Part I: Mules Rebuttal to CHP Summary Incident Report

On January 23, 2020, the Mules were arrested by the California Highway Patrol (CHP) and charged with the failure to obey a lawful order. The San Luis Obispo County District Attorney decided to drop the case and not file charges.

The Mules have subsequently filed a lawsuit, Mules vs State of California / CHP claiming our arrest to be unlawful. This case is now in on-going litigation.

The Mules filed a public records request and have obtained the arresting officer’s Summary Incident Report. The report consists of six pages.

The Mules will be posting a series of rebuttals and comments to the contents of this report.

The following is the first segment in a series of responses to this report.

CHP Officer Narrative: I was on duty in a marked CHP patrol vehicle and was in full and distinct CHP uniform. At approximately 1128 hours, I received a call from CHP dispatch of an individual walking two mules eastbound in the westbound lane of Nacimiento Lake Drive from Chimney Rock Road. I responded to the area from US 101 at San Marcos Road and arrived with the individual at approximately 1155 hours. I could see a white male walking eastbound on the westbound shoulder pulling two mules.

Mule Rebuttal: I was not “pulling” the mules. I was leading the mules. They were walking behind me willingly at approximately the same speed as which I was walking. “Pulling” infers force. There was no force involved.

What it looks like leading the mules versus pulling the mules.

CHP Officer Narrative: Both mules were wearing packs and walking in the westbound lane and were blocking approximately half of the traffic lane.

Mule Rebuttal: We weren’t “blocking” the traffic lane. Blocking infers we were stationary with the intent of preventing forward motion of something in motion. We were not stationary. We were walking at approximately 2-3 miles per hours in a forward motion on the side of the road.

CHP Officer Narrative: I pulled alongside in the opposing lane and rolled down my passenger side window to make my first contact. I greeted the individual and engaged him in conversation. He didn’t acknowledge me and kept on walking eastbound.

Mule Rebuttal: The reason I didn’t acknowledge him was because he basically stopped in the middle of the road with his CHP cruiser, had no warning lights on, and tried to engage me in a conversation with traffic moving at high speed in both directions unaware of the dangerous hazard he was creating. I was not going to subject myself and my mules to that danger by stopping and engaging the officer in conversation.

CHP Officer Narrative: I drove forward, made a U-turn and was now parallel alongside him in the eastbound lane. I called out to him for my second contact. I told him that he can’t be blocking the traffic lane.

Mule Rebuttal: Once again, he uses the word “blocking.” Blocking infers setting up a stationary road block to prevent anybody from getting by. We were not doing that. We were walking from 2 to 3 miles per hour moving forward down the side of the road.

CHP Officer Narrative: He yelled back at me saying, “How do you know I was in the lane? Do you have any god damn proof?” I activated my rear warning lights as traffic began to build up behind me.

Mule Rebuttal: This was the first time the officer used his warning lights to notify traffic of his stationary position on the highway (blocking traffic) and the reduction of their speed would be necessary.

CHP Officer Narrative: I informed him that passing motorists have been calling him in as a traffic hazard

Mule Rebuttal: The motorists are the traffic hazard for refusing to obey the law and share the road with myself and mules as we were walking on the side of the road. They were the ones who were the traffic hazard. They had an absolute choice: obey the law, slow down, and stop if necessary, so that we could all pass each other safely. Or, refuse to do that and pass us at high speed, swerve out into the opposing lane to get by as fast as possible before they hit another car coming in the opposite direction. They made that choice. Nobody forced them to make that choice. Certainly not the Mules.

CHP Officer Narrative: and I told him to stay off the road.

Mule Rebuttal: And once again the CHP officer tells us to stay off the road. Telling myself and my mules to stay off the road was not a lawful order, but just the opposite. It was an unlawful order as we had the right to walk on Naciemento Lake Road.

CHP Officer Narrative: The individual began using a tirade of insults.

Mule Rebuttal: Well, I don’t know if it was a tirade of insults, but I wasn’t very happy with the way the officer was handling the situation.

CHP Officer Narrative: I could see that the mules were now on a wide, flat shoulder and were out of harm’s way. With traffic building up behind me, I advised him to stay out of the lane and I left the scene.

Mule Rebuttal: Whenever there is room, we will always relent and go as far away from the lane of traffic as possible. That is a given. Many many times on these rural roads in California that option is not available. We have no choice but to walk in the lane of traffic. Walk on the road. We have the right to be doing so. The motorist must share that road. The road does not belong exclusively to a high speed machine called the automobile.

CHP Officer Narrative: At 1222 hours, I received a second call from CHP dispatch of the same individual blocking the traffic lane with two mules.

Mule Rebuttal: Once again, he uses the word “blocking.” We weren’t blocking anybody. We were walking 2-3 mph on the side of the roading heading south towards Paso Robles.

CHP Officer Narrative: I waited for CHP unit 9-1, Officer A to assist me with this incident. In the meantime, two witnesses came to my location and advised me of the dangerous traffic hazard the mules were causing.

Mule Rebuttal: The two motorists complaining about the mules being a dangerous traffic hazard for being on the road demonstrates the total misunderstanding by the motoring public of equestrian rights to use that road. It also demonstrates the negligence of the state of California, CalTrans, and CHP to properly inform the motoring public of their obligation under the state vehicle code to share the road. If the officer knew the law, he would have informed them of their obligation under the state vehicle code to yield and share the road instead of using their complaints of us being a hazard to justify our arrests.

CHP Officer Narrative: Officer A and I drove out onto Nacimiento Lake Drive and I made contact with the individual for a third time. I could see the subject walked eastbound on the westbound shoulder with the two mules in the westbound lane.

Mule Rebuttal: The CHP Pedestrian Tip Card states that pedestrians should walk facing traffic when there is no sidewalk and you have to walk on the road.

