The Mules follow-up letter to the Golden Gate Bridge Manager and Bridge District Board of Directors

The 3 Mules are going to the north Vista Point of the Golden Gate Bridge where they will be watched by a friend, while the Monk walks across the bridge to the Bridge District office on the south end to deliver this letter and Declaration of Emergency to the Bridge Manager and Bridge District Board of Directors. We will also be sending copies of this letter to Governor Jerry Brown, Mayor Ed Lee and various news outlets that have been following and inquiring about our journey.

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Golden Gate Bridge

Who Dee Doo, Lady and Little Girl on the trail to the Golden Gate Bridge

Last week, we were asked by park police to provide 24-hours notice when we were ready to cross the bridge. On Monday, we called the park police phone number provided to us on Friday, and were told to call the Bridge Manager’s office to confirm the crossing. Thus we called the bridge manager’s office informing them that the Mules planned to be at the bridge at noon. They said okay and sent an email to call Park Police dispatch an hour before ready for transport. We were also told on Monday that the Mules had permission to stay at the Park Police stables in the Presidio on Tuesday evening.

Based on emails that I saw yesterday, I understood that arrangements had been made with the bridge manager and National Park Service as we had did what we were told last week. This morning, I didn’t turn my cell phone on because I didn’t think that I needed to. My objective in the morning was to get to Sausalito City Hall to deliver the Declaration of Emergency before heading to the bridge.

When I arrived at the Golden Gate Bridge, I was informed by U.S. Park Police that they were no longer going to trailer the Mules across the bridge in their mounted police trailers due to rules that they had to follow. We were also informed that the invitation to stay at the stables was rescinded and that we were not allowed to be anywhere within the Presidio because it is a residential and business area. If we were trailered, we would be required to be dropped off by Ocean Beach. The U.S. police required vaccination papers on the Mules, which we don’t have, thus they said the mules could not be transported in their trailer or stay in their stables. This was told to us when we were at the bridge. They said this is to prevent risking the health of their horses by unknown animals.

We called the Bridge Manager who said that this issue was out of his hands, and that there was nothing on his end that he was able to do. While standing at the bridge, we were surprised that this arrangement crumbled since emails and phone calls last week and Monday from Bridge Manager and Park Police indicated everything was okay.

When a very nice person heard about these last minutes development, they immediately drove from Sonoma County to the Golden Gate Bridge with a large horse trailer to trailer the Mules across the Golden Gate Bridge. However, as upsetting it was to them for the time they took to do this kind deed, we refused their assistance as we were truly taken aback by everything we had just heard from the U.S. Park Police when we arrived.

The Mules and all venues have an equal right to use the public thoroughfare. It is public. It is open to all comers. It is the tool we use to move freely in this country. Highway 101 was built and now maintained at huge expense with taxpayer money. The bridge authority was given the right to charge tolls to those that use the 101 public thoroughfare crossing the Golden Gate, but should not given the right to exclude any segment of the public that needs to cross the bridge. Mules being one of those segments.

Monk walking across Golden Gate Bridge east sidewalk 2013

The justification provided by Bridge manager is for safety. Any common sense mind agrees that there is no safety issue at all. The eastern side walk of the bridge is closed to pedestrians at night, but open to cyclists. We requested an exception to walk across the bridge at 2AM when there is little bridge traffic and no pedestrians on the bridge. The sidewalk is still wide enough for a bicycle to pass at 2am. So this is not a safety issue.

Little Girl and Lady, San Francisco 2014

Last year the mules walked through the San Francisco Financial District, Market Street, the Embarcadero, and Fisherman’s Wharf where it is crowded with people and cars. We had no safety issues. We have walked throughout California without safety issues.

We did not accept a trailer ride offered by the supportive lady from Sonoma simply because the energy of our life (journey) in large part is the right to equal use of the public thoroughfare. It is the lifeblood of this ages old nomadic life which we still practice and enjoy. If the bridge authority can successfully put forth a common sense argument in the public court of common sense and deny the Mules their right to walk across the Golden Gate Bridge, it then must take full responsibility to arrange for a trailer assisted crossing.

The Mules are creating a blueprint by which anybody traveling with their mule, horse, llama, donkey, etc. can cross the Golden Gate Bridge.

