Share the Road

Hwy 150 – Public Thoroughfare

A few days ago, a California Highway Patrol (CHP) officer stopped across the highway (Hwy 150) from the Mules and told us that CHP was getting a number of calls about us being in the middle of the road. We said when there is no other place to go but on the road, we are going to use the road. He said you can’t be on the road. We said Highway 150 is a public thoroughfare that all venues have the right to use it be they bicycles, pedestrians, equestrians or somebody in a wheelchair. He said if he gets any more calls about the Mules being on the road and he has to come back, there will be issues. We said that we have the same right to the public thoroughfare as any high speed motorist.

It seems the high-speed motorist and the CHP have made an unholy alliance. First the CHP collects a number of calls from the high-speed motorist claiming there is somebody with horses on the road, then comes out using those calls as a justification to remove the Mules from the public thoroughfare.

2015 California Department of Motor Vehicle handbook page 62 and California Vehicle Code 21759 Caution in Passing Animals clearly states “riders of horses or other animals are entitled to share the road with motor vehicles. It is a traffic offense to scare horses or stampede livestock. Slow down or stop, if necessary, or when requested to do so by the riders or herders.” The vehicle handbook does not say to call and scream to the CHP that there are horses in the road, come and get rid of them, they slowed me up.

Lady and Little Girl at one of many roadside memorials that we encounter while walking

The high speed motorist is clearly breaking the law. The crosses (memorials) we see along the highways are not there because of The Mules. The crosses are there because of speed by the high-speed motorist. For the CHP and its ally, the high-speed motorist, to try and shift the responsibility of its deadly excessive speed over to the Mules moving at three miles per hour doesn’t work. It can’t pass the test of basic common sense.

These pictures attest to the fact that there is often no choice but to be on the road, which in this kind of circumstance, the high-speed motorist must slow down, obey the California Vehicle Code 21759, share the road, and not call the CHP to demand removal of the Mules from the road.

You see the “Share the Road” bicycle sign occasionally. A feeble acknowledgement by the state of California’s Department of Transportation and California Highway Patrol, that yes, the Public Thoroughfare is not for the exclusive use of the High Speed Motorist (HSM). It must be shared by all venues. We saw the sign once on Hwy 150, and not at all on Hwy 33.

The sign on the left should look more like the sign that I drew, placed at the entrance to any and all dangerous blind curves and constricted passage ways! Keeping the HSM aware that it must reduce his/her speed and be ready to slow down or stop in these most dangerous areas. “You must share road with Bicycles, Pedestrians, Equestrians, Raccoons, Skunks, Deer and all others. Be read to stop or slow down.”

The HSM screaming to the CHP will not save anybody’s life. A concerted effort by the Department of Transportation to properly sign many of these and most dangerous roads traveled by the HSM will save many lives.

Getting rid of the Mules will not stop the carnage of the HSM. The crosses on the sides of the roads were there before the Mules and will continue to appear until the HSM is reigned in and made to obey the law.

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Why I Am Helping John Sears Appeal His Case Pro Bono

By Dan Kapelovitz

I was walking by the United States District Court in downtown Los Angeles, when I saw two mules standing on the courthouse steps.

I had to investigate what this was all about.

It turned out that the federal government was prosecuting a man for disobeying a “lawful order of a government employee” and for “camping outside designated areas” of a National Park.  In other words, John Sears and these two mules had been walking all day and needed rest.  Mr. Sears found a resting place with no one else around and fell asleep.  He had no notice that doing so was against the law, or that he was even in a federal park.  When the park rangers woke him and ordered him to leave, he refused because traveling through the darkness would have been unsafe.

I further learned that, at that very moment, this man was defending himself at trial against these federal charges.  I desperately wanted to watch this trial, but I needed to be at a hearing in another courtroom across town.

Instead, I gave my business card to one of the kind people watching the mules, and explained that I would be happy to provide free legal services to Mr. Sears if he ever needed my assistance.

I had just recently had my own dealings with the “Environmental Crimes Unit.”  I defended a man accused of the federal offense of walking a dog without a leash in a National Park.  In that case, I was fighting against the same Assistant U.S. Attorney who was prosecuting Mr. Sears and against the same park rangers who had arrested him.  So I had a pretty good idea what Mr. Sears was up against.

In the dog-leash case, my client was convicted and given a suspended sentence of two days in jail, a case I am currently appealing based on various violations of my client’s constitutional rights.  I had a feeling that the government was similarly violating Mr. Sears’s fundamental rights

I figured that I would never hear from Mr. Sears, but a couple of months later, I received a call informing me that he had just been arrested again, this time by Ventura County law enforcement.  I agreed to help, but, as it turned out, Mr. Sears didn’t need any help because the case was almost immediately dismissed.

Soon after, Mr. Sears himself called me.  After we spoke about his federal case, I told him that if he wished to appeal his convictions, I would be happy to represent him pro bono.

