Yesterday morning we had some oatmeal for breakfast then left Cabazon where we spent the night, walked awhile, then met a dinosaur running loose on the bashed and unashamed, defying the control state like us. We enjoyed each other’s company, trading stories and experiences.
After leaving the dinosaurs, we came across this person we thought they should take a lesson from us in efficiency and practicality. All you need is a sleeping bag, some water, extra pair of shoes, a little food. How in the world anybody wants to haul around all this stuff is beyond us. We said farewell and wished them luck. Whoever they were they got a lot to learn.
As we walked along the railroad tracks and through the desert we found freshwater coming from Big Bear. We then stopped under a bridge and caught some shade and rest. There is plenty of good grass out in this desert for Little Girl to eat.
Towards the end of our day, we met Tarra. She was on her way back home and stopped to visit us. We had a nice conversation and enjoyed each other’s company.
We then walked a couple of miles to the outskirts of Palm Springs and settled for the night. 17-miles walked from Cabazon to Palm Springs.
Shade under a bridgeCabazon DinosaurFreshwater in the desertTarra and Little GirlWhere we spent the night in CabazonPacking efficiently vs. non-efficientlyGrass in the desertGrass in the desertWhere we spent the night in the outskirts of Palm Springs
The Mules spent Wednesday night on the outskirts of Temecula on the top of the pass. On Thursday morning (April 12th), we got up ate oatmeal, packed Little Girl, headed in to Temecula, crossed the river and secured Little Girl in the parking lot outside Starbucks. An animal control officer arrived, came into Starbucks and told me they received a call about Little Girl, but it was okay and then left. Shortly thereafter, I also left Starbucks and headed for WinCo Foods (5 miles away) to buy groceries.
We were across the street from WinCo at the stop light when two Temecula police officers stopped, got out of their car. The female officer started to question me…. “Where are you going? Where are you from?” I told her that I did not have to answer her questions and I wasn’t going to. Then she started messing with Little Girl by trying to touch Little Girl’s head and face. Little Girl didn’t like the officer reaching for her face and was annoyed by the officer’s actions. I asked the officer to stop. The officer didn’t want to stop and continued to irritate Little Girl. I told the officer if she didn’t stop, the Mules would arrest her and take her to jail.
Then the other officer started asking me similar questions…”Where are you going? What are you doing?” I told him that we are waiting for the signal light to change so that we can go to WinCo, and that’s what we did when the light changed.
We got to the WinCo parking lot, secured Little Girl to a tree, went into WinCo, bought groceries, came back out, unpacked Little Girl. We stayed there 45 minutes to eat our lunch and take a short break from walking. As we were packing up, another Temecula police officer drove up and started asking the same questions as the prior two Temecula officers…”Where are you going? Where are you from? What are you doing walking around Temecula?”
I responded, “I am not going to talk to you.” I said that the Mules have the right to walk around Temecula and have the same right as he does or anyone else. He said he was not so sure we could walk around Temecula with a horse. I responded I was sure that the Mules could without question. I requested him to go away and leave us alone. The officer wouldn’t leave. We told him if he didn’t leave us alone, the Mules would arrest him and take him to jail.
I continued to pack up Little Girl when two Riverside County sheriff officers showed up. Once again, they started asking me the same questions. I gave them the same answers. The previous officer went over to talk to them and then they all left. Shortly after, we left as well.
In this country, the United States of America, the Mules have the same right to walk around town peacefully going about our business whether to the supermarket to buy food, the hardware store to buy supplies, the doctor or dentist for medical care, the post office to send and receive mail, the gas station to buy gas, or a shady tree to eat our lunch and listen to the birds sing. There is no reason for police to constantly ask us where we’re going, where we are from, what we are doing.
I asked the officers why they were here. They said that they got a call. We asked who called and they responded that they didn’t know. The police are letting trolls dictate their policy and/or using the guise of “a call” to stop and question us. Anonymous people are calling and stating things that aren’t true and making unsubstantiated claims about the Mules as these trolls also do on the internet. The police are letting these trolls operate their department.
All human beings and animals on earth require four bare and basic necessities to survive and sustain life…Air, Water, Food, Rest. Restricting access to these basic necessities of life to only those who travel by automobile is illegal and unconstitutional. A person traveling by foot with his/her animal companion must also have access to food, water, and rest. A state, county or town denying a pedestrian/equestrian access to these basic necessities is illegal, unconstitutional and inhumane.
The Public Thoroughfare is not a place for the exclusive use of the high speed automobile. The Public Thoroughfare is a place for all and many varied uses. People trading goods, ideas, talking freely to each other outside in the open air, making friends, stopping to rest/sleep, using their freedom to go where they want, when they want, how they want, trading stories with fellow travelers. The Public Thoroughfare was never intended to be a place exclusively for a high speed deadly machine. Less than 100 years ago before paved roads became prevalent throughout the United States, most Americans traveled by foot, mule, and horse.
The Mules live this nomadic way of life because it is in our bones. This way of life goes back thousands of years. It’s where we want to be. Being anywhere else makes no sense to us. So we stay with the mules and way of life that we have been living for over 31 years. As you walk in this place with these mules, you spread the awareness that this beautiful earth, like no other, can only be protected by the way we live one day at a time.
On April 8, the Mules emailed the I-5 CALL-DUN-DRUM to CHP Captain Pembleton and his response via email stated: “I received your email from April 8, 2018. Your concerns on this matter have been thoroughly vetted and adequately addressed. As such, we consider this matter closed.”
