The Mules have become aware of Bill No. 40 and Ordinance 2017-40 entitled, Adding Article 17 to Chapter 10 of the Fresno Municipal Code relating to Unlawful Camping, which was passed by the Fresno City Council on August 24, 2017.
Section 10-1700 clearly states the purpose/reasons for the passage of this ordinance (2017-40).
REASON #1: The use of Public areas within the city of Fresno should be accessible and available to residents and the PUBLIC. The use of public areas to store personal property interferes with the rights of others to use PUBLIC areas.
3 Mules Response #1: Pictured are our belongings set on the ground demonstrating the use public space we take on any given night. There is 24 hours in a day. The Mules only claim space for approximately 8 hours during the night when most people are in their homes. This can hardly be construed as interfering with the rights of others to use a public area.
REASON #2: Health and Safety.
3 Mules Response #2: This law is casting a large net dragging the Mules into an area which we don’t belong. The law clearly states its purpose in being passed is to address the problem of people congregating in large numbers, pitching tents, and creating unhealthy conditions, such as accumulation of trash, defecation and urination, drugs, alcoholism, etc. The Mules travel alone, stay only for an 8 hour period at night in any one place, dispose of their waste in the most sanitary of ways practiced throughout the ages for thousands of years.
The Monk throws a tarp over himself, squats down, will defecate on the surface of the ground, dig a four-inch hole, and bury it if it’s applicable to do so; or, place in a bag, carry until an appropriate place is found to dispose. The Monk urinates in a plastic bottle then disposes contents in an appropriate place. Our method is similar to the suburban citizen who places their dog’s poop in a bag and disposes of it in an appropriate place.
The Monk carries a scoop, places the mule’s droppings into a bag and carries and disposes in an appropriate place. The Mules methods of waste disposal is by far superior in terms of health, efficiency and costs than the suburban model.
A citizen of the suburban model goes down the hall, turns to the left, enters an expensive, elaborate space surrounded by four walls, closes the door, sits down on a toilet defecates into a pipe that goes under the ground where it travels accumulating disease and toxicity as it makes its way to the sewage treatment plant, where it is treated with many chemicals that are toxic, then is released into the environment via creeks, rivers, etc.
The Mules and their response to public safety. The Mules threaten nobody. We’ve traveled the Western United States for the past 33 years and consecutively in California for the past five years. We’ve walked through San Francisco, San Diego, Los Angeles and the towns in between and never hurt a soul. Our use of public areas has in no way ever created a public safety issue. We have a proven track record of 33 years living our nomadic way of life and bringing the value of that life to all the areas that we have passed though in our endless journey.
The above being understood, the Mules believe that no common sense mind could come to the conclusion that the Mules are a threat to Public Health and Safety or interfere with the rights of others to use public areas. The Mules have received nothing but positive energy from the people of Fresno as we have passed through many times before on our annual migratory journey. The Mules find it hard to believe that the 552,000 people who live in Fresno would see the Mules as a PUBLIC Nuisance, and would not want the Mules cited, taken to jail, heavily fined and the Monk and the Mule separated.
To use 2017-40 against the Mules and this ages old Nomadic way of life for things we do not do and things we are not is illegal. The Mules live under and have the same protections afforded by the Constitution guaranteeing the right to life, liberty and the pursuit of happiness as the council members of Fresno. The right to life includes the basic function of sleeping and eating.
The Mules living in this sacred place of one human being with his or her animal companions, traveled by many throughout the ages, are claiming our rightful use of public space be it city, county, state or federal land.
The Mules will no longer wade through piles of garbage, broken glass, cans, batteries, dirty clothes, chemicals, etc., etc., looking for a place to cook our dinner then lay down amongst garbage and filth to sleep the night. Nor will we try to hide from law enforcement so we don’t get cited as happened in Castro Valley, Alameda County, spending two and a half days in jail, $10,000.00 bail for nothing more than stopping to rest for the night on state land (public space) for there was no place else to go.
Sleeping on the sidewalk with a mule wouldn’t work. Sleeping with a mule in the street also wouldn’t work.
By default, city, county, state, and federal governments must make public space available to all those traveling in this country under their own power be they equestrians, cyclists, pedestrians. The Mules will no longer be forced to sleep or cook our meals amongst garbage and filth. We no longer have to and we won’t.
On the evening of September 17, we stopped here in Santa Clara Central Park in the city of Santa Clara, California. We spent half of the day walking south down the El Camino. When we approached the end of the day, I pulled out my smart phone and looked for a park which we could spend the night. Santa Clara Central Park was not far away so we proceeded to that park. We reached there at dark. We searched around and found a place (pictured) which was unmanicured, it was a rough area, it was a good place for a mule and a monk to stop, laydown on the ground and spend the night, so we did that.
