most sacred place in which the Mules reside.
Tag: 3Mules
UPDATE: 3 Mules vs State of California/CHP
The case of 3 Mules versus State of California / CHP has taken a necessary turn in the road. As the Mules engaged in a long lengthy process moving our lawsuit through the court system, it became obvious to us that it was unlikely we would win this case due to qualified immunity. And the defendants’ attorney general (AG) would request a summary judgement which would stop the case cold. Never to make it to trial.
Winning a settlement was not the primary reason for filing the lawsuit. The primary reason for our lawsuit was to bring public awareness and discussion to the absolute constitutional right for all American citizens using a strong well maintained public thoroughfare to move freely in America how they choose, when they choose. Consequently, the Mules have decided to drop this lawsuit. The spiritual energy of this case has become so strong it can no longer be contained within the courtroom walls. Where lawyers will argue over technicalities, details and procedures attempting to bury it. Out of sight out of mind.
The above being said and understood this case and its accumulated energy is not over by any means. 3 Mules vs. State of California has left the confines of the courtroom and moved its purpose and energy to the field (outside) where the action is. Where the High Speed Motorist (HSM) is actively on a daily basis killing and maiming fellow motorists and all the other legal users (cyclists, equestrians, and pedestrians) with total disregard for the law and simple basic common sense and courtesy to SHARE THE ROAD.
Note: The Mules will be serving as a platform moving, living, carrying no weapons along the public thoroughfare providing all California citizens the opportunity to see and discuss their constitutional right to move freely in this state and country and make their own unique contribution towards that end.
For right now it’s popular to stay inside and be safe. There will come a time the abstract misery felt for being that way will become so strong and people will do anything to get away from it. It is the responsibility for those who know this to keep the light of freedom shining outside so when those who stay inside have had enough of the inside, the light of freedom will be shining and not the darkness staring them in the face telling them to go back inside and be safe.
The Mules want to acknowledge and thank Attorney Todd T. Cardiff for his pro bono service in getting this case and all the issues connected to it up front and out on the public thoroughfare. It will now be the job of the Mules to keep it there all day every day, one step at a time.
The Mules
Statement from Attorney Todd T. Cardiff:
On July 28, 2022, the court entered a stipulation to voluntarily dismiss Sears v. CHP. Such dismissal stipulated that each party bear its own attorney’s fees and costs. Mr. Cardiff, John Sear’s attorney, explained why the case was dismissed at this point.
While it was no doubt that Plaintiff was arrested under the wrong statute (Veh. Code § 21954) pedestrian outside of crosswalk, the doctrine of qualified immunity requires particularized facts to establish liability for law enforcement officers. The doctrine of qualified immunity, which is a solely judge made doctrine, was originally intended to protect officers who made a mistake when making split second decisions. It has now been twisted to grant immunity to all officers, unless what they have done is so egregious that no reasonable police officer could believe that they were acting within the bounds of the law or constitutional rights. As recently held by the Supreme Court, the violation must be “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” (Rivas-Villegas v. Cortesluna (2021) ___U.S.___ [142 S.Ct. 4, 7, 211 L.Ed.2d 164, 168].) In other words, immunity protects “‘all but the plainly incompetent or those who knowingly violate the law.’” (White v. Pauly (2017) 580 U.S. 73, 79 [137 S.Ct. 548, 551, 196 L.Ed.2d 463, 468].)
While it is arguable that Mr. Sears was in complete compliance with the law, there was not any case law holding that leading mules by reigns was “driving” under California Vehicle Code section 21050. In addition, it was not clear what “duties” would be applicable to a someone driving a mule. Significant research into the legislative history of Vehicle Section 21050 did not resolve the issue. The vagueness of the law, by default, would have rendered finding liability against Officer Agredano almost an impossibility. Further, while we believe that the officer was giving an unlawful order to simply “stay off the road” (which was impossible), again, research failed to uncover case law with particularized facts supporting Mr. Sear’s rights. Finally, it was determined that an adverse decision could seriously impact Mr. Sear’s right to travel with his mules.
Although the judicial portion of this case is over, the issue is not resolved. Law enforcement must enforce the law without bias. If ranchers can utilize all lanes of traffic to herd or “drive” livestock, then such right must be afforded those who wish to only use a portion of the lane to safely travel on the picturesque backroads of California. (See Cal. Food and Ag. Code §§ 16902, 16903.) Cal. Veh. Code section 21759 places the duty on the motor vehicle driver to “reduce speed or stop…to insure the safety of any person driving or riding the animal or in charge of the livestock.” Mr. Sears will be seeking to introduce legislation that clarifies that those who wish to use alternative forms of travel, including riding, driving or leading horses or other livestock have a right to use traffic lanes in a way that protects both the animals and the drivers. “Share the road” must become the law, not a just a pithy, but unenforceable slogan.
3 Mules Legal Fund Status
The Mules raised $2500 using the GoFundMe platform to usher our lawsuit into federal court.
Itemized record of all expenses incurred by Attorney Todd T. Cardiff while working on the lawsuit:
| Date | Description | Total |
| 2/5/2021 | Postage for Mail Service of Complaint | $6.60 |
| 3/19/2021 | Delivery services of summons on Agredano | $95.00 |
| 3/28/2021 | Delivery services of summons on CHP | $35.00 |
| 4/1/2021 | Postage for Meet and Confer letter | $0.55 |
| 4/1/2021 | Letterhead (3 ); Envelope (1) | $5.00 |
| 4/15/2021 | Federal Court Fees for Attorney Admission | $331.00 |
| 8/30/2021 | Mileage to attend hearing in court and return | $105.05 |
| 11/22/2021 | Legislative Intent Service | $990.00 |
| TOTAL EXPENSES 3 MULES vs State of CA | $1568.20 | |
| 3/5/2021 | Attorney Trust Fund – Beginning Balance | $2505.30 |
| 5/10/2021 | Payment of costs | -$473.15 |
| 11/22/2021 | Payment of Leg. Intent | -$990.00 |
| 11/22/2021 | Mileage costs | -$105.05 |
| Balance refunded to 3 Mules | $937.10 |














