On Sunday, April 22, 2018, we left Hemet around 9am walking approximately 17-miles to Beaumont via Highway 79. It was a beautiful day and we were enjoying ourselves. Little Girl and myself were anticipating our journey east.
Midway between Hemet and Beaumont, a CHP officer pulled his cruiser up in front of us blocking our way preventing our forward motion. It would have meant going into traffic coming at us at 65 mph+. He did not turn on his blue and red flashing emergency lights, allowing traffic to pass at 65+ miles per hour, which is putting the Mules plus himself in extreme danger.
The CHP officer said he wanted to talk to us. We took his picture, turned on our voice recorder, and asked him if we could record him. He said yes.
We then asked what it was he wanted. He said he had been getting calls that there was a horse loose on the highway. We said, “Where is the loose horse? We don’t see one.”
He then warned us not to walk in the roadway. “You must stay on the far right-hand side of the road.” We said that’s where we are. The guard rail is preventing us from going any further to the right and the lane of traffic is preventing us from going any further to the left. We were walking on the shoulder we have a constitutional right in this country to use all city, state, county roads.
The CHP officer then told the Mules that if he got any more calls about us being in the roadway we would be arrested and Little Girl would be impounded. We have said this before to CHP officers but forgot this time to tell them if he comes back and bothers us again we will arrest him and take him to jail.
We walked about 17 miles from Hemet and arrived in Beaumont late in the afternoon. We found an open field near Walmart with plenty of grass for Little Girl to graze and to rest for the night.
Monday, April 23, 2018 Upon awakening in the morning, I checked Little Girl, gave her some water, and moved her picket line to where she could graze on some new grass. I then fixed breakfast, packed up Little Girl, and proceeded to Starbucks not more than a quarter of a mile away.
I tied Little Girl to a tree with a short line in the Starbucks parking lot. [Side note: often times, people complain that Little Girl is tied too short and that she should have more room to move around. A short line keeps her out of harms way of vehicles moving through the parking lot.] I entered the store, bought a cup of coffee, sat down, and proceeded to charge my phone.
I was in Starbucks for about an hour when a gentleman inside alerted me to the fact that somebody was leading Little Girl across the parking lot. I gathered my belongings, went out the door and caught up to the young woman who had untied Little Girl to the tree and was leading Little Girl towards a black pick up truck with a man wearing a dark beard sitting inside his truck calmly.
She was not more than 10 feet away from the pick up truck when I snatched the lead rope out of her hand, and told her I would call the police. She said she was the police. The young woman, approximately 20 years of age, has a pierced nose, lips and ears and did not appear to be a police officer. I then led Little Girl back to the tree where I had her tied, cleaned up her droppings, and left the area.
The Mules didn’t have a chance to thank the man in Starbucks who alerted me that Little Girl was being led away. If you read this, thank you, sir.
After we left Starbucks, we proceeded to walk to Beaumont City Hall to deliver the Declaration of Emergency. Outside City Hall, we stopped to gather our thoughts and sent an email to the mayors, city council members and city managers in Beaumont, Palm Desert, Palm Springs, Banning, and Indio – places we’ll walk through during the next few days as we head east to Arizona. The email described the importance to develop interstate trails and also nomadic lifestyle that we live with a link to the video showing how the Mules responsibly use public space.
Later on, as we were walking along the railroad tracks headed for Banning, we heard a man’s voice beckoning us to stop. We turned and saw the man, who introduced himself as Jeffrey, walking thru the grass, come over to the fence and ask if he could take our picture. We said sure. He said that he has never seen anything like this before and the sight of us caused him to immediately pull over and want to talk to us. We then had a nice conversation as Jeffrey was curious as to what the Mules were doing and where we were going.
The Mules live and travel on the Public Thoroughfare responsibly and honestly with respect and reverence for all. We exercise our constitutional right to do so. This is resented by some and valued by others.
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.