Around 3 o’clock in the morning, two City of Santa Clara police officers came by and shined their lights upon us. We woke up and they wanted to know what we were doing in the park. We said we were sleeping. We came here because there was no place else for us to go. We could not sleep in the sidewalk that wouldn’t be practical. We could not go out into the street and sleep there either. So that left are the city park for us to safely lay down go to sleep.
The officer replied that was against the city ordinance of Santa Clara to be in the park after dark and that we were trespassing.
We once again replied that we had to go somewhere and go to sleep because there is no place else, the city park by default must assume the responsibility for providing anybody walking and traveling in transit from one point to the next, whether riding a horse, riding a bicycle or walking under their own power, with a place to stop and rest for the night. We did not require any fancy facilities. We did not require any benches, barbecues, none of that, just simply a bare piece of ground which we found to rest our heads and rest and sleep for the night.
The officer reasserted himself and repeated the claim the assertion that we were illegally in the park and we could not stay here.
And so we made the point once again there was no place else to sleep. Darkness was upon us and the alternative was the sidewalk or the city street or climbing in somebody’s backyard. None of the three would be acceptable and so by default to repeat ourselves, all city governments – state, county or city, must take responsibility and allow their parks to be used by anybody traveling by horse, bicycle, or foot, under their own power, to sleep at night when in transit from one point to the next, to stop and rest for the night.
The officer also stated that there was a city ordinance that did not allow any horse within 100 feet of any buildings in the city.
We responded that we have a constitutional right in this country to move in any one of all four directions when we choose and how we chose. It is in the constitution that is guaranteed to all citizens. These city ordinances prevent that and they’re illegal and they cannot stand against the Constitution of the United States.
The officers eventually decided they would relent and use their discretion and allow us to stay for the night, leave in the morning after we clean up after ourselves as we always do and proceed along our way.
After packing up in the morning, we left the park and made our way through the city streets south. Not too long after walking south on the city streets headed for San Diego, a plain clothes police officer from the Santa Clara Police Department stopped his pick up truck, got out, showed us his badge, and said he was curious as to what we were doing.
We told him about where we spent the night and our experience previously with the two officers from the Santa Clara Police Department.
We informed him that we do claim the right to use city, county, state parks when necessary to go to sleep for the night. We explained the reasons why we can’t sleep on the sidewalk, we can’t sleep in the street, we can’t climb over the fence and spend the night in somebody’s backyard.
That leaves city, county, and state parks. That’s what’s left for anybody traveling on a horse in transit from one place to the next across this country under their own power whether by horse, bicycle or foot. That is what’s left to sleep at night. It is certainly their constitutional right travel freely in this country – one in all four directions and inherent in that right is the absolute right go to sleep.
Sleep is the necessary function to keep living. If you don’t sleep you die. For any city, county, state, municipality government to outlaw the act of sleep is unconstitutional. It denies us the right to life, liberty, and the pursuit of happiness. It is totally illegal. We won’t obey them. We can’t obey them. To repeat ourselves, if you don’t sleep you die. Committing suicide is not on our agenda.
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The City of Santa Clara has its quiver full of arrows ready to shoot anybody that stops in their city to sleep. To their credit, the two officers that found us sleeping in the city park decided not to cite us nor make us leave where we were, allowing us to stay the rest of the night. In the morning, we packed up, cleaned up after ourselves and were back on the road.
City of Santa Clara Municipal Codes:
6.15.040 Keeping of horses – Restrictions. No horse shall be kept or maintained within the city except in an enclosure the outer limits of which shall be at least forty (40) feet from any inhabited or habitable dwelling. (Ord. 1879 § 1, 3-29-11).
6.05.075 Animals on City property. No person having the control or care of any animal shall permit such animal to enter or remain on City property and/or in City-owned or City-managed buildings other than a building used for the purpose of care, detention, space control or treatment of animals, or areas designated as “dog parks” or “off-leash areas,” or a building used for training classes, shows or exhibitions. This section does not apply to persons who have a visual or auditory disability and who use dogs for guidance or to accommodate a disability, to service dogs in formal training programs, or dogs used in law enforcement by a governmental agency, or persons expressly authorized by the City Manager, upon finding that the animal will not be disruptive to the operations of the City, or a hazard to persons or property. (Ord. 1879 § 1, 3-29-11).
12.05.060 Hours of operation of public parks. (a) The public parks in the City shall be open daily to the public between the hours of 6:00 A.M. to one-half hour after sunset (dusk), except:
(1) Where there is posted conspicuously a sign limiting the hours when such facility is open to the public; and
(2) Until 10:00 P.M. if and when the facility is lighted.