CHP Pedestrian Tip Card

Mule Rebuttal: The Mules when walking these rural roads that have posted speed limits that far exceed their ability to safely accommodate all legal users, find ourselves many times crossing back and forth on the road to get on the side that provides ourselves the most room and safety for ourselves and the motorists passing us.

CHP Officer Narrative: The shoulder was wide enough that they all could have walked single file, posing less of a hazard, had the subject made the choice to do so. I recognize this to be extremely dangerous and his continued refusal to comply and walk he and the mules single file on the shoulder posed a hazardous situation to the subject, the mules, and the motoring public.

Mule Rebuttal: If I was to walk single file on that narrow road with very little room for the high speed automobile to get by us without side swiping us, it would be a big mistake. When I recognize the extreme danger of allowing a high speed automobile to what I call “thread the needle” going by us at break neck speeds, it is extremely dangerous for ourselves, the motorist, and the automobiles in the opposing lane. So when I find myself in this situation and I do many times, especially when crossing bridges, I literally get out in the lane of traffic because there is no place else to be and stop the motorist, jump up and down, wave my arms, and make sure the motorist knows that they must slow down. I literally have to force them to do so. They always get by us safely and nobody gets into a bloody wreck. 

CHP Officer Narrative: I positioned my patrol vehicle blocking the narrow shoulder and exited to make contact. Officer A positioned his patrol vehicle in the lane to the rear of mine with the overhead emergency lights activated. He exited his vehicle and stood in the westbound lane to flag and warn oncoming traffic. The subject was irate and agitated saying that this was a public thoroughfare and he had the right to be there.

Mule Rebuttal: Of course I was agitated and irate. If a motorist was stopped by a CHP officer and told that he had no right to be in his car and driving down the road, what kind of behavior would you expect from that motorist?  

CHP Officer Narrative: I explained that I was concerned for his safety. He said that traffic needs to slow down, if I was truly concerned about his safety.

Mule Rebuttal: Yes that’s exactly what the officer should have been involved in is slowing traffic down for the safety of myself, the mules, and the ignorant motorists.  

CHP Officer Narrative: I told him that I witnessed his mules walking two abreast in the lane. I told him I wanted to make this as easy as possible and I asked him for identification. He said I knew who he was and to look at his website. He refused to give me any form of identification. I tried to reason with him and asked for his ID. He went to his saddlebag and produced a California ID card identifying him as John Cheney Sears. Mr. Sears went on to say that the speed limit should be 25 mph, people need to share the road, and that the CHP has him on surveillance.

CHP Officer Narrative: I asked him to work with me and stay out of the traffic lane.

Mule Rebuttal: Once again it was impossible to stay out of the lane of traffic due to the lack of anywhere else to be. 

CHP Officer Narrative: He stated that he would not do that.

Mule Rebuttal: Well of course I didn’t do that, I couldn’t do that.  

CHP Officer Narrative: I gave him a lawful order three times and told him that he may receive a ticket or worse, go to jail. The legal order was based upon section 21954(a) VC, Pedestrian Outside a Crosswalk.

Mule Rebuttal: Nacimiento Lake Road (G14) is a rural area. There are no cross walks any where. When you have to go across that road because of blind curves and get to the safer side for the safety of myself, the mules, and the ignorant motorist, that’s what we do. And we have the right to do that. And there are no cross walks on that road. 

CHP Officer Narrative: Mr. Sears stated that if that happened, I would be opening up a can of worms. I told him that I didn’t want to take it to the next level. He said, “What happens, happens.”

Mule Rebuttal: The danger to the motoring public continues because of the reckless driving of that public. They make the choice to drive recklessly at high speeds. We don’t force them to do that. That is their choice. 

CHP Officer Narrative: Officer A and I positioned our patrol vehicles at the intersection of Nacimiento Lake Drive and San Marcos Road. With the belief that the danger to the motoring public would most likely continue, I drove out to Mr. Sears’ location with the MVARS camera activated. Once again, I was able to see Mr. Sears walking his mules in the eastbound traffic lane, rather than on the shoulder, in defiance of my lawful order, a violation of California Vehicle Code section 2800(a).

Mule Rebuttal: The order was not lawful. We have the right to be on the road. We have the right to use it. And there was no place else to go. As I stated previously, if there was, we would be there. Anytime there is enough room for us to remove ourselves as far as possible from the high speed motorist, we do so. But in many cases, especially on that road, there isn’t. The order was not lawful. You can’t give an order that is impossible to comply with and call it lawful. 

CHP Officer Narrative: I made a U-turn and activated my red lights to warn approaching traffic. Six vehicles including a Semi-tractor pulling a low boy trailer with heavy equipment had to utilize the opposing lane to get around Mr. Sears and his mules.

Mule Rebuttal: Well why did he have to do that? Because the semi-tractor refused to slow down and stop if necessary so we could all safely pass each other. The semi-tractor was blatantly breaking the law in front of the CHP officer and the CHP officer did nothing to address that. 

CHP Officer Narrative: Had Mr. Sears walked the Mules single file as directed, there would have been much less of a hazard presented.

Mule Rebuttal: Far to the contrary, once again, there is extreme danger had we been walking single file. The semi-tractor would have side swiped us. 

CHP Officer Narrative: I returned to the San Marcos intersection and waited for Mr. Sears to arrive.

CHP Officer Narrative: The situation posed an extreme danger to Mr. Sears, the mules, and the motoring public. Nacimiento Lake Drive is a winding roadway with ascending and descending elevations. The shoulders are narrow offering little room for a horse and even less for a vehicle. Mr. Sears was previously in an area of blind curves when CHP dispatch first received calls of him blocking the eastbound traffic lane. Mr. Sears was now about to travel east of San Marcos Road where the roadway is similarly dangerous.