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Mr. Chen Guan Ming

Chen Guan Ming on his tricycle

Awhile ago, I heard the story about a Chinese farmer named Chen Guan Ming who has been traveling the world since 2001 peddling a one speed, heavy tricycle loaded with his gear and pulling his rickshaw with a rope to get up mountains, visiting 23 countries and over 87,000 miles.  He sleeps outside in his rickshaw with his belongings and by news accounts has been redirected to remove himself from riding on a few public thoroughfares by police for safety. My interest in Mr. Chen grew greater when I heard that he had entered California. I wondered if our paths would cross. But before we get to that, here is some background about Mr. Chen.

The Olympic Rickshaw Rider cycling around the world 
In 2008 at age 53, Chen decided to ride his three-wheel rickshaw 497-miles from his village to the Olympics in Beijing. He rode around 1,700 cities in China to celebrate the Beijing Olympics and was dubbed the “Olympic madman.” Filled with the Olympic spirit, in May 2010, he decided to embark on a truly epic journey. A two-year rickshaw ride from eastern China to London, England, the host of the 2012 Olympics. His long and tortuous route took him through some of the world’s most troubled regions and difficult terrain including flooded Thailand,  the Himalayan foothills, war-torn Afghanistan and Pakistan. But despite the condition, and being turned away from Singapore and Myanmar, he finally made it through 16 countries that also included Vietnam, Turkey, Italy, France, where he took a ferry to England and arrived in London in July 2012.

Because nobody knew he was coming, nobody in London welcomed Chen. And with no English to explain his rickshaw odyssey to the locals, it didn’t look like anyone would recognize Chen’s feat. One man, John Beeston, spotted Chen slumped over the handlebars of his rickshaw. Using his limited knowledge of Mandarin Chinese, Beeston discovered Chen’s amazing story and set out to tell the world. Only a few days later, Chen had spoken to BBC and CNN, been awarded a ticket to the opening ceremony of the London games, and been honored at a dinner held by the Chinese Olympic team. Energized by the that journey to the London Olympics, he set his mind to ride to the 2016 Olympics in Rio De Janeiro, Brazil.

In June 2013, he flew from London to Nova Scotia, traveled west across Canada, entering the United States in Washington in January 2015, riding through Oregon, and entered California in February.  After KRCR News found him traveling through Red Bluff and ran astorythe 3 Mules began receiving more messages from followers about Mr. Chen traveling through California and we were informed about his Facebook page with posts on his whereabouts.

Little Girl, Who Dee Doo and Lady

The Mules Close encounter with Mr. Chen
While Mr. Chen was in Northern California riding south to Los Angeles, and we (the Mules) turned around in San Diego to head back north, I kept tabs of his progress. I wondered when and where our paths would cross since we were both following Hwy 101 going in opposite directions. On March 21, I found out an hour after the fact that we were both in Santa Barbara riding/walking on the same road. However, the Mules missed seeing him by a mere 30-60 minutes as we had experienced a delay in our morning start. However, I still felt it was really cool that someone who I have been following and cheering virtually from afar was so close by, but we had no way to catch up to him at our 3mph speed.

The Mules in front of Orland City Hall

Out of the Who Dee Doo
Fast forward to July 6, 2015.  Woke up in the morning on the Sacramento River, packed up the Mules, and started walking on Hwy 32 going west towards Orland. We got to Orland around 2:30 and went to the city hall to deliver the Declaration of Emergency. We then walked through Orland to Hwy 99, where we decided to we would go south to Willows. Around 3:00, there was a nice green grassy spot along the side of the road for the mules to stop and eat.  As I was sitting on my water bucket letting the mules graze, a gentleman named Omar approached and introduced himself. He looked us up on 3Mules.com and appreciated what we were doing. We said thank you and then we had a conversation that lasted for awhile. He asked us if we liked peaches and said he would bring us back some peaches from his tree. When he came back, we continued our conversation.

Omar and Mr. Chen

During one part of our conversation, he started out by saying “There was a Chinese gentleman that came here with his bicycle…”

I immediately said “Mr. Chen!”

“That’s right!” said Omar.