(b) Any such public park or portion thereof may be declared closed to the public by the Director of Parks and Recreation at any time and for any interval of time, either temporarily or at regular or stated intervals, as is deemed necessary in carrying out the duties and responsibilities of the various divisions of the Parks and Recreation Department as set forth in Chapter 2.100 SCCC. The Director of Parks and Recreation is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.
(c) Every person other than City personnel conducting City business therein, who occupies or is present in any public park in the City during the hours in which the park is not open to the public, shall be deemed guilty of an infraction, punishable by a fine of not more that two hundred fifty dollars ($250.00). (Ord. 1953 § 1, 4-5-16; Ord. 1371 § 1, 1-10-78. Formerly § 25-8.1).
12.50.010 Unpermitted camping and lodging prohibited. (a) No person shall camp or lodge on a public street (including in a vehicle parked on a public street), on publicly owned property, and other prohibited public places; provided, that nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State or local statute or ordinance.
(b) “Camping” means residing in or using any public street, publicly owned property, public park, or other prohibited public place for living accommodation, lodging, or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time not associated with ordinary use of the street, property, or public place, with one’s possessions or while storing one’s possessions (including, but not limited to, clothing, sleeping bags, bed rolls, blankets, sheets, hammocks, or other sleeping implements, luggage, backpacks, kitchen utensils, cookware, and food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the street, property, or place as a living, lodging, or sleeping accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.
(c) “Prohibited public places” means any public place not designated as a public campground pursuant to Federal, State, or local statute or ordinance and shall include the following:
(1) Public streets, sidewalks, alleyways, passageways, and rights-of-way;
(2) Publicly owned property;
(3) Public parks;
(4) Public parking lots, whether publicly owned or privately owned;
(5) Public landscaped areas, whether publicly owned or privately owned and maintained pursuant to a public landscape easement;
(6) Private property that is readily accessible to the general public, or is otherwise open to common or general use or view;
(7) Vacant lots;
(8) Drainage culverts and basins. (Ord. 1834 § 1, 4-15-08).
Ironic that the City of Santa Clara has a plaque honoring a man with a horse, but current municipal codes don’t allow horses anywhere within the city limits anymore.
On May 22, 2017, the Mules crossed over Donner Pass, elevation 7135′, using Old Highway 40 and over the historic Rainbow Bridge. We went down the grade past Donner Lake. Having walked about 15 miles, we came upon Donner Memorial State Park. It was about 4pm. We decided to stop for the day and Donner Memorial State Park was the obvious place to rest for the night.
We entered the park, tied Little Girl to a lamp pole in the parking lot and went to the park’s visitor center. We approached the ranger behind the desk and asked if the Mules could spend the night. The ranger responded, “Absolutely not. Park regulations forbid any equestrian use inside this park.”
The Mules pay taxes. We pay between 9% to 10% sales tax on everything we buy. Everybody knows business doesn’t pay taxes, people do. When the Mules buy a product, they have paid most of the taxes that were levied by the State to get that product inside the store and onto the shelf.
The Mules ask only for the most bare bones use of the park. Simply put – enter the park, walk to the corner behind the maintenance yard, secure the mules to the fence, remove the packs, make the Mules comfortable for the night, put our bed roll on the ground, sleep, rise in the morning, clean up after ourselves and leave as we came living and walking with respect and reverence for the Natural World.
To deny the Mules or any equestrian this most bare bones use – pennies on the dollar cost to the Park system is blatantly illegal.
The Mules will be bringing the creative, magical energy of the nation, the Three Mule Nation, to make this request for an equestrian to use a state park to stop and rest for a night to every park by which we pass on our endless journey through time and space.
Upon arriving here last night within the city limits of Ripon, we the Mules were informed by the Ripon City Police that the Ripon City Council had recently passed a no camping law forbidding anybody traveling by foot, bicycle or horseback from stopping anywhere within city limits of Ripon on public space to sleep for the night.
Ripon City Hall
The above being understood, we the Mules have taken it upon ourselves to deliver this day 4/24/2017 Mule Proclamation number 2645-A to the Ripon City Council.
PROCLAMATION #2645-A states:
Anybody traveling by foot, bicycle, horseback, crutches or wheelchair using their own physical resources to do said within the constitutional boundaries of the United States is doing so under the constitutional guarantees to move freely in anyone of all four directions, how you choose, when you choose. Stopping to sleep for the night is a necessary component for our right to move freely. For if the necessary function of sleep is denied, all other human activity and living experience is also being denied. To put it short and sweet without sleep, you die.
The Mules have come to the inevitable conclusion we cannot obey this law for to do so will be our death.