Mule Rebuttal: CHP officer did not offer any assistance in alternate routes,  nor did the officer offer a trailer ride to get to Paso Robles. We had no cell reception to call anybody. In the CHP dashcam video, the officer states that he has no cell reception either yet he was able to call for a trailer to take us to jail in San Luis Obispo but not a tralier ride to Paso Robles.  The only way for us to physically get out of the area was to continue walking as we could not sprout wings and fly away, which is what we told the officer as well. CHP Officer turned his back on us and walked away as seen in the dashcam video. 

CHP Officer Narrative: At 1312 hours, I notified my supervisor/Sergeant and advised him of the ongoing situation involving Mr. Sears, the mules in the lane, and the defiance of a lawful order. I explained that if the dangerous situation continued, I may have no other choice but to arrest Mr. Sears. Sergeant concurred with me.

Upon Mr. Sears’ arrival, I exited my patrol vehicle and detained Mr. Sears. Officer Abel held the mules and I placed Mr. Sears under arrest for disobeying a lawful order, without incident. I advised Mr. Sears of his Miranda Rights which he invoked. Mr. Sears went on to yell that this was an unlawful arrest, we had no right to do this, and we were “fucking cowards.” his two mules were turned over to San Luis Obispo County Animal Services for safe keeping. All of Mr. Sears’ property was taken to the Templeton CHP office for safe keeping. Mr. Sears was transported to the San Luis Obispo County Jail and turned over to jail staff for booking.

Mules Rebuttal: Once again, it was not a lawful order, but just the opposite. The officer and the Sergeant had other choices, such as providing escort, providing a trailer ride to Paso Robles. The Mules could not sprout wings and fly away. If the CHP was able to summon Animal Services for a trailer so quickly, why couldn’t they trailer us past the area they thought was dangerous and drop off us to continue our journey to Paso Robles which was less than five miles way rather than drive us to San Luis Obispo 40 miles away. The CHP had other choices, just as the high speed motorist had a choice to obey the law to slow down and share the road.

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Golden Gate Bridge Crossing

On October 5, 2021 while the Mules were in Larkspur, the Mules phoned the Golden Gate Bridge Highway and Transportation District office to inform them that the Mules were in Marin County and wanted to cross the Golden Gate Bridge to San Francisco. We were transferred to Lieutenant Roger Elauria who said that he remembered us from August 2015 when we wanted to cross the bridge. He said that we cannot walk across the bridge and that he would will work on finding a trailer ride across the Golden Gate Bridge for us. Later that afternoon, Lt. Elauria called and said to meet the next day (11/6) at the tunnel in Sausalito. Thus, Little Girl, Little Ethel and the Monk left Larkspur and proceeded to walk to Sausalito where we spent the night.

The next morning, the Mules woke up early, packed up and began walking 3 miles to the Sausalito tunnel. We weren’t sure if we were at the right location and called Lt. Elauria at 9:30am and told him where we were located to check if we were in the right place. He said yes. We waited for the trailer to arrive and were surprised at all the other resources that arrived as well…Golden Gate Bridge District officers, California Highway Patrol, and United States Park Police with the trailer. In 2015 when we cross the bridge, we only had one Humane Society Trailer who met us and it was a quick and simple meet up. Thus it was kind of puzzling as to why 8+ resources were needed. We stood around awhile after Little Girl and Little Ethel were loaded as we had to wait for a tow truck to put air in trailer tire. Once that was done, we were all set to go. The United States Parks Police dropped the 3 Mules off at Ocean Beach along the Great Highway in San Francisco.

The Mules say thank you to the Golden Gate Bridge Highway & Transportation District for answering our call, Lieutenant Roger Elauria for coordinating the trailer, and Sgt T. Roth of Golden Gate Bridge Authority, US Park Police Officers A. Ewing and A. Muller (part of Golden Gate NRA, USPP San Francisco Field Office) who trailered the Mules across the Bridge to Ocean Beach and provided some hay as well so that we could continue our journey south for the winter.

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San Mateo Police Encounter

On October 6, 2021, the Mules were trailered across the Golden Gate Bridge and dropped off at Ocean Beach. We spent the remainder of the day walking through San Francisco, then into South San Francisco with no police contact.

Little Girl and Little Ethel in South San Francisco with the Cow Palace behind us.

We spent two nights in South San Francisco where we had stopped many times before, got up in the morning, and started walking through Brisbane, San Bruno, then into San Mateo. The Mules’ goal was to stop in San Mateo for the night at a place we had previously stayed many times before, but when getting there found it to be under construction, so we continued on where we found another place to stop for the night.

Where we spent the night on October 8, 2021 and where the San Mateo Police woke us up at 11pm.

The monk put the mules on picket lines, fixed something to eat, then put his sleeping bag to the ground and went to sleep here in San Mateo.

At approximately 11:00 p.m. we were awoken by two police officers shining flashlights in our faces. They wanted to know what we were doing here. We asked them what were they doing here. They informed me they got a call of large animals in this area. They wanted to know who I was, where I was going, where I was coming from, what I was doing, so forth and so on.

I gave them my name, told them I was migrating South, and handed one of the officers my card.

They continued to ask me unnecessary and redundant questions at which time I stated I wasn’t going to answer any more questions. They then told me that I couldn’t be here because there were city codes against large animals in the city.

I told them we have been walking all day long and it was necessary to stop for the night. We could not walk in the dark as it would not be safe for we had no headlight or reflectors for that purpose.

The officer stated he had no previous experience with anybody walking through the city with a horse so he would call his supervisor and get her advice. So we waited for the supervisor to arrive on the scene and sort the whole thing out. She did and decided we could stay for the night. A total of six police vehicles showed up.

In regards to the officers claiming they did not know who we were I find that extremely hard to believe. We had been walking on the El Camino all day long with surveillance cameras on most intersections. At 4:20pm, one officer stopped, got out of his car, approached us, and started asking the usual question. We were certainly being surveilled and recorded. We stick out like a sore thumb needless to say with two mules.

