The Mules Encounter with Sonoma Animal Control Officer

Lady with ACO Shirley Zindler

Last Saturday afternoon after delivering the Declaration of Emergency to Sebastopol City Hall and stopping at the Sebastopol Library to recharge phone and tablet, we were walking on the side of Gravenstein Highway South (116) heading towards Cotati when a Sonoma County Animal Control Officer stopped to talk to us.

Usually, anytime we are stopped by a police officer or an animal control officer (ACO), it is because a concerned citizen called police or animal dispatch to report the unusual sight of a man walking with three horses that look skinny, tired, and/or abused.  The ACO usually approaches and asks the usual questions.  We explain that Lady, 36, has walked with us for 31 years, and Little Girl, 26, has walked with us for 23 years, while Who-dee-doo, 11, has only been with us for four months. ACOs usually provide feedback that the kids are in excellent, lean and muscular condition than many of the horses that they see left alone in paddocks all their lives. After confirming that the mules are fine, ACOs wish us well and move on.

However, this past Saturday afternoon, the encounter we had with Sonoma County Animal Control Officer Shirley Zindler was different. She stopped to talk to us after receiving a report that there was a man walking three horses on the side of 116-S.  She asked where we were going and we weren’t quite sure yet. She said that she lived a half mile down the road and had a fenced pasture and invited us to stay the night on her property. We accepted her kind offer and ended up staying two restful nights in her pasture. On Sunday, her friend Lisa brought a bale of alfalfa for the kids.

During the course of the weekend, we learned that Shirley started as an animal technician in 2001 for Sonoma County Animal Care and Control and decided to become an ACO when the other ACOs would return to the shelter with adventurous stories from the field. For the past 10 years, she has held the position as an ACO. On her personal time, she fosters dogs, cats, and wildlife at her Dogwood Animal Rescue Project

Thank you Shirley for your hospitality to The Mules.

ACO Officer Shirley Zindler with Lady, Little Girl and Who Dee Doo
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Santa Monica Mountains National Recreation Area citation and arrest

On May 9, 2014 about 6pm, we were looking for a place to stop as we had been walking all day. We came across this open area. We went into it. There weren’t any locked gates or signs forbidding us to go into it, so we did. I removed the gear from the mules, turned one loose and put one on a picket line attached to a tree.

I fixed my dinner and switched the mules, brought one in, put one out and went to sleep for the night. We were awoken about 10pm with flashlights shining on us. National Park rangers announced who they were and wanted to know what we were doing there.

We told them that we were walking all day, stopped for the night and would be leaving in the morning. They checked with their supervisors who responded no deal. You have to leave.

We said that it’s 10:00 at night, we aren’t interested in packing up and walking in the dark. We are on national park land. This is public property and belongs to the people of the United States. We believe that we have the right to stay here for the night to rest and will be gone in the morning.

The supervisors back at the station said that we had to leave or be taken to jail. So I was taken to the Alhambra City Jail and the mules were taken to the Ventura animal shelter. I entered the jail around 12:00 at night. I was put in a large cell by myself. I went to sleep. I woke up around 6am and started walking back and forth in my cell for 6-7 hours at which time lunch came in and I ate it. Then I went to sleep again.

I was asleep for about an hour when a jailer came in and said get your stuff, you’re leaving. So I got my stuff and walked out to the corridor and the park rangers were waiting. They took me back to the animal shelter where my belongings and the mules were waiting.

I packed the mules up and we left there sometime after dark and we were on our way.

So, in summary, we were arrested by National Park Police by Thousand Oaks for merely stopping to rest for the night on public land that belongs to the people of the United States in an area that wasn’t manicured. It was an open field that we could do no harm.

Location where we had stopped to rest for the night in Thousand Oaks in Ventura County. Google Earth link: http://maps.google.com/maps?f=q&hl=en&geocode=&q=34.15584,-118.96217&ll=34.15584,-118.96217&ie=UTF8&z=12&om=1

We were issued three citations:

United States District Court – Notice to Appear

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Hwy 101/Gilroy arrest

The Mules were arrested on southbound Highway 101 near Gilroy. The Mules were told that we were unsafe, get off or be arrested and we were arrested.

Safety is being used as a smoke screen to disguise the real reason we were arrested. The real reason is to make these public right of ways for the exclusive use of the automobile, the suburban model of getting around. All other venues of usage are to be gotten rid of. The declaration of safety is the mechanism by which the Megatropolis and this enforcement agency, the CHP, has decided to go forth with to get the job done.

We are as safe as anybody could be under those circumstances. It’s not our fault that the state of California is allowing these automobiles to move at these horrendous speeds. These speeds are killing people, maiming people, it goes on all day every day. The insurance rates are outrageous and very well understand the chances are that when you get into these automobiles with your children, your families, you’re going to turn into a bucket of blood. It happens every day, all day. These automobiles are not safe.

We move at 2-3 miles per hour. We’re not going to hurt anybody. We never have. We don’t deal out death and destruction as we go along. The automobile does. We are not going to give up our right to move freely in this country.

These public thoroughfares are all that is left. There is no other mechanism to express your right to freedom to move that body of yours from one place to the next when you choose how you choose. When that’s gone, that’s the bone of freedom you don’t have any freedom.

We are not going to give it up. Our way of life depends on moving, living with our surroundings, the trees, the grass, the brush, the insects, the animals, with a meaningful relationship, reacting to these forces all day long with our feet on the ground surrounded by that energy. We have to have the right to do that using the public thoroughfare.

We’re not going to give up that right. When the Megatropolis tries to disguise its real purpose using safety as the mechanism, it’s real purpose is to remove all other venues other than the automobile from the public right of way. It’s to get rid of us, there is no question about it.

That’s the end result as we have reported of our arrest in Gilroy. The end result is jail. They put us in jail and then they tried to commit us to a mental institution, a mental hospital for involuntary treatment, force feed us drugs, destroy our minds, destroy our ability to get back out and walk all day every day. That was attempted. Make no mistake about it, we know what was attempted. We are going to harp on this subject, talk about it. We’re not going to let it go.

Citation issued by CHP for “disobeying the lawful order of a peace officer”
Mule ppearing in court with public defender
The Mules after release from Santa Clara County Superior Court in Morgan Hill
Judge Jerome Nadler who dismissed the case based on arrest being invalid. Citation was for “disobeying the lawful order of a peace officer” when Mule refused to leave the highway. The judge determined that the Mules had a legal right to be on the highway and therefore could not be ordered to leave.
CHP Officers Report – page 1
CHP Officer’s Report – page 2
Disclosure Authorization for Patients Rights Advocacy
Disclosure Authorization for Patient Rights Advocacy – p.2
Court Document of Release 9/12/2013
Certification Review Hearing Findings regarding Section 5250 14-day involuntary treatment a person described as “gravely disabled.” It was determined that “Mr. Sears has not been prescribed any medications nor has he displayed any signs of a mental illness.”
First Notice of Certification from the jail’s psychiatric ward for involuntary 3-day treatment (Section 5150)
Final Court Dismissal
Animal Shelter charges for impounded mule
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