The Captain would not address the issues in the CALL-DUN-DRUM letter as his response clearly shows. He would not go on record by sending the Mules an emailed response for the public to view where his argument justifying denial of a motorized escort could be scrutinized and withstand public review.
The Mules walked to Oceanside CHP office and asked to speak to Captain Pembleton. He came out of his office and requested we go outside, so we did. We spoke at length with the Captain regarding the issues of the CALL-DUN-DRUM letter. The Captain repeatedly used the word “safety” to justify his non-response to our request for a motorized escort. Motorized escorts by their nature is to promote safety. When you turn on the blue and red flashing lights to slow traffic to 25 miles per hour, you are now in the Twilight Zone, safety beyond all perception has been achieved.
We asked Captain Pembleton to provide us the detailed route turn-by-turn directions that he referred to in his March 30th email. He said to go around the base by going east and north around it on county roads. We asked what are the street names? He would not provide them and said to look up the directions yourself on your phone using Google maps. He would not commit or take responsibility in providing directions to a safer route because there is none. We do not find this an acceptable response as he is telling us to go far out of our way (go to Mars, turn left and proceed to Jack in the Box, when Jack in the Box is only around the block) on an extremely unsafe single lane route with blind curves, little or no shoulder and traffic moving at high speeds to get from Oceanside to San Clemente.
The Mules acting as the ambassadors of the 3 Mules Nation (all those who cherish the right to move freely in this country how they choose, when they choose, whether by horse, bicycle, or foot) have done their job, served their purpose. The Mules have brought energy and attention to this CALL-DUN-DRUM. For the Mules know that the CALL-DUN-DRUM that has taken root on I-5 is a portent (a sign and warning) of things to come – large areas of land being shut off and down to all but a privileged few.
We now pass the baton of this CALL-DUN-DRUM on to those who will give their energy, time, skills, and creativity to its resolution to ensure that the freedom guaranteed by the law of the land, the United States Constitution, to move freely within its borders be available to all and the generations to come.
On February 23, 2018, the Mules were arrested walking on I-5 north between Oceanside and San Clemente. Why were we walking on the side of I-5? Because no alternative route exists to connect a seven-mile stretch between Oceanside and the Pacific Coast Highway trail ending at Las Pulgas Road near Camp Pendleton marine base gate. When no alternative route is available, the law allows access to the interstate by those pedestrians, bicyclists, equestrians, wheelchairs, etc. who are otherwise denied.
Following is our documented attempts to work with CHP and Caltrans as we have read in California Vehicle Code 21949 that it is the policy off the State of California that safe and convenient pedestrian travel and access be provided to the residents of the state and that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways.
Monday, March 5, 2018 After our arrest and subsequent release, we emailed California Highway Patrol (CHP) commissioners, the Department of Transportation (Caltrans) directors and Governor Brown to request a motorized escort if that is what was needed for us to travel this section.
Tuesday, March 6, 2018 CHP Captain Pembleton responded on behalf of CHP Commissioner Stanley. His email stated:
Dear Mr. Sears,
We received your email regarding an incident you had on Interstate 5 near the Camp Pendleton Marine Corps Base on February 23, 2018. We are responding to you on behalf of California Highway Patrol Commissioner Stanley. Interstate 5 northbound and southbound, between Harbor Drive and Las Pulgas Road is not open to pedestrians and would be in violation of California Vehicle Code section 21960 (a). We contacted the Provost Marshal’s office on Camp Pendleton and they informed us of new security measures now in effect. The Provost Marshal no longer allows individuals access onto the base without proper clearance. In addition, we contacted Caltrans, District 11, regarding this issue. To assist you with your request, you may contact Caltrans at (619) 688-6843, and apply for a special permit to travel from Harbor Drive to Las Pulgas Road on Interstate 5. There are also alternate routes further east through county roadways which will give you access around the Camp Pendleton Base. Mr. Sears our main concern is for the safety of the motoring public and yourself while traveling through California.
Should you have any additional questions, please feel free to contact me at the CHP Oceanside Area (760) 643-3400.
Brent Pembleton, Captain Oceanside Area 435 La Tortuga Drive Vista, CA 92081 (760) 643-3400 Fax (760) 639-3770
Captain Pembleton’s recommendation that the Mules go around and through the mountains on dangerous narrow county roads having many blind curves that would be like going to Mars to get to Jack-in-the-Box. This is hardly a safer alternative. The shoulder on I-5 is by far wider and subsequently provides a much higher degree of safety than the roads on the route that was recommended by CHP.
CHP Captain Pembleton’s email also stated that if we walked this section of I-5 between Oceanside and Las Pulgas Road, we would be in violation of California Vehicle Code section 21960(a): 21960 (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic…
If this was the case, why were the Mules stopped and detained for being on I-5, but not the bicyclists who were riding on this same section? This is a photo that we took of a cyclist riding on I-5.
As well, Captain Pembleton referred us to Department of Transportation Caltrans to obtain an encroachment permit. We tried calling several times the Caltrans number listed on Captain Pembleton’s email but the number didn’t work. So, we called Caltrans general information line and was provided additional names that we called….District 12 Lindsey Hart and District Caridad Sanchez. Hart listened with great interest and said she would research and get back to us, but we never heard back.