My name is John Sears. Myself and Little Girl the Mule were stopped while walking on I-5 by CHP and told to go back to Harbor Boulevard in Oceanside and leave I-5. We said there is no alternative route from Oceanside to the Old Pacific Coast Highway Trail that starts at I-5/Las Pulgas Road. Camp Pendleton is closed to pedestrians so I-5 by default is the only available route. CHP officer arrested me and impounded Little Girl.
We were told by CHP as well as Caltrans that California Vehicle Code 21960(a) does not allow pedestrians on this part of I-5. The Mules have responded that 21960(a) can only be enforced when an alternate route, such as a frontage road, is present. For the CHP/Caltrans to use 21960(a) to justify the removal and arrest of the Mules from I-5 was illegal and unconstitutional.
While we were being arrested, bicyclists were riding by us on I-5. Caltrans told us that bicyclists are not allowed to ride on the shoulder of I-5 either. Yet the CHP did not stop and arrests the cyclists.
Per California Vehicle Code 21949(a) effective January 1, 2001, 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, and 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. On the day we were arrested on I-5, CHP failed its responsibility under state law and its stated mission to serve and provide safe and convenient passage.
Since our arrest, we reached out by phone and email to Caltrans, CHP and Camp Pendleton to request an escort or be provided a safe and convenient alternate route. We had numerous conversations and those that we spoke to repeated the same message that pedestrians are not allowed on I-5 or in Camp Pendleton. They did not provide any alternative solution to travel north from Oceanside to San Clemente.
The above being said and understood, the Mules are notifying CHP and Caltrans that upon request, a motorized CHP or Caltrans escort must be made available for the Mules and any horsemen/horsewomen needing to traverse I-5 between Las Pulgas Road and Harbor Boulevard. Because there is no alternative street or highway between Oceanside and Las Pulgas Road, I-5 access defaults to that of a street and highway for pedestrians and equestrians. This will be a temporary solution until a more obvious permanent solution of a parallel path where pedestrians, equestrians and cyclists can move safely along I-5 in this section where there is no alternative route.
For Caltrans and CHP representing the State of California to fail to provide the necessary escort or to provide an alternate safer and convenient route will be considered to be gross negligence and an abrogation of their stated mission and responsibility serving the people of California. This failure will initiate a class action lawsuit.
The Mules will be expecting a response to the issues of the I-5 CALL-DUN-DRUM addressed in this letter.
As was previously reported, Escondido Police have been actively searching for a stolen mule. Their efforts included searches of surrounding neighborhoods by ground and with the assistance of San Diego Sheriff helicopter. The story of the theft was shared via news media coverage, and social media posts.
3 Mules and the Escondido Police are happy to report that all of those efforts paid off. The widespread news and social media coverage resulted information that led officers to the mule. Officers have arrested David Martinez, a 28-year-old resident of Escondido was arrested on a charge of Grand Theft.
Escondido Police Officers are reuniting Little Girl the Mule with its owner. Little Girl is in good health and does not appear to have been injured.
We thank the Three Mule Nation community and the Escondido Police Department for the caring support and tips that led to a happy ending in this case!
****************************************** 2/26/18 6AM ALERT: LITTLE GIRL STOLEN AND MISSING Escondido Police have confirmed that they have video of Little Girl being stolen around midnight Monday, February 26 from Grape Day Park in Escondido (N. Broadway and Clark St, south of the canal), while I was next to her asleep.
The suspects untied the mule and were last seen leading the animal east along the flood control bike path from Broadway, adjacent to Grape Day Park.
The suspects are described as two males. One wearing a black and gray Pendleton style jacket with a gray hood.
Anyone with information can call Escondido Police at 760-839-4722. Anonymous tips can be left on our website at www.police.escondido.org or by phone at 760-743-TIPPS.
Description 28-year old white mule, 15.5 hands, approx. 900-1000lbs, predominately white, reddish markings on ears and legs.
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Photos of Little Girl on what she would look like without her packs on:
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.”
Last night the mules spent the night in Lake Elsinore on a vacant lot. While we were packing up this morning, the Lake Elsinore code enforcement officer approached us and said we could not be here. We said we would be gone in about an hour. He said right now get your stuff and leave. He then called the sheriff.