October 8, 2021 4:20pm – officer who stopped, got out of his car, approached the Mules, and started asking the usual questions.

The mules have passed through San Mateo walking down the El Camino many times in previous years. We have our website name in large white block letters 3MULES.COM on the side of both of our pack boxes to be easily seen by any officer observing us walking down the El Camino.

Furthermore, on August 8, 2015, San Mateo Police Department posted on their social media page welcoming the Mules where we spent the night within city limits near where we stayed the other night. For them to say they didn’t know who we were was ridiculous. [Read our 2015 post about this here.]

San Mateo Police post welcoming the mules in 2015
San Mateo Police Department social media post welcoming the Mules to San Mateo in August 2015.

Anyway all the above being said, the Mules packed up in the morning and proceeded to walk through Belmont, San Carlos, in and thru Redwood City, Atherton, Menlo Park, then into Palo Alto, where we spent the night at the Cubberley Community Center in Palo Alto on Middlefield Road. Having no police contact and a quiet peaceful night, we then proceeded in the morning through Mountain View and into Sunnyvale where we are now as a guest of another supportive member of the Three Mules Nation.

The Mules resting at Cubberley Community Center, Palo Alto, CA on October 9, 2021
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We are Equestrian Travelers

It’s ironic that across the street from us is a mural depicting the early travelers in this area who traveled by horse. Believe it or not, equestrian travel still exists today in the United States of America.

We the Mules are equestrian travelers. We are not criminals, nor a public nuisance, nor a drug addict, nor alcoholics. We pick up after ourselves, #LeaveNoTrace, eat Bob’s Red Mill organic, gluten-free old fashioned rolled oats, and volunteer our grass/weed abatement services along the public thoroughfare.

Help spread the word that 3 Mules are walking south thru the San Francisco Bay Area on our way to Southern California. We are currently in Richmond and will be in Marin County by Monday afternoon (Oct 4th) where we’ll continue our journey south towards San Francisco (then thru San Mateo and Santa Clara counties in the next couple of weeks).

We can make our journey south quicker if we are not stopped and questioned by law enforcement responding to frequent calls from “concerned citizens.”

if you see somebody that doesn’t look like the Monk/Mule leading Little Girl and Little Ethel, then that is a time to be concerned! Send us a private message where you see the mules if this is the case.

Three Mule Nation: help spread the word, share our post that we are heading south following the historic Juan Bautista de Anza historic route as we do each year. If you see us, take a photo, post and tag 3 Mules on Facebook or @3Mules on Instagram, so people are aware who we are and don’t call 911 to report equestrian travelers.

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The Mules sue the California Highway Patrol over their right to travel on the public thoroughfare

CHP dash cam shot of 3 Mules walking along Naciemento Lake Road prior to their arrest on January 23, 2020.

San Luis Obispo, CA: On January 21, 2021, John Sears, who lives a nomadic lifestyle and has traveled the state of California with his mules for the past eight years, filed a lawsuit in San Luis Obispo Superior Court alleging that the California Highway Patrol wrongfully and illegally arrested him in violation of his natural, Constitutional and statutory rights.  

As noted in the first paragraph of the complaint: “By this action John Sears seeks to protect this ages-old nomadic way of life and the sacred relationship between man and horse to travel together with reverence and respect for this beautiful place in which we all reside called Earth.”

Sears, 73, and his mules began traveling when he was 36. He has lived full-time outside and traveled with his mules after retiring from his work as a tree trimmer in 2001 at age 54. He documents their endless journey on his website 3Mules.com, 3 Mules Facebook and Instagram pages, which have over 60,000 followers worldwide. 

On January 23, 2020, the Mules were walking along Nacimiento Lake Drive, a rural two-lane country road near Paso Robles in San Luis Obispo County.  Such route is the only route between Bradley, California and Paso Robles other than Highway 101, and is part of the Juan Bautista de Anza National Historic Trail, a historically designated trail that stretches 1200 miles from Nogales, Mexico, through the California desert and coastal areas in Southern California and the Central Coast region, to San Francisco. 

Despite the Mules right to travel such road, and all public thoroughfares in California, excluding interstate highways, he was ordered by CHP officer David Agredano to “stay off the road.”  Such order was not only impossible to safely comply with, it was in violation of Sears’ rights under the U.S. and California Constitution.  

Sears states: “Nowhere in the California vehicle code does it state that the public thoroughfare is for the exclusive use of the high speed heavy machine called an automobile.”

The California Vehicle Codes and Food and Agricultural Codes provide all non-motorized travel equal access to the public thoroughfare.  (Veh. Code § 21050, See also, Food and Ag Code § 16902, 16903.  

The driver of any vehicle approaching any horse drawn vehicle, any ridden animal, or any livestock shall exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary or as may be signaled or otherwise requested by any person driving, riding or in charge of the animal or livestock in order to avoid frightening and to safeguard the animal or livestock and to insure the safety of any person driving or riding the animal or in charge of the livestock. “

California Vehicle Code 21759

Sears notes:  “The Mules were not creating a safety hazard. The Mules were legally using the public thoroughfare in conformity with the state vehicle code.  The motorist has one of two options: 1) obey the state vehicle code, slow down, and stop if necessary, when approaching livestock, or 2) disobey the state vehicle code, refuse to slow down, recklessly pass with no concern for the consequences, and call 911 to complain that there is a person walking with horses on the road.”

Along substantial stretches, Nacimiento Lake Drive is hemmed with steep banks on both sides of the road.  It has narrow to non-existent shoulders in many areas as the CHP dash cam video clearly shows.  The non-paved area directly adjacent to the road was a steep upward bank, which would be difficult to impossible for a pack mule to navigate.  

“The Mules were walking as close to the steep bank as we could to provide the motorists that were obeying state vehicle codes to safely pass.” 