Wednesday, March 7, 2018 We emailed 11th District Caltrans Director Cory Binns a second time forwarding him the CHP response and asked him what is the process to apply for a special permit to travel from Harbor Drive to Las Pulgas Road on I-5. Binns immediately responded and forwarded our email to Caltrans Permits Engineer Joy Lee and her supervisor Marco Peinado and said that they will be in touch, but we never heard from them. Instead Joy Lee forwarded our email to Anh Hoang.
Anh Hoang from Caltrans Encroachment Permits for District 11 emailed back.
Dear Mr. Sears,
My name is Anh Hoang and I’m with Caltrans Encroachment Permits.
What kind of permit do you need? I can assist with the permit process. Please let me know if you have any questions.
We immediately responded back to Anh Hoang and Joy Lee via email: “As stated in the email by CHP Captain Pembleton, I need a permit to walk north on I-5 with my mule from Harbor Drive to Las Pulgas Road on Interstate 5. We would need to walk against traffic as my mule and I need to be able to see traffic coming our way. If we are required to walk with the flow of traffic, we would need a motorized escort behind us for our safety.”
Thursday, March 8, 2018 We had not yet received a response from Hoang or Lee, so we called Hoang’s phone number in her email. We asked us what was it that we needed to do. We repeated our situation on the phone with her. She said that she would look into it and give us a call back.
Monday, March 12, 2018 We sent email to Hoang, Lee and Binns, “Anh, this is John Sears. I spoke to you on Thursday in regards to obtaining a permit to walk on the side of I-5 from Oceanside Harbor Drive to Las Pulgas Road where the coastal trail starts again, because there is no alternative pedestrian route for that 7-mile stretch. You said that you were going to follow-up with your manager. Awaiting your reply.” We did not received any response to this email.
Wednesday, March 14, 2018 This morning we spoke to Hoang who told us to speak to her supervisor Joy Lee, which is who District 11 Director Cory Binns originally delegated to work with us, but passed us on to her subordinate. Hoang said that the encroachment permit doesn’t apply to our scenario.
The Mules sent another email to CHP Captain Pembleton requesting a yes or no answer to whether or not CHP has the administrative authority to give us the Mules an escort for the 7-mile stretch on I-5 where there is no alternative route.
Thursday, March 15, 2018 We have not received a written response from CHP. We sent another email to Joy Lee and Cory Binns asking a yes/no question if they have the authority to give the Mules an escort to walk the 7-mile stretch from Oceanside to Las Pulgas Road.
Cory Binns immediately responded that he will look into our request and follow-up next week. Note that our original email to him was on March 5, 10 days ago and we have been getting the run around.
In the late afternoon, I left a voicemail message to Seth Cutter, Caltrans District 11 Bicycle and Pedestrian Coordinator, who’s role as stated on the Caltrans website is “committed to advocating for the accommodation of all users of the State Highway System.
Friday, March 16, 2018 Completed and submitted Base Access Bike Route Request form online and another screen appeared confirming that our submission was successful.
Monday, March 19, 2018 Since the Base Access Bike Route Request form didn’t have a comments section to explain that we were not riding a bike, I made a phone call to Base Access Control number listed on the Bike Route Access Form. I explained to the woman who answered that I am trying to get access to travel north from Oceanside and that we filled out the bicycle access form on Friday, but that I don’t have a bicycle and that I am walking with my mule. She put me on hold for four minutes and said I am not allowed to walk thru the base with an animal and said that gave me the name and phone number of Nick Moran, a point of contact that she said would be able to help me out better.
I called Nick Moran and explained that Base Access Control gave us his number and that I was trying to get access across Camp Pendleton with my mule because there is no alternate route to go south to San Clemente. Mr. Moran said he didn’t know why Base Access gave me his number because he is the physical security officer for the region and that he doesn’t have Camp Pendleton. He asked us to explain our situation further, so I did. We explained that we are nomadic and that the mule carries all my belongings and that we’ve traveled through the base a few times before. He said that there is a requirement by the Department of Defense that there needs to be a legitimate reason to travel through the base. He asked us what we were told by the main gate. We explained that we were told that we could not walk through the base with a horse. Mr. Moran said horses are allowed on the base, but just not on the main road due to safety. He said it is unsafe for people to walk in the base since they have big vehicles that traverse the base, and that people don’t walk inside Camp Pendleton. If that was the case, we asked then why were bicycles were allowed to get from gate to gate as they have the same exposure as a pedestrian. Mr. Moran said that he has no authority to grant us access and to contact our senator to get Department of Defense to change their policy.
This same morning, Caltrans Joy Lee called back with follow-up information providing the Caltrans contact information for Caridad Sanchez, Caltrans Public Information Officer in San Diego, for us to discuss next steps on how to go about changing the California Vehicle Code. Joy said Sanchez is expecting to hear from us and would be able to provide information on how to contact Caltrans headquarters in requesting changes to the California Vehicle code.
We also decided to email Seth Cutter, Caltrans District 11 Bicycle and Pedestrian Coordinator, as he had not returned our phone call yet. I received an immediate out of office response that he was out of the office thru Thursday.
Since Seth was out, I forwarded my email to Caridad Sanchez and stated that Joy Lee told us that she could assist us. Ms. Sanchez never responded back.