Sheriff came and said you’re trespassing. If you don’t leave immediately, you will be arrested. We said we were not trespassing. There were no fences preventing our entry and no signs to inform us that we could not be there through the night for the purpose of a night’s sleep. The officer did not pursue the issue any further. We cleaned up after ourselves and left. It took over an hour.
The Mules will be staying in the town of Lake Elsinore tonight seeking a public piece of ground for the purpose of a night’s sleep. We require very little area through the night and are on our way in the morning.
The Megatropolis and its forever spreading cities and towns must come to respect the Mules and the way of living they represent as we are all being driven like sheep into a smaller and smaller area in which to live and raise families. We must establish a place we can all go and practice The Art of Living freely and responsibly in our country. As the Mules practice their ages old nomadic way of life they also show the absolute necessity for such a place we can all go move freely and keep and regain our sanity.
The attitude held by most public officials of the cities we pass through such as Lake Elsinore is utter disrespect and disregard. The mules wonder why because the attitude and demeanor of the citizens of the cities and towns we pass through is always friendly and positive.
Last night the Mules stopped in Diamond Bar at one of its city parks to sleep for the night. We found an out of the way bare piece of ground next to the maintenance yard to spend the night, so we did for less than a 12 hour period. Upon awakening in the morning, I fixed my breakfast and proceeded to pack up Little Girl when three Los Angeles County sheriff deputies appeared answering a call that there was a horse in the park.
I responded that we had stopped here for the night and were now on our way.
They said fine, no problem, we just got a call and we were checking things out. They looked at our website and were very interested. We talked while I was packing up. They then wished us a safe journey and left. We then left ourselves.
Area of Occupancy
Pictured are examples showing the amount of space the Mules use for less than a twelve hour period during the night. Sleep and rest is essential for all living beings health and wellbeing.
We use the Fresno No Camping Ordinance as an example for the cities passing No Sleeping/No Camping ordinances. They are all using the same argument to justify their passage.
Section 10-1700: Purpose “Streets and public areas should be readily accessible to residents and public at large.” The Mules are a part of that public.
“Use of these areas for camping or storage of personal property interferes with the rights of others to use the areas for which they were intended.” The Mules don’t store anything. When people store their personal property, they lock it up, hide it with the expectation that it will still be there on their return be it one day, one week, one year.
The Mules unload their belongings off their mule, fix dinner, then go to sleep for less than a twelve hour period during the night, never leaving their belongings. This is not storing personal property. The Mules leave in the morning, leaving the space they occupied cleaner than it was when they arrived.
Do the Mules practice proper sanitary measures? Absolutely. We throw a nylon tarp over us so we can’t be seen. The result is the same as a park user going into a urinal and covered by four walls. The Mules urinate in a plastic bottle, crap in a bag, then carry our waste until a proper place for disposal is found.
Public Safety The Mules have been migrating north and south in this state for over five and a half years. We have never hurt a soul. The automobile however has killed and maimed thousands for that same period of time. For any municipality to infer the Mules are a public safety hazard is to turn basic common sense on its ear.
Per the National Safety Council, the number of motor-vehicle deaths in 2016 totaled 40,200, up 6% from 2015 and the first time the annual fatality total has exceeded 40,000 since 2007. Medially consulted motor-vehicle injuries in 2016 are estimated to be about 4.6 million, an increase of 7% from the 2016 rate. The estimated cost of motor-vehicle deaths, injuries and property damage in 2016 was $432.5 billion, an increase of 12% from 2015. The costs include wage and productivity losses, medical expenses, administrative expenses, employer costs and property damage.
Last night on January 6, 2018, we slept in Castaic. Upon awakening this morning, we packed up, got on the Old Road and headed south. The Old Road is a frontage road that parallels Interstate 5.
After walking for about an hour down the sidewalk, we were approached by a California Highway Patrol Officer (CHP) informing us that he had been getting calls that the Mules were walking in the middle of the road. No, we never walk in the middle of the road. We either walk on the sidewalk when it’s available, on the shoulder when it’s available, or in the lane of traffic when neither of the two are available. We have an absolute right to do so.