Sears further notes:  “If this arrest was legal, then all U.S. citizens traveling under their own non-motorized power (equestrians, pedestrians, cyclists, wheelchair, and all others) is likewise illegal.  This nomadic lifestyle which the Mules practice, which is over hundreds of thousands of years old, is how the Mules live on this earth. The Mules are bringing this case to court to preserve the right for all equestrians, pedestrians, and cyclists to travel on these public thoroughfares without fear of arrest.” 

Sears filed a complaint alleging violation of his civil rights under Federal and California law, false arrest, and declaratory and injunctive relief.  In addition, to his damages, he seeks a declaration of his rights that he can present to law enforcement in the future, and for the CHP to issue a training bulletin informing officers of the right for equines and other animals to use the public thoroughfare.  

Mules-vs-CHP-p1

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People often ask the Mules what their mission is. “Our purpose is to walk and live peacefully taking only what we need. Seeking balance and harmony with all that surrounds us and bringing the energy and value of this ages old way of life to all of those who we pass.”

“Spiritually, we are all unique. The Mules are experiencing the sacredness of this place in our own unique way. We are not doing anything spectacular. We get up in the morning, fix something to eat, and walk all day long. We enjoy it. Just walking. We enjoy the sacred act of walking in harmony and balance with the energy of this beautiful Earth that flows in, around and through us.” 

 “The public thoroughfare has been designed for the high speed motorists and their automobiles,” Sears explained. “The Mules and those who travel under their own power and speed (equestrians, cyclists, hikers) must preserve the right to use these same public thoroughfares as there is no adequate trail system to get equestrians and non-motorized travelers from one community to the next in this state.”

Sears has hand delivered copies of his Declaration of Emergency to over 200 city halls in California as well as to the governor’s office at the California State Capitol. In the declaration, he says the Natural World is being destroyed by a sprawling Megatropolis. Sears describes the Megatropolis as “the man-made world, spreading sprawling concrete, putting up lanes, putting up buildings everywhere. It wants all the remaining open space and it is unrelenting. It doesn’t want any other venues (pedestrians, cyclists, equestrians) to use the public thoroughfare except for its most favorite tool, the automobile.”

For further press inquiries or interviews, contact Attorney Todd T. Cardiff  Office (619) 546-5123 or Cell (619) 885-1443www.tcardifflaw.com

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The Mules deliver their State of California Government Claim to Sacramento

The Mules delivered to Sacramento the following claim against the State of California and its enforcement agency, the California Highway Patrol, for our unlawful and illegal arrest on January 23, 2020, for allegedly failing to obey a lawful order.

The purpose of the Mules filing this claim is to protect the Mules legal right to the use of the public thoroughfare. Without access to a strong healthy public thoroughfare, the Mules ages old nomadic way of life will come to an end. The energy of our ancestors who have roamed and wandered across this earth for thousands of years is harbored and available for our use. We will use it in this dimension and all others in which we may find ourselves to preserve this sacred way of life for ourselves and those who will inevitably follow.

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The Mules’ Governmental Claim

The Mules would like to introduce a friend and follower of the Three Mules Nation, Lori Ann Wiley.  Lori is a paralegal who has worked in law enforcement and education. She has volunteered to help the mules with our claim against the State of California for when we were arrested for exercising our legal rights to travel on the public thoroughfare on county road G14 in Paso Robles, on January 23, 2020 (details here). 

The Mules will be walking back to the Templeton California Highway Patrol (CHP) office to deliver an unsigned governmental claim.  Upon arriving there, we will deliver this unsigned claim for less than $1,000, to demand reimbursement of the $266 that was paid to San Luis Obispo County Animal Shelter, for the release of Little Girl and Little Ethel from their custody. 

The purpose in delivering this unsigned claim to CHP Templeton is:
1) to bring the energy of our ages old sacred nomadic way of life and the sacred relationship between human being and horse, which has been practiced on this Earth throughout the ages, to the doorstep of the megatropolis; and
2) to bring notification that the Mules and this way of life, which we have practiced with love and respect for Earth and its web of life, will never acquiesce to the megatropolis and its most favored child, the automobile, with its relentless pursuit to acquire the public thoroughfare for its exclusive use.   

For if we allow these kinds of unlawful arrests to be made under the guise of public safety, the inevitable consequences of this will be that the Mules, and all others like us, will be removed from the public thoroughfare, which will result in the end of this sacred relationship between human being and horse living and moving in harmony and respect for Earth and the energy of all its life.   

The energy accumulated and harbored in this document on our way to Templeton will materialize in unforeseen ways as we then move forward to Sacramento to deliver another Governmental Claim for over $1,000.

By delivering this claim, we want to address the incongruities that exist between the actual law and a gray area that was claimed, and then used by CHP Templeton, to interpret the law in order to side step the actual law, which then enabled them to bring charges and make an unlawful arrest under the guise of public safety, as what happened in the case against the Mules.   

Share the road. It's the law.
Share the road. It’s the law.

Public thoroughfares, by their very nature, are for public use and are to be shared by all legal users.  In order for a public thoroughfare to operate safely and efficiently, the practice of sharing must be enforced by law enforcement.  Releasing one group of users from their responsibility to share and adjust position and/or speed for the safety of all, and then transferring the energy of that responsibility onto the shoulders of another (such as the Mules), is not compatible with the proper use of a public thoroughfare.  In the case of the Mules, CHP Templeton demanded the Mules to get off the public thoroughfare under the pretense of safety, so that the responsibility of the high speed motorist to obey the law could be avoided.    

The Mules see this case as a great opportunity to bring attention and awareness, through discussion and education, to the rights, duties, and responsibilities of all those (motorists, equestrians, cyclists, pedestrians) who use and share the public thoroughfare.

Share the road. It's the law.
Share the road. It’s the law.