Friday, March 23, 2018 I called Seth Cutter. He said that he is well aware of our issue and had his staff researching how they could try to get us thru I-5 with Little Girl. He said that his team contacted the Base. They were also told that we would not be allowed to walk north through Camp Pendleton. He said he exhausted the things he could do and that Joy Lee’s boss, Marcelo Peinado, Caltrans District 11 deputy of traffic operations division, is the person that we needed to speak to. He said that I-5 is on an easement that Caltrans maintains thru the U.S. Marine Corps and is part of the Base. He said that the Caltrans District Engineer beneath Mr. Peinado determines what is allowed and not allowed for District 11.
Monday, March 26, 2018 Called Marcelo Peinado and left voicemail message.
Thursday, March 29, 2018 Spoke to Marcelo Peinado, Traffic Operations for District 11. He said that the reason that they don’t allow pedestrians is that they are concerned of the safety of the pedestrians and motorists and that he stands by this vehicle code. We asked why bicycles were allowed on this section of I-5 and he said that bicycles are not allowed. I said that bicycles were riding past us as I was arrested being put in the CHP car, and the CHP didn’t stop or arrests any of the bicyclists that passed us on I-5. We ask Mr. Peinado if he could provide an Caltrans or CHP escort to slow traffic for us if they were concerned about safety. He said that CHP can provide escort on the highway system and referred to call CHP or look on their website. We said that CHP bounces us back to Caltrans stating that Caltrans has the authority. Mr. Peinado said the way for pedestrian passage in this section of I-5 is to elevate this via the legal route. I asked Mr. Peinado to send us his stance in writing via email. He said we could call Caltrans Customer Service and they would respond within 24 hours. I said not going to call Customer Service as I was speaking to him and provided him my email address.
Sent the following email to Captain Pembleton as he didn’t answer our email that we sent previously.
“Captain Pembleton, we spoke to Marcello Peinado, District 11 Deputy of traffic operations division. He informed us that CHP provides escorts on I-5 to those who would require one for various reasons. Please respond with a yess or no. If yes, where can the public obtain in written form exactly who CHP can provide escorts to and who it cannot. 3Mules is requesting a CHP escort on I-5 where there is no alternative route available (from Oceanside to the Las Pulgas gate Camp Pendleton.”
Friday, March 30, 2018 A straight forward answer to a straight forward question is not what CHP is able to do. Received the following e-mail response from Captain Pembleton:
Mr. Sears,
I received your email from yesterday. Interstate 5 northbound and southbound, between Harbor Drive and Las Pulgas Road is not open to pedestrians and would be in violation of California Vehicle Code section 21960(a). There are alternative routes further east through county roadways which will give you access around the Camp Pendleton Base. Our main concern is for the safety of the motoring public and yourself while traveling through California.
Should you have any additional questions, please feel free to contact me at the CHP Oceanside Area (760) 643-3400.
Brent Pembleton, Captain Oceanside Area (760) 643-3400
The Mules have found themselves at what is showing itself to be a point of energy gathering, intensifying, and seeking expression in the unforeseen. The Mules have been given a word sound to identify this place of time and circumstance in which we find ourselves CALL-DUN-DRUM. A place, a condition of confusion, uncertainty, disorder, neglect that’s seeking to settle rest, acquire resolution for itself. By using the Mules as a gathering tool, this place has brought many players to its realm. Listed below are the many players who the Mules have contacted in regards to the I-5 call-dun-drum.
The Mules entered this I-5 call-dun-drum on the day we were arrested on February 23, 2018 and while in its grasp using us the Mules a common-sense practical solution has made itself known. A CHP escort for the 3 Mules and all equestrians seeking passage from Harbor Boulevard in Oceanside to the Old Pacific Coast Highway bike trail start at Los Pulgas on the I-5 call-dun-drum can be made readily available.
CHP provides escorts all the time slowing traffic by using its flashing blue and red lights when stopping a motorist, picking up dangerous debris which has fallen from a truck, responding to an accident. This common-sense practical temporary solution granted upon request within a one hour period can be in effect until the obvious more permanent solution being a parallel path where equestrians, hikers and bicycles can move safely separated from the irresponsible high-speed motorist. For the State of California, CHP and Caltrans to use the false pretense of safety when a simple common-sense remedy is in plain view and deny the Mules and all other equestrians the right to move freely in this country using the public thoroughfare is illegal and unconstitutional.
Monday, April 3, 2018 Called Camp Pendleton Base Access to inquiry if the Bicycle Access form that I completed on March 16th was approved and was told that my name is approved to ride a bicycle from gate to gate. I asked if this means that I can also walk across with my mule. Was told that I cannot walk, but must ride a bike. I asked if I can ride a bike with my mule in tow. The person didn’t know the answer to this question and gave me another phone number to call. Called that number and that person didn’t know the answer and gave me another phone number to call. Tried calling the third number and got a message that voicemail box is full, so couldn’t leave a message.
Wednesday, April 5, 2018 San Diego District Attorney Drops Charge. Attorney Candice Fields of Candice Fields Law, who assists the Mules and the Three Mules Nation, sent us an update in regards to our I-5 case: The San Diego County District Attorney decided not to file criminal charges against the Mules for Penal Code Section 148(a) Obstruction, which means there will be no case at all, and therefore no hearing on Friday, April 6, 2018.
The District Attorney said that they did not make this decision because they felt the law, as written, would not support a conviction. They made their decision because they were concerned about jury nullification. They felt their case was not winnable with a jury who might ignore the law and find the Mules not guilty.