He then took out his Smartphone and showed us a picture that he took of Mr. Chen near the same exact spot that we were currently sitting.

Thus, we think this is something that comes out of the Who Dee Doo. Because if we hadn’t decided to change course and stop in that same exact place at the time we did and wait awhile, we would never have met Omar, who met Mr. Chen, a person we have great interest following on his inspiring, epic world journey to “promote the Olympic spirit, hope for world peace, and protecting mother earth.”

This is the energy, magic and mystery of this place that we seem to encounter frequently along our journey and where we find ourselves in this point in our lives.

Omar with Lady and Little Girl (Who Dee Doo on other side of Lady)
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Wheatland, CA

We stopped here last night. We were not here more than half an hour when a CHP officer showed up. He got out of his car and asked us what was up. We told him that we were stopping here to rest for the night. He said he was responding to a number of calls that we were walking in the middle of the road.

My answer to that was that we were not walking in the middle of the road. We were walking on the side of the road due to the fact that there was no shoulder to walk on, thus it forced us to walk on the edge of the road. We had a right to do so. We have every right to use the public thoroughfare as the automobile. 

The officer went back to his car and talked to the office. He returned and said he was merely concerned that we don’t get hit. He handed me back my I.D. and was on his way.

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Livingston, California

On May 24, Ruben Chavez, police chief of Livingston, CA, e-mailed the Mules: “The mules are welcome to stay in Livingston for water, food, etc. We currently have two rescued horses we use for mounted patrol. We would love to have you stay with us. We also have charros who ride through town daily. We are equine friendly, so please call me if you have any questions.”

We responded to the email and called Chief Chavez and accepted his offer to stop and rest for a couple nights in Livingston.

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Halliburton – Bakersfield

On the night of 4/29/15 at 6:30pm, we were cited by Kern County Sheriff for criminal trespassing on Halliburton Corporation land. A Halliburton security guard asked us to leave. We said that we would, so we packed up and were walking off Halliburton land when a Kern County law enforcement officer appeared walking towards us and asked us if we would talk to him. We said no and continued walking off of Halliburton land when we were then forcibly stopped by the enforcement officer and eventually charged with criminal trespassing by Halliburton.

This is obviously an American corporation that has no regard or respect for what the Mules represent and live for respect and reverence for this planet and all its inhabitants. We had walked 20-miles. The mules were deserving a good nights rest. They had been carrying the energy of balance all day for people to feel and experience as only they could. There was no good reason for the mules to be treated like this by Halliburton Corporation.

Here are photos of the citation and the open, empty lot that we were told to leave.

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Share the Road

Hwy 150 – Public Thoroughfare

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

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

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

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

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

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

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

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

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

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

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Ventura Police $132 Administrative Citation

Synopsis: On March 16, 2015, after buying a soda at Big Lots, Mule was eating lunch with the mules in a quiet, shady area of the Big Lots parking lot when five Ventura Police cars surrounded them. Ventura Police issued a $132 administrative citation for “Control of Domesticated Animals – Running at Large”. The Mules were not running at large. The Mules followed procedures to contest the citation. This contest was rejected by the Ventura Police Administrative Review Officer, after which the Mules contacted attorney Steven X. Schwenk who requested an Administrative Hearing. On June 15, 2015,  Ventura Police Department sent a follow-up letter stating that the “Animals at Large” citation will be vacated, stating “This Department’s investigation has determined that there is insufficient evidence you were responsible for violation of the SBMC section as cited.”

March 16, 2015

The Mules were peacefully taking a break in a shady spot yesterday when five Ventura Police cars surrounded us. Ventura Police issued a $132 administrative citation for walking in their city.

“San Buenaventura Municipal Code Chapter 8.050, Article 6 Control of Domesticated Animals Other than Household Pets, Section 8.050.660. – Running at large:

It shall be unlawful for any person owning or having control of any animals, rabbits, poultry or domestic fowl, other than household pets, to permit the same to run or go or be at large upon the premises of any other person, without permission so to do, or on the street or public places within the city.”

March 18, 2015
The Mules researched how to contest this citation. This is what is written on the Ventura website. The information on the website conflicts with what is written on the citation. However, we will meet the earlier deadline and hand deliver our paperwork to contest the citation.