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The Mules wrongful arrest by CHP outside Paso Robles and sent to jail and animal shelter in San Luis Obispo

Wednesday, January 22, 2020, after walking 15.3 miles from Pleyto and past Lake Nacimiento, we stopped here along G14 to spend the night. We have walked this scenic back road route repeatedly in past years.

On Thursday morning, I awoke, fixed breakfast and packed up the mules. We got back onto G14 heading towards Paso Robles and walked approximately three hours when a California Highway Patrol (CHP) cruiser pulled up along side us. He said he had been getting calls that we were walking on the road. He asked me to do him a favor and not walk on the road. My reply was that the Mules have the right to walk on the road. We are not breaking any laws and we will continue to do so for the simple reason that we have the right to. There was no alternative side road or trail along G14 to walk to Paso Robles. At that point he left.

Road G14
Road G14

We continued walking 10-15 minutes when the CHP officer returned with another CHP officer in another cruiser. He stopped in front of us, got out of his cruiser and told us that we could not walk on the road. We reasserted our right to walk on the road.

It was obvious if you looked at the road there was no where else to walk. we were walking as far to the edge as possible. Little Girl who I was leading was walking right abreast of me and Little Ethel was abreast of Little Girl. Little Ethel was the one furthest in the road. There was plenty of room for a passing motorist, slowing his or her automobile (which is required by California law when approaching other legal users – cyclists, equestrians, pedestrians – of the public thoroughfare) to an appropriate speed to safely pass. Motorists on G14 were doing so, slowing down and passing safely with no problem. 

G14

The officer continued to assert that we could not walk on the road. We continued to assert we had the right to walk on the road and that we could not sprout wings to go anywhere else as we were landlocked and there was no alternative way to walk out of where we were standing. We went back and forth like that for a good period of time. Officer trying to convince us that we had no right to walk on the road which was ludicrous. 

The California Driver’s Handbook clearly states that equestrians have the right to use the public thoroughfare. 

Animal-Drawn Vehicles

Horse-drawn vehicles and 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.

California Driver Handbook – Sharing the Road

Side note: On August 31, 2013 in Morgan Hill California we had a similar encounter where the Mules were stopped by California Highway Patrol and told to get off the road or be arrested. (Details here.) We had no place to get off the road where we were without walking on the road (because we don’t have wings). We were arrested and mules impounded for “Code 2800(a) VC – Disobey Peace Officer – Lawful Order“.

Santa Clara Superior Court Judge Jerome Nadler dismissed the case based on the arrest being invalid. Citation was for “disobeying the lawful order of a peace officer” when the Mules refused to leave the highway. Judge Nadler determined that the Mules had a legal right to be on the highway and therefore was not disobeying an officer since the Mules were abiding by the law. Below is video taken by documentary film maker John McDonald interviewing Judge Nadler about our case.

“I’m Jerry Nadler, I’m a superior court judge for Santa Clara County. On September 5, 2013 I was handling what’s called the arraignment calendar in the South County Courthouse of Santa Clara County in Morgan Hill and he was on my arraignment court calendar and in custody. He was charged with a vehicle code violation of failing to follow the orders of a peace officer.

Well here’s a guy that is simply proceeding down the side of the road lawfully with his mules and people are simply distracted because they haven’t seen mules in a long time. Unfortunately the system doesn’t work really well with really unique individuals or types of cases. And perhaps Mr. Sears is that sort of unique case where he’s charged with an offense that it appears that he had better insights about than the officer.

You know the officer is really concerned about protecting the highway, especially on a holiday weekend. But the officer still has to be aware of what the law is with regard to it as well. And again in this case it is sort of a unique case. I’m sure it’s the first mule case the officer has ever run into. But again, the officer is obligated to know what the law is. And, if the law allows for a pedestrian and his animals to be on the highway, then he’s got to perhaps make some other decisions. But I can certainly understand why the officer acted the way he did.”

Jerry Nadler, Superior Court Judge for Santa Clara County

We bantered back and forth for a good period of time when the officer finally said if I come back again you will be arrested and your animals will be impounded. He then left with his fellow officer. 

Little Girl and Little Ethel along G14
Little Girl and Little Ethel along G14.

Well now what were we to do? There was no side roads to take off on. There was nothing but G14. There was no cell phone service for us to call or post for trailer assistance. The officer offered no alternative means for which we could safely proceed to our destination of Paso Robles. We had no choice but to stand there on the side of the road for hell to freeze over or to continue to walk to Paso Robles on G14. So we had to do just that, because again, the mules and myself do not have wings.

After walking 10 minutes further down the road, the officer was stationed with his partner on a side road to our left. I do not know the name of this side road or if it was an alternative road to get to Paso Robles. The officer got out of his cruiser, approached me, stepped in front of me and said I was under arrest. He then took the lead rope from my hand and handed the lead rope to the other officer who took Little Girl and Little Ethel to the other side of the road and told me I was under arrest. He asked me to put my hand behind my back, which I did. Then he hand cuffed me, took me to his cruiser, opened the door, and asked me to get inside, which I did.  I offered absolutely no resistance. 

We have now been charged with obstruction. We were not charged for walking on the highway because we had every right to be walking on the highway. We have been charged with obstruction resisting arrest. I did not resist arrest. Little Girl and Little Ethel were taken to San Luis Obispo Animal Services, while I was taken to San Luis Obispo County Jail where I was booked around 3pm and charged with resisting arrest under California Penal Code Section 148(a) PC, a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer.

California Highway Patrol website with horses on the cover
Note the irony of California Highway Patrol website with horses on the cover and statement: “The mission of the California Highway Patrol is to provide the highest level of Safety, Service and Security.”

If the CHP officer was able to contact animal services to bring a trailer to transport the mules and myself to San Luis Obispo 40 miles away, why couldn’t they make a decision to “provide the highest level of Safety, Service, and Security” and escort or order trailer to transport the Mules to Paso Robles our destination at the end of G14 about 5-10 miles away?