Monday, April 8, 2018 The Mules emailed the I-5 CALL-DUN-DRUM letter to the head of California CHP Warren Stanley, Caltrans District 11 Director Cory Binns, CHP Border Division leaders Jim Abele and Scott Silsbee, Caltrans Director Laurie Berman, CHP Oceanside Captain Brent Pembleton, Caltrans Engineers Marcelo Peinado and Joy Lee, and Camp Pendleton’s Community Relations and Media contact emails.
Tuesday, April 9, 2018 CHP Captain Pembleton emailed back: “I received your email from April 8, 2018. Your concerns on this matter have been thoroughly vetted and adequately addressed. As such, we consider this matter closed.”
The Captain would not address the issues in the CALL-DUN-DRUM letter as his response clearly shows. He would not go on record by sending the Mules an emailed response for the public to view where his argument justifying denial of a motorized escort could be scrutinized and withstand public review.
The Mules walked to Oceanside CHP office and asked to speak to Captain Pembleton. He came out of his office and requested we go outside, so we did. We spoke at length with the Captain regarding the issues of the CALL-DUN-DRUM letter. The Captain repeatedly used the word “safety” to justify his non-response to our request for a motorized escort. Motorized escorts by their nature is to promote safety. When you turn on the blue and red flashing lights to slow traffic to 25 miles per hour, you are now in the Twilight Zone, safety beyond all perception has been achieved.
We asked Captain Pembleton to provide us the detailed route turn-by-turn directions that he referred to in his March 30th email. He said to go around the base by going east and north around it on county roads. We asked what are the street names? He would not provide them and said to look up the directions yourself on your phone using Google maps. He would not commit or take responsibility in providing directions to a safer route because there is none. We do not find this an acceptable response as he is telling us to go far out of our way (go to Mars, turn left and proceed to Jack in the Box, when Jack in the Box is only around the block) on an extremely unsafe single lane route with blind curves, little or no shoulder and traffic moving at high speeds to get from Oceanside to San Clemente.
The Mules acting as the ambassadors of the 3 Mules Nation (all those who cherish the right to move freely in this country how they choose, when they choose, whether by horse, bicycle, or foot) have done their job, served their purpose. The Mules have brought energy and attention to this CALL-DUN-DRUM. For the Mules know that the CALL-DUN-DRUM that has taken root on I-5 is a portent (a sign and warning) of things to come – large areas of land being shut off and down to all but a privileged few.
We now pass the baton of this CALL-DUN-DRUM on to those who will give their energy, time, skills, and creativity to its resolution to ensure that the freedom guaranteed by the law of the land, the United States Constitution, to move freely within its borders be available to all and the generations to come.
———————— This problem which has been festering for years and which now has come to a head due to Camp Pendleton refusing the Mules and other pedestrians access to travel through the base.
“Attempted this leg…and was denied entry into Camp Pendleton as they noted no walkers or runners are allowed on the bike trail…they must have rules to view anyone on foot as a threat as they pulled out guns and was very intense about our presence.”
The Mules are proposing a simple common sense solution. Caltrans post on its overhead neon signs a mandatory speed reduction to 50mph for the seven-mile stretch between Harbor Boulevard and Las Pulgas Road. This would allow the Mules, pedestrians, cyclists and all other legal users a safe passageway (due to I-5’s extra wide shoulder) in this 7-mile section with no alternate route. There is 24 hours in every day. Many of those hours are consigned to rush hour traffic where speed is well below the 50 mph limit. The remaining hours at which a 50 mph speed limit would be in force is only a seven-mile stretch. They can make it safer by putting in a cement barrier as they do on other roads and bridges.
There are many examples throughout the state where pedestrian, bicycle and equestrian access is allowed on interstate freeways in California. A 3-mile stretch north out of San Luis Obispo being one.
This simple, common sense solution would make I-5 with its extremely wide shoulder at least as safe as any of the county and state roads with their narrow shoulders and blind curves that the Mules travel every day throughout the state.
Per all our conversations above, we will need to contact our state senator to contact the Department of Defense to get the No Access to Pedestrians policy changed for this section between Oceanside and San Clemente. We will be reaching out to Caridad Sanchez again on how to get this process started. When we have this information, we will share with the Three Mules Nation, Walkabout California and other walking, hiking and equestrian groups, on how you can help get this policy changed for this short section between Oceanside and San Clemente.
The Mules have found themselves at what is showing itself to be a point of energy gathering, intensifying, and seeking expression in the unforeseen. The Mules have been given a word sound to identify this place of time and circumstance in which we find ourselves CALL-DUN-DRUM. A place, a condition of confusion, uncertainty, disorder, neglect that’s seeking to settle rest, acquire resolution for itself.
By using the Mules as a gathering tool, this place has brought many players to its realm. Listed below are the many players who the Mules have contacted in regards to the I-5 Call-Dun-Drum (excluded from list is Camp Pendleton Access Control office and regional physical security officer Nick Moran who we also spoke with on the phone).
The Mules entered this I-5 call-dun-drum on the day we were arrested on February 23, 2018 and while in its grasp using us the Mules a common-sense practical solution has made itself known. A CHP escort for the 3 Mules and all equestrians seeking passage from Harbor Boulevard in Oceanside to the Old Pacific Coast Highway bike trail start at Los Pulgas on the I-5 call-dun-drum can be made readily available.