March 19, 2015
Ventura County Star published an article today about Monday’s incident in Ventura. Article states that “Police said the managers of Wendy’s and Big Lots called to complain”. Mule went into Big Lots to buy a soda. While inside Big Lots as a customer, Mule was never told that he was not allowed to shop in the store. Big Lots accepted money for the soda.

Big Lots shopping receipt

After buying the soda, Mule returned to the parking lot to eat his lunch and was never approached by Big Lots or Wendy’s managers they could not be there. The mules were hitched in Big Lots back parking lot in an empty, quiet section to keep the mules safe from cars and not near Wendy’s. Google satellite image of where mules were at in parking lot as well as photos that Mule took in parking lot of location.) No sign in the parking lot posted that horses and mules are not permitted.

Article also states that “mules were leaving traces of their visit in the parking lot.” The police witnessed Mule clean up the droppings immediately after it happened.

Article quotes Brian Brennan, former Ventura City Council member, “In the city of Ventura, you can still tie up horses on Main Street – an old law never taken off the books.”

Mules were given an administrative citation for San Buenaventura Municipal Code Chapter 8.050, Article 6 Control of Domesticated Animals Other than Household Pets, Section 8.050.660. – Running at large: It shall be unlawful for any person owning or having control of any animals, rabbits, poultry or domestic fowl, other than household pets, to permit the same to run or go or be at large upon the premises of any other person, without permission so to do, or on the street or public places within the city.”

March 25, 2015

We the Mules left Montecito this morning on our way to Ventura, California to deliver our completed contest form and additional letter of evidence to Ventura Police Department, and Ventura City Mayor contesting the citation that was written against us the Mules for animals running at Large (SBMC) 8.050.660. We will probably arrive there Thursday. Below is what we sent.

Note: Not publicly sharing pages 5-7 to keep witness accounts private.


Ventura City Hall

March 27, 2015
The Mules arrived at Ventura City Hall in the afternoon and presented the DOE, MCL and the Request Review Form (contesting the citation (SBMC 8.050.660 Running at Large written against us by the law enforcement arm of the Ventura Megatropolis) to the city manager Mark D. Walkins, who happened to be passing through and said he would see to it the Mayor, police chief and the Administrative Review Officer, each get a copy delivered to them that we provided in three envelopes. The Mules said thank you then left, got back onto the public thoroughfare (all city, county and state roads) and proceeded to travel north on our ages old migratory journey north.

The public thoroughfare in this country belongs to the Public. It is our freedom – the right to wake up in the morning and choose where you go, how you go, when you go – must be held sacrasank. It is the basis on which so many have given life and limb to protect and preserve. For any Megatropolis and its official, Ventura and others who make and pass laws, codes, ordinances that restrict any by denying the use of the public thoroughfare to any one of the citizenry are engaged in a blatant act of illegality.

While everybody is distracted and worried about issues that the officials tell the media to put in front of the public, the Megatropolis is sneaking through the backdoor using ordinances and codes to destroy the public access to the public thoroughfare.
Watch the Mules. The Public Thoroughfare is our life blood for to lose it is our death we know this, so we will resist this all day, every day, one step at a time.

May 12, 2015

Ventura Police Department sent letter that our request to contest the citation was rejected.

Upon receiving this rejection letter, we contacted attorney Steven X. Schwenk located in Mill Valley, CA to represent The Mules.

Mr. Schwenk agreed and sent a letter as well as spoke with Ventura City Clerk requesting an Administrative Hearing to discuss the rejected initial Administrative Review

June 15, 2015
Ventura Police Department sent a follow-up letter stating that the “Animals at Large” citation will be vacated, stating “This Department’s investigation has determined that there is insufficient evidence you were responsible for violation of the SBMC section as cited.” Thus, no in person Administrative Hearing was required.

Thank you Attorney Steven X. Schwenk for stepping up to represent The Mules pro bono with willingness to travel from Mill Valley to Ventura to defend us in court for this citation that we did not believe was valid in the first place.

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Why I Am Helping John Sears Appeal His Case Pro Bono

By Dan Kapelovitz

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

I had to investigate what this was all about.

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

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

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

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

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

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

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

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

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

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

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