Side note: On New Year’s Day January 1, 2020, we had a similar encounter  with San Benito County CHP (documented here) under much the same circumstance. However, San Benito County CHP gave up on telling us we couldn’t walk on the highway as they knew that we had the right to walk on that road as documented in the San Benito County General Transportation Plan. Instead, the officer relented on his assertion that we could not walk on the highway and offered us a solution that we could continue to walk along the shoulder of the road (which we were already doing) and they would escort us from behind to our destination San Juan Bautista. But at that moment, a local resident who followed our 3 Mules Facebook page stopped and told us that we had an alternative back road to walk to San Juan Bautista, which we took and no longer required a CHP escort. CHP did not tell us about this alternative route 100 yards away.

During booking, they took away my sandals that I was wearing so I was barefoot on the cold floor in jail wearing only a t-shirt and thin pants. Jails like to keep the temperature inside very cold. Don’t understand why my shoes were taken away. Did not have to share a cell with anybody. I paced from the time I entered the cell well into the next morning. Must have walked about 20 miles building the spiritual energy I knew that would be harbored and used to deal with our ongoing challenges of our upcoming court case and our use of the public thoroughfare.

I was released from jail without paying any bail with a court date to appear March 23, 2020 at 8AM in San Luis Obispo Superior Courthouse Annex Room 220, 1050 Monterey St, San Luis Obispo, CA 93408 .

Cite Release

After I was released from San Luis Obispo County Jail, I walked over to Animal Services next door where Little Girl and Little Ethel were housed. The cost for release is $266. We posted a GoFundMe to help pay for the cost for release and within minutes of posting reached the limit quicker than we could turn off the fundraiser to stop raising funds. A total of $500 was raised. The Mules are humbled by the response from those who donated quickly and generously to our request. Thank you very much. A detailed accounting with receipts on how this money was spent will be posted on this website.

Paid Receipt for release of the mules from Animal Services
Paid $266 receipt of release of Little Girl and Little Ethel from SLO Animal Services.

While at the animal shelter, we had another dilemma. The mules were in San Luis Obispo, but our gear and belongings were at the CHP office in Templeton, 31-miles away. So we posted on our 3 Mules Facebook page asking if anybody could transport the three of us from San Luis Obispo to Templeton before CHP closed for the day.

The Nation, the Three Mules Nation, shared our request for trailer assistance. As well, Animal Control Supervisor Patrick was reaching out to his contacts to help find a trailer ride to reunite us with our belongings. He was able to find a group that could help but they couldn’t arrive until after 4pm, which risked us not getting to the CHP office 31 miles away before its closing for the weekend. The Mules want to recognize San Luis Obispo County Animal Shelter Supervisor Patrick and his staff for taking care of Little Girl and Little Ethel and trying to help us find a trailer ride to our belongings.

Patrick and his caring staff at San Luis Obispo County Animal Shelter with the Mules
Patrick and his caring staff at San Luis Obispo County Animal Shelter with the Mules

We received a private message from Jennifer who said she could assist and bring us to Templeton, which she did. While waiting for trailer ride, we met Jim who stopped by the animal shelter to offer his assistance as well. He lives near the CHP office and offered us to rest the night on his property so we could re-gather ourselves which we accepted.

Jim and Little Girl
Thank you Jim for your hospitality.

Jennifer arrived at San Luis Obispo animal shelter with her trailer and drove us to CHP office in Templeton so that we cold pick up our pack boxes and other belongings.

Jennifer, Little Girl and Little Ethel
Thank you Jennifer for transporting us to Templeton.
Little Girl and Little Ethel at CHP Templeton office packed up and ready to go
Little Girl and Little Ethel at CHP Templeton office packed up and ready to go

We arrived at CHP Templeton in the afternoon to pick up our belongs. While there we had a conversation with CHP Lieutenant Coomer, who provided us a map outline every CHP Area boundary in the state and a document listing the contact telephone number for every CHP Communication Center and Area Office in the state. He said it might help if we the Mules called these area offices ahead of time and let them know we will be traveling through their area so that when the dispatchers get calls from the public, the dispatchers will know to be expecting it.

CHP Geographical Organization
CHP Geographical Organization map given to us.

While we appreciate Lt. Coomer providing us this information, we live in the United States of America. Life, Liberty and the pursuit of Happinessis a well-know phrase in the United States Declaration of Independence. The phrase gives three examples of “unalienable rights” which the Declaration says have been given to all humans by their creator, and which governments are created to protect. Freedom of movement (travel) was also thought to be a fundamental right of all U.S. citizens during the drafting of the U.S. Constitution as not needing explicit enumeration. Lt. Coomer’s suggestion for us or any U.S. citizen to call law enforcement in every place we walk in California is requiring U.S. citizens to ask for permission to travel within California, which is against our unalienable rights and against state law.

If a concerned citizen calls dispatch and an officer comes out to investigate, the officer should know the California codes that we are allowed to walk where we are. The officer should communicate with dispatch and other law enforcement in the area of the situation, whether it be equestrian travelers, pedestrians, cyclists or people in wheel chairs.

In the California Driver Handbook, cyclists and equestrians have the right to take the lane if there is not sufficient shoulder on a road to ride or walk. Motorists must slow down or stop until they can safely pass leaving 3 feet for safety or until the cyclists, equestrian, or pedestrian has sufficient shoulder room to move aside.

The Mules were not breaking any laws walking on G14 as we were not cited for obstructing traffic because we were not. Traffic was simply required by law to slow and pass at a safe speed. We were cited for resisting arrest for disobeying a lawful order which was obviously not a lawful order. The officer wanted us to get off the road when we had no physical way to get out of the location where we were at (because we don’t have wings) without walking out of the location. We did not have phone service in the area to make any phone calls or post to the Nation, the Three Mules Nation, for trailer assistance. Again, the officer did not provide us any solutions or alternatives on how we would continue our journey without use of the public thoroughfare.