CHP provides escorts all the time slowing traffic by using its flashing blue and red lights when stopping a motorist, picking up dangerous debris which has fallen from a truck, responding to an accident. This common-sense practical temporary solution granted upon request within a one hour period can be in effect until the obvious more permanent solution being a parallel path where equestrians, hikers and bicycles can move safely separated from the irresponsible high-speed motorist. For the State of California, CHP and Caltrans to use the false pretense of safety when a simple common-sense remedy is in plain view and deny the Mules and all other equestrians the right to move freely in this country using the public thoroughfare is illegal and unconstitutional.
Pictured left to right: Zoe, Arlene, Jessica, and Andrea with Little Girl
On Monday morning, Little Girl received her annual physical exam. The Mules want to thank Arlene for arranging San Dieguito Equine Group team – Jessica (veterinarian), Andrea (Registered Vet Technician and dental care provider) and Zoe (vet assistant)- to come out to give Little Girl her check-up. Here is write up that we received after Little Girl’s exam:“Little Girl had a physical exam and she was found to be a healthy, bright and alert 28-year old Molly mule. She has a good appetite, healthy skin and body coat and has a good body condition score of 5/9 (normal). Her feet were in good shape and it’s apparent she receives regular farrier work. Her teeth were floated and equilibrated – she has amazingly good dental health for a mule her age and only needed moderate dental work. She was prescribed anti-inflammatories (like Advil) for two days after her dental work for preventative measure due to her older age.”
Coincidentally, the same morning that Little Girl had her scheduled physical exam, The San Diego Union-Tribune published an opinion piece titled “Homeless mule should not suffer owner’s bad choices.” The Letter to the Editor stated:
Re “Traveler reunited with stolen mule in Escondido” (Feb. 26): I saw John Sears and his mule, Little Girl, Feb. 18 walking down Melrose Avenue. I drove by, my eyes on his overly burdened mule trailing behind him.
For those that may think his lifestyle is adventurous, I see it differently. Sears’ decision to live on the streets forces Little Girl to also do so, showing no concern for her well-being.
Later, coming out of a market on Melrose, there was Sears and Little Girl. I asked Sears about the weight she was carrying. I cringed when she kept picking up her back feet as we humans do when experiencing discomfort or pain. I looked into her face, such a sadness.
Little Girl is neither safe from Sears or from people who take her in the middle of the night. Glamorizing Sears and his way of life ignores the welfare of Little Girl.
Karen Bonadio Oceanside
We sent the article to Andrea, the Registered Veterinarian Technician who cleaned Little Girl’s teeth. She sent us her response that she wrote the San Diego Union-Tribune about that opinion as she feels that it is important for people who don’t know anything about mules and horses to understand. Dear Union Staff:
I am hoping that you can post this in response to the opinion piece regarding the mule Little Girl and her owner.
I am a Registered Veterinarian Techinican that works at an equine veterinary practice here in the Escondido/San Marcos area. I work strictly with horses and have been doing so for over 15 years. I can understand where someone who does not have equid experience may see Little Girl and feel sorry for her. Myself as well as two of my colleagues were lucky enough to visit with Little Girl the other day for a vet health check up. She was given a general health check and she had her teeth floated and equilibrated. Mr. Sears had a lengthy conversation with the veterinarian regarding her health and other questions he had regarding her care.
I can tell you from first hand experience that from the examination we gave, Little Girl is a healthy mule for her age. She has a healthy body condition score, good feet (hooves) that receive regular farrier care, healthy skin and hair coat as well as a bright and content disposition. The owner is well educated on mule care and is very conscientious when it comes to the amount of weight she is asked to carry. She gets many breaks throughout a days travel and is cared for quite well.
I see other equids on a regular basis that are not in as good of shape that she is in. I hope that this insight helps those that are concerned understand the reality of the situation a little better and puts their minds at ease.
Kind Regards, Andrea Shepley RVT
The Mules also have a rebuttal to the San Diego Union-Tribune opinion piece:
The Mules are not homeless. We’ve been wandering, living on this earth for hundreds of thousands of years. A stick structure is not what we seek. We seek spiritual connection to this earth, while living in balance, respect and reverence for all its inhabitants. Earth is our home. No matter how many editorials that are fired off, the Mules will not let loose of our sacred connection to this sacred place called Earth.
When Little Girl can no longer serve this place of one human being walking with his/her animal companions in one of all four directions, how we choose, when we choose, she will be retired into the nation, 3 Mules Nation, and live out her remaining years in by far better conditions than 90% of people living today.
The Mules are reading a number of comments regarding the issue of safety following our recent truthful account of our arrest on I-5. Nobody or no one exists or operates in total safety mode. Life on earth by its very nature is unsafe. To be completely safe, you need to be dead. Life on earth is rife with risks.
With regards to the Mules walking down the side of the highway, are we perfectly safe? No.
Are motorcyclists darting in and out of traffic at high speeds perfectly safe? No.
Is the high-speed motorists moving at speeds of 65 to 80mph bumper to bumper in heavy traffic distracted by alcohol, drugs, texting, eating, etc. perfectly safe? No.
Is a bicyclist peddling along the scenic Pacific Coast Highway or on I-5 from San Clemente to Oceanside perfectly safe? No.
So it behooves the Mules, to walk over to the safety scanner, walk through and get a reading as to our degree of safety.