Anybody riding a bicycle, riding a horse, pulling a horse-drawn wagon, riding in a wheelchair, or walking has the right to use the public thoroughfare. These are public roads. The roads are not exclusive for the high speed machine called an automobile. The freeways are. Nobody has the right to be on the freeway except the high speed machine. The other roads – city, county, state – are all open to all other venues, be it a bicycle, an equestrian, a squirrel or a frog.
California Vehicle Code requires high speed motorists to slow down or stop to proceed in safety when meeting these other venues. The high speed motorist refuses to do so. Instead they come at us at full speed, never taking their foot off the gas pedal, picking up their cell phone, calling the CHP and claiming that we’re walking in the middle of the road. The CHP responds, comes out, and tells us if they catch us walking in the middle of the road or get calls to that affect, we would be arrested and the mule would be impounded. Totally illegal. Completely illegal.
As we proceeded walking south about two hours later we were approached by another CHP officer claiming he saw us walking in the middle of the road. WHAT AN OUTRAGEOUS assertion. Pictured is where we were walking. We have every right to walk on the public thoroughfare, we have every right to walk on the shoulder of the public thoroughfare, we have every right to walk in the lane of traffic if there is no place else to walk, such as bridges, such as areas cordoned off for construction. We have the same right to passage as the high speed automobile.
After that contact with the CHP we continued south and stopped at Starbucks to charge our smartphone and get a cup of coffee. We were in there for about an hour. I had secured Little Girl to a pole in the parking lot. I could see through the window that police officers were pulling up to where Little Girl was tied. I then went outside to talk to the officers and told them that the mule belonged to me. They said okay that’s fine. They said that they had gotten calls that someone was concerned about the mule and that they needed to respond, and that was that.
We got back on the road, proceeded south, stopped at Walmart to buy a canister of oatmeal, got back on the road until we found a place to sleep for the night.
When somebody leaves their house, gets in their car, gets on the public thoroughfare with the intent of going to a store to buy food or supplies for themselves and their family, they fully expect that when they leave the public thoroughfare to enter the parking lot, they will be able to park their car, walk into the store, buy their groceries and supplies, walk into a coffee shop and enjoy their cup of coffee, return to their car, put their groceries and supplies in their car, and leave to go home.
To have people constantly call the police simply because a person arrives by horse or mule and not in an automobile is outrageous. To have officers or security guards stop and interrogate a person simply because they arrived by mule because the person didn’t arrive in a high speed automobile is ridiculous.
This is not 1817 where you load up your six-shooter and go out to shoot some deer for dinner. This is 2018 where one must proceed on the public thoroughfare, enter a parking lot and go into a grocery store or a big box store, which controls the food and supplies. That’s where you get it. If you don’t get it there, you’re not going to get it.
I have known my mule Little Girl since she was born in 1990 and she has been by my side and full-time care since I bought her in 1993. While she may not technically fit the official federal designation of a service animal, she is my service animal and is an integral part of our nomadic way of life that’s been here for hundreds of thousands of years. She is in service to this place. Any common sense mind would come to the conclusion that she is without a doubt a service animal.
The Mules know that much of our contact with law enforcement agencies, CHP, local police, county sheriff, and animal control is instigated by trolls. These trolls will call enforcement agencies complaining there is a homeless man walking in the middle of the road with a horse. There is a man leading an injured horse past my house. There is a horse tied in the Starbucks parking lot with no water. It looks emaciated, etc., etc.
Their intention of course is to keep the Mules under a constant state of harassment, wear us down and keep the Mules from doing this most important job of using their constitutional right as well as everybody else’s to move freely and spontaneously in this country. The Mules have never been charged or cited for anything other than our God given right to stop and sleep at night, such as our arrest on National parks land in Thousand Oaks, CA. The Mules will never be worn down as we have access to endless amounts of energy harbored in the nation, the 3 Mules nation, from which we come. When one Monk falls another Monk appears brought forth by the force of energy accumulated and acquired throughout our history dating back hundreds of thousands of years living with respect and reverence for this sparkling jewel suspended in the mist of time we call Earth.