When we arrived at CHP Templeton office, Marcia and her daughter Tisha were there waiting for our arrival. Marcia has been a supporter and follower on 3 Mules Facebook page since June 16, 2014. We always enjoy when we get to connect a name we see regularly on our page via comments to a live person.

Marcia with Little Girl and Little Ethel
Marcia, Three Mules Nation support since 2014
Tisha with Little Ethel

The Mules will continue to post more about this case as it evolves and progresses up to our March 23, 2020 arraignment in San Luis Obispo. Our next step is to obtain a copy of the CHP police report. The Mules feel that we were wrongly arrested because we had the right to walk on public thoroughfare G14. We feel that this citation and case should be dismissed immediately and that we should be reimbursed $266 of the mules impoundment fee.

The Mules are seeking a pro-bono attorney willing to represent us. Court Date scheduled for 3/23/2020 at 8 AM in San Luis Obispo Court Annex Room 220, 1050 Monterey Street, San Luis Obispo, CA. If interested, please message us with your contact information.

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.

The Mules 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.

March 23, 2020 is a long time away to wait in San Luis Obispo for our arraignment.

Six years ago, on May 29, 2014, the Mules were cited in San Luis Obispo for sleeping outside, which we have slept outside for over half our life. Sleeping is another human necessity to eating and breathing. No life can stay awake and keep moving 24/7/365. Our citation for that case was dismissed on January 15, 2015. Read more about that San Luis Obispo case here.

At the time, a San Luis Obispo newspaper published an editorial that the Mules were a public nuisance, which we strongly disagree. We are one human being traveling with his or her animal companions living a nomadic life outside all day every day as our ancestors have done for hundreds of thousands of years with respect and reverence for this place we call home – Earth.

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Step by Step Accounting of the 3 Mules Contact with CHP on New Year’s Day

The Mules were walking east on the shoulder of Chittenden Road (CA-129) in San Benito County towards San Juan Bautista. Suddenly a California Highway Patrol (CHP) cruiser appeared and stopped in front of us. A CHP officer exited his cruiser and requested we stop, freeze in place. We did not do that. Instead, we turned around and walked about 20 yards to a much safer place than the shoulder of the highway.

The Mules waiting on the side of the road

The officer followed us and upon reaching us asked where we were going. We replied, “Where we choose to go and we have the constitutional right in these United States to do just that using all city, county and state roads, which make up the public thoroughfare to travel and move freely in this country. The officer replied, “You’re on a highway and you do not have the right to be on the highway.”

The Mules knew of course the officer at best was mistaken and knew nothing of the vehicle code he was suppose to be enforcing at worst case was lying (Supreme Court and Federal Court decisions allow police to lie without any fear of accountability) and they do a lot.

“State Route 129 in San Benito County is classified as a Rural Minor Arterial* and is not included in the California Freeway and Expressway System. It is included in the Interregional Road System from Highway 1 to US 101, but is not designated as a High Emphasis or Focus Route. SR 129 is not part of the Scenic Highway System or the National Highway system.”

*Arterials. These facilities make up the principal network for through‐traffic within a community and often between communities. Arterials have between two and six traffic lanes and provide connections between residential areas, shopping areas, places of employment, recreational areas, and other places of assembly.  

San Benito County’s General Plan Chapter 6 Transportation and Circulation page 6-9

So the situation remained in limbo with the Mules asserting their right to use the public thoroughfare Highway 129 and the CHP continuing to lie and tell us we were breaking the law by being on the highway. And if we got on it again we the Mules would be arrested and taken to jail.

San Benito County CHP officers

Then the supervising officer told the Mules, “We don’t want to take you to jail, you’re not going to jail. Let’s find a way to solve the problem.” The Mules replied in no way are we going to negotiate our right to the public thoroughfare away. The supervising officer replied, “We are not asking you to do that. You can walk on the shoulder but not in the lane of traffic.” The Mules replied that’s exactly what we were doing when we were stopped by the officer. The supervising officer then said, “We will give you a CHP escort on 129 to San Juan Bautista.”

At that point, a lady appeared and introduced herself and said she has followed the 3 Mules page for many years. She then said we should take School Road over the hill to Anzar Road, which would take us into San Juan Bautista, which was no more than 100 yards from where we were. The Mules said good.

The CHP escorted us the 100 yards to School Road and left. We have not seen them since.

The Mules

Little Ethel and Little Girl on our way to San Juan Bautista on School Road

Photos of other people we met also walking along the road on New Year’s Day as we headed toward San Juan Bautista. It’s always good to see other people walking too.

Mother and daughter with Little Girl and Little Ethel on School Road, San Juan Bautista
Mother and daughter with Little Girl and Little Ethel on School Road, San Juan Bautista
Other pedestrians the Mules passed walking along the road
People we met walking along the road as we headed to San Juan Bautista
The Mules in San Juan Bautista
Our written version of this post page 1
Our written version of this post page 2
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El Cajon, CA

This afternoon March 16, I have been stopped by seven or eight City of El Cajon Police on El Cajon Boulevard. Right now as I speak for no reason other than walking down the sidewalk they forcibly stop me and detain me. It’s totally illegal other asking me all kinds of questions and threatening psychological evaluation. It is none of their business. I’m legally walking down the street and I won’t answer the question. We’ve been stopped twice already by La Mesa Police Department. We’re not going to answer questions continually all day long from every police department in this county or in the state.

After an hour, the Mules were released from police detainment which was illegal to start with. We were told that we could go thru town but not to stop anywhere. If we did, I would be arrested and Little Girl and my belongings would be impounded. And of course, due to the lateness of the day and them detaining us for an hour, that probably will not happen. We will stop and find a place to rest wherever that may be. 


El Cajon Police
El Cajon Police
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