The Mules walk at 3mph, weigh about 1000lbs, have never been in a wreck or caused one, as opposed to the high speed motorist who moves at 65 to 80mph, weighs from 1500lb to 40,000lbs and kills and maims itself and others by thousands every year.
The degree of safety at which the Mules operate is by far much higher than the high speed motorists, the gap between the two is huge. For the CHP to stop and order the Mules off I-5 using the pre-text and guise of safety to justify their order is illegal.
To any common sense mind, the Mules by far operate at a much higher degree of safety than the high speed motorist. When non-motorists (pedestrian, bicyclists, equestrians, wheel chairs, etc.) step onto I-5 because there is no other alternative route, that section of I-5 immediately becomes subject to the same rules and regulations that apply to all state, county, city roads.
California vehicle code law 21949 passed by California legislature and made effective January 1, 2001 states that “it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents of the state. It is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries.”
California’s Department of Transportation (CalTrans) can easily post a mandatory speed reduction to 50mph on their overhead flashing neon signs bringing this unlawful section of I-5 into compliance so cyclists, pedestrians, equestrians and all other legal users can exercise their constitutional right to move freely on the state public thoroughfare.
A mandatory speed reduction of 50mph in this section of I-5 where no alternative route for non-motorist is present will bring this section under the same rules and regulations as all roads we travel every day.
UPDATE: Attorney Candice Fields of Candice Fields Law, who assists the Mules and the Three Mules Nation, sent us an update in regards to our I-5 case: The San Diego District Attorney decided not to file criminal charges against the Mules for Penal Code Section 148(a) Obstruction, which means there will be no case at all, and therefore no hearing on Friday, April 6, 2018.
The District Attorney said that they did not make this decision because they felt the law, as written, would not support a conviction. They made their decision because they were concerned about jury nullification. They felt their case was not winnable with a jury who might ignore the law and find the Mules not guilty.
On Friday, February 23, 2018, upon awakening here in Oceanside, I fixed breakfast, grazed Little Girl and packed her up. We proceeded to walk 1.5 miles to Camp Pendleton Marine Corp Main Gate.
For those not familiar with this area, United States Marine Corps Base Camp Pendleton is located on the Southern California coast in San Diego County spanning over 125,000 acres, bordered by the city of Oceanside to the south and Orange county to the north. For an 8-mile section where Interstate 5 (I-5) goes through Camp Pendleton, the Old Pacific Coast Trail for non-motorized use discontinues. The only way for non-motorized travelers to pass through this section of the California coast without walking on the side of the interstate is to enter through Pendleton’s Main Gate near Oceanside and walk 8.3 miles through the base to get to the Las Pulgas Gate, where the Old Pacific Highway Trail begins again to get to San Clemente. One cannot walk along 17-miles of the sandy beaches on the coastline that parallels I-5 as this also is part of the base. The Mules have taken the Pendleton Main Gate-Las Pulgas Gate (and vice versa) route three times in the past four years with military escort without any issues.
Arriving at the Main Gate guard shack, I secured Little Girl and went into the guard shack requesting passage through the base to the Las Pulgas Gate so that we could continue our journey onto the Old Pacific Highway Trail to San Clemente. The guard said to wait while he checked with the PMO. We waited outside for about half an hour. The guard came back and said we would not be allowed to go through the base. I told the guard we had passed through there three times previous with a military police escort. He said he was sorry but the PMO said we could not pass and we would have to leave immediately. So we did.
Upon getting off the base, I phoned California Highway Patrol (CHP) in Oceanside and spoke to the CHP watch commander informing him that I would be walking north on I-5 from Oceanside because I was refused entry into Camp Pendleton and there was no other alternative route other than I-5. The watch commander told me that I would not be allowed on I-5. We said, when there is no alternative route, we have the right to use the only one route that is available, and that by default is I-5. He repeated his statement that we were not allowed on I-5. I responded we will be walking on I-5. The watch commander said, “Use your best judgement.”
We then headed for I-5 and got on it. The shoulder was wide with other bicycles on it.
After walking about 1.5 miles, a CHP officer on a motorcycle came towards us and stopped. He informed us that we could go no further and that we would have to turn around and get off the freeway. We said we had the right to be here because there was no other way to travel north to San Clemente other than I-5. He repeated his assertion that we must turn around and get off. I said I would not. He said if we didn’t I would be arrested and Little Girl would be impounded. So, that’s what happened.
I was taken to Vista Detention Facility. Little Girl was picked up by animal control and taken to the animal shelter. I was in jail for about 5 hours, charged with Penal Code 148(A) obstruction failing to obey a police officer, given a court date, then released.
I was told by the jail that my property was being held at the CHP. I called CHP from the jail lobby and was told by the lady who answered the phone that the property officer was out for the day and would not be back until Monday morning. If I wanted to get my property, I would need to make an appointment to talk to the property officer on Monday. I told the lady over the phone that I needed my cell phone and my wallet and various items that were in my backpack and I could not wait until Monday. She said she was sorry, but the property officer was out for the day and he would not be back until Monday.
I decided that I would go to the CHP office across the street from the jail and see what I could do. Upon entering the office, a uniformed officer was in the room. He asked me what it was he could do for me. I told him that I was informed that my property was here. He said hold on, I’ll see what I can do. About 10 minutes later, he came back and told me that my property was not in their possession and that it was at the Palomar Airport Road Animal Shelter. He gave me a number and an address. I asked him if he could call them and make sure that was where my property was and that they had possession of it. He got on the phone, made the call, and apparently talked to somebody there who gave him confirmation that yes indeed they had my property.