Instead of treating the Mules as criminals, the federal government should be hailing them as modern day examples of how to use and relate to our national parks.  I found the Mules and the way they must live on this earth to be the embodiment of the American Spirit moving freely with the natural flowing energy of this earth. All he wants is to be free – free to roam the great, yet ever-shrinking, American outdoors.  In its response to our appellant brief, the government wrote, “Allowing individuals to camp wherever they wish would create a free-for-all on public land” as if this were a bad thing.  But freedom for all is what we are fighting for, and freedom is what Mr. Sears’s journey represents.

Daniel I. Kapelovitz
7119 W. Sunset Boulevard #999
West Hollywood, CA 90046
mobile: (323) 839-6227
e-mail: Dan@LegalServicesDivision.com

Little Girl and Lady in front of United States District Courthouse in Pasadena [Photo by Danny Roth]

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New mule added to the pack

For over a year, we’ve only been two mules (Lady and Little Girl) and the monk. Originally, Pepper, the third mule, traveled with us for 14 years, and did a very good job. Her tendon in one of her legs broke down and she was not able to do the job anymore. She had to be retired and currently lives as a pet on a property in Malibu with other horses and donkeys that she has for company. When Pepper retired, we were given another mule named Fred, who was injured and had to be put down. Thus for over a year, there has only been the three of us.

Who-dee-doo

This past weekend, we got a third mule in a magical, mystical sort of way after we were invited to spend a few days at the horse arena in Norco. While grazing up in the hills above the arena, it started to rain. Then all of a sudden, some ladies appeared coming up from down below asking a few questions and we gave them a few answers. Then they said, “Do you want a mule?” We said sure, even though we really didn’t. Moving and living in the Megatropolis with two mules is enough. Denise had originally bought the mule to be a riding mule, but found that he was a follower and didn’t like to lead. As well, the mule doesn’t have a left eye and only sees on his right side.

We considered the complexity in adding a third mule to the pack (need to find a place to stay, food, water, more horseshoes, and the new inter mule dynamics to name a few things). As well, we considered the dangers of the Megatropolis of having a mule blind on one side by not being able to see cars, light poles, and other obstacles. At 11 years old, the mule is strong, healthy and full grown. We thought that we’d give him a try and see what happens. We renamed the mule Who-dee-doo (original name was 9-to-5).

We take Who-dee-doo back to the corrals and start having second thoughts. Why are we taking a mule that has only one eye? It is hard enough to move through the Megatropolis with mules that have both eyes! Well, we got him now, so we better find out what he can do even though the negative voice within says no way will never be able to do the job.

Little Girl with Julie

While in Norco, Julie introduced herself to us and wanted to learn more about 3 Mules. During our stay, she got gasoline for our stove. As Who-dee-doo was being prepared for our next journey, Julie asked where we were going. We responded that we had to go to Thousand Oaks to get a saddle. Julie said that she had a saddle for us and brought it back with cinches, saddle blankets, straps, and a brand new proofer. Another gentleman approached us on his horse and joined the conversation. Asked if I needed anything. More horseshoes. He brought back horseshoes with nails. Unfortunately, I didn’t get his name or picture.

Tuesday morning, we left Norco on a bright sunny day filled with lots of energy acquired from the hospitality, kindness, and generosity of so many people, which we are very thankful. We met many people and we can’t remember everybody’s name to give them proper credit. We proceeded into the belly of the Megatropolis.

The Mules deliver the Declaration of Emergency to Riverside City Hall

We walked along the river before arriving in Riverside where Who-dee-doo clipped a telephone pole and scraped a fence. Since those two occurrences, Who-dee-doo has been moving around getting around as well as you could expect from any two-eyed mule. So how is this possible? We didn’t know. The Monk was setting up and Little Girl was grazing a vacant lot taking a break when all of a sudden Pepper and Fred, the two mules that are no longer with us, appeared in our minds’ eye together.

So there’s the answer as to why Who-dee-doo is moving around and getting around so well. Pepper and Fred have come from the energy to be Who-dee-doo’s blind side. So when you see this place of one human being and three mules (3mules.com) walking through your neighborhood, Who-dee-doo the one-eyed mule has brought a whole new dimension to 3mules.com.

The Mules

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Going to Court

Mules getting some rest enjoying themselves in the background the United States Court House where they will go to on the morning of November 6, 2014 to answer the charge levied upon them by the National Park Service of illegal camping (stopping to sleep for the night).

Do we have a lawyer, a well prepared case? No.

What we have is the energy of this place of one human being and his or her animal companions wandering this beautiful plant through history going back thousands of years. The Mules will bring this energy to and into the courthouse. This energy and our connection to it is truly our defense. It is our wealth. It is the reason we live one step at a time, all day, every day.

The Mules

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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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