The CHP officer would not allow me to use there phone, so I walked back to the jail and called the number myself to confirm the information given to me by the CHP officer but I could not get through.
I returned to the CHP office, and informed the officer that I called the number he gave me and was not able to reach anybody there. I inquired why he was able to get through and I was not. He said he didn’t know, but he assured me that he had spoken to the Palomar Airport Road animal shelter and that was where my property was.
From there I started walking at approximately 4pm, I left the CHP office in Vista and started walking to animal shelter in Carlsbad. I walked until about 9:00 pm, found some bushes to take shelter, stayed through the night, awoke in the morning about 6AM, and continued my way to the Palomar Airport Animal Shelter. Upon arriving there around Saturday morning 8:30am, I talked to a lady that was walking a dog if they had a mule on the premises. She said I could go around in the back where they keep the large animals and take a look. There were no large animals there. I asked her if my property was in their possession. She went inside to find out, returned and stated clearly that it was not in their possession. So I asked her where would it be? She said Escondido Humane Society takes large animals. It was her best guess that was where my mule and property would be.
I got on the phone, made some calls and confirmed that Little Girl was 16-miles away at the Humane Society shelter in Escondido. I spent the rest of Saturday walking and riding the bus to get to the Escondido Animal Shelter to retake possession of Little Girl and my property. The Mules say thank you to L. Monreal, Carlie and the staff of folks at the San Diego Humane Society (Escondido) for taking such good care of Little Girl while the Monk was in jail.
I am not admitting guilt to the charge against me, but this is a truthful account pertaining to our arrest, charges brought of obstruction. and then our subsequent release for walking with Little Girl on Interstate 5.
We will be contacting California’s Department of Transportation CalTrans Chief in Sacramento and the CHP watch commander and once again informing that we need to walk on I-5 as there is no alternative route. The base is not an acceptable route, which requires waiting 4-5 days for permission to be granted. At which time if we are again refused and threatened with arrest by CHP, we will request CHP escort on I-5 where traffic can be slowed down to a safe level for our passage. We will not accept trailer transportation from a private party. We will be asserting our right and all equestrians’ rights for a safe means of moving on the public thoroughfare.
The Mules are also in search of an attorney who is interested in representing us pro bono at our San Diego County Superior Court date appearance on 4/6/2018 7:30am in Vista, CA (325 S. Melrose Dr.). If interested, contact the Mules via email at ThreeMuleJourney@gmail.com.
Since our arrest, we have been working with Caltrans and CHP trying to find a route or get an escort to help us go north from Oceanside to San Clemente. Details of our conversations documented here: https://3mules.com/the-muless-i-5-arrest-and-subsequent-events/
(a) The Legislature hereby finds and declares that it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents of the state. (b) In accordance with the policy declared under subdivision (a), it is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries. (Added by Stats. 2000, Ch. 833, Sec. 6. Effective January 1, 2001.)
California Department of Transportation Manual Chapter Topic 105 – Pedestrian Facilities Topic 105 – Pedestrian Facilities 105.1 General Policy The California Vehicle Code Section 21949 has stated a policy for the Department to provide safe and convenient travel for pedestrians. Conventional highways can be used by pedestrians. Although the Department will work to provide safe and convenient pedestrian travel on these highways, not all of these highways will contain sidewalks and walkways. Connections between different modes of travel should be considered when designing highway facilities, as all people may become pedestrians when transferring to a transit based facility. Pedestrian use near transit facilities should be considered during the planning phase of transportation improvement projects. See DIB 82 for accessibility guidance of pedestrian facilities.
(b) All State highway projects administered by Caltrans or others with pedestrian facilities must be designed in accordance with the requirements in Design Information Bulletin 82, “Pedestrian Accessibility Guidelines for Highway Projects.”
U.S. Supreme Court ruling “The right of a citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness.
Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another’s rights, he will be protected, not only in his person, but in his safe conduct.”
Where we slept last night in Oceanside across from Mission San Luis Rey. Once again the Mules and this ages old nomadic way of life, which we practice with reverence and respect for Earth and all its inhabitants, will use the public thoroughfare to continue our journey moving freely in one of all four directions, how we choose, when we choose. The United States constitution, the supreme law of the land, guarantees every citizen within its borders, this essential and basic right to freedom of movement which the Mules stamp in and stamp down all day, every day for all to see, appreciate, and ultimately understand. The Mules are all of us.
The Mules
Mission San Luis Rey History [Source: www.sanluisrey.org] Founded in 1798 by Padre Fermín Francisco de Lasuén, successor to Padre Junipero Serra, Mission San Luis Rey was named after St. Louis IX, King of France, who lived during the 13th century. Prior to Spanish occupation, the Luiseño Indians inhabited this area for hundreds of years. The Cemetery has been in continuous use since the founding of the Mission in 1798 and continues to be the oldest buried ground in North San Diego County still in operation. The Mission Church has been there since 1815.
From 1847-1857 the Mission was used as an operational base by United States soldiers. Notable figures that served at the Mission include General Stephen W. Kearny, Kit Carson and the Battalion of Mormon Volunteers. In 1850 California became part of the United States, and the Catholic Bishop in California petitioned the U.S. government for the return of the missions. In 1865 Mission San Luis Rey was returned to the Catholic Church by Abraham Lincoln.