For any municipality and its city officials within the constitutional boundaries of the United States to spring forward and declare this most necessary function to life itself sleeping to be illegal and subject to heavy fines and jail time is a slap in the face in blatant disregard to all those who have given life and limb throughout this country’s history to protect and preserve humanity’s God given right to move freely.
The Mules will not give up this right. We’ve been here for hundreds of thousands of years. We haven’t given it up then nor will we now. The Mules invite the mayors and city council members of the many towns which the Mules will be traveling through to send their explanations and justifications as to why they have passed the no camping law in their town. The Three Mule Nation will be interested to hear the rational for enactment of such laws to be used against people traveling via non-motorized vehicles by foot, bicycle, horse. The Mules will gladly post their response in its entirety on our website 3Mules.com, Facebook, Instagram and Twitter pages.
Highways are Public Thoroughfares. They are the means by which the Mules or anybody else moves freely from one place to the next. The Public Thoroughfare is public for the general public. It cannot be claimed exclusively by any singular use – in particular the high speed machines be they private or commercial.
Anybody traveling by horse, bike or foot all day has the absolute common sense right to stop and rest on the Public Thoroughfare. Any law, regulation or constructing the thoroughfare to limit its use to any one venue over others is absolutely illegal.
The Mules will continue to use the Public Thoroughfare to move freely and responsibly in all ways applicable to our nomadic way of life. We have been here for hundreds of thousands of years and will remain here for hundreds of thousands more.
On Friday, June 24, 2016, the Mules arrived in Clovis, CA. We got onto a nice multi-use trail in the afternoon and were heading north. Upon walking for awhile, we met a TV news crew from KMPH and they asked if they could ask questions and take film for their FOX26 KMPH 10:00 news broadcast. We said sure.
The Mules at Trader Joe’s parking lot
We went to Trader Joe’s to buy some cranberry juice, then went back to the trail.
It was getting late so we decided to stop off to the side of the trail and rest for the night. A lady named Janeen brought the Mules some hay when we were at Trader Joe’s so they (the kids) were set. [Thank you Janeen for unexpectedly appearing out of nowhere and bringing the kids hay and carrots for their dinner.]
After fixing and eating my dinner, I was sitting on the water bucket on the Fresno-Clovis Trail, relaxing and enjoying being off my feet. At about 9:30pm, two officers with flashlights from the Clovis Police Department came upon us wanting to know what we were doing. We said that we have stopped here to rest for the night. The officer said the city council of Clovis says no camping in the city limits of Clovis. We said we were not camping, we have stopped here on this public right of way to rest for the night.
The officer said they were responding to calls from citizens about us being here. We said we were exercising our legal right to use a public thoroughfare and any attempt by the use of codes, regulations or laws to deny us that right shall be considered blatantly illegal.
The officer returned to his cruiser, came back in a reasonable amount of time, used discretion, in regards to the no camping law and said we could stay for the night if we would agree to leave in the morning. We said yes we would, which was stated intention.
So the kids and myself slept peacefully through the night, arose in the morning, ate breakfast, packed up and were on our way for another day living in balance with the Natural World all day, every day
Note: The Public thoroughfare in a free country must be open to all comers. The Mules are one of those comers. Our use of this thoroughfare is not the same as those who live, eat, play, and sleep inside houses then come out of those houses for some fresh air and exercise.
The Mules wander freely throughout the day then stop and use the public space to rest for the night. Any law that prevents the Mules from resting and sleeping, a most necessary function to sustain life, must be considered by any common sense mind, to be illegal.
With the above being said and understood, the Mules will not and cannot obey these no camping laws. For to do so will be the end of us. This place of any one human being wandering with his or her animal companions, has access to many dimensions. This dimension on this earth is the one we love the most. The Mules will not be removed from it. Long live human beings and their connection to Earth. There is no future without it.
What happened last weekend in Lake Shasta (link to Los Angeles Times article) is when people are disconnected from nature and live separated from the Natural World.
Living our ages old, nomadic way of life for over three decades, we the Mules hold Mother Earth with very high value and respect. We leave no trace wherever we stop for the night.
The article states that “Rangers don’t want to ban the students because their visits stimulate the local economy.”
In May 2014, the Mules were sleeping at night and woken up by federal rangers. Monk was arrested and the mules were impounded because we refused to leave in the dark for our safety. The Rangers refused to let us wait until sunrise.
Even though one 68-year old monk and his three animal companions have high respect for Mother Earth all our lives and never have and will never do something as atrocious as these hundreds of adults at Lake Shasta, our ages old, nomadic way of life is not acceptable in the suburban model, so we are jailed, penalized and convicted for our way of life of living outside all day every day.
However, large groups of college students (who are also all adults and not kids) that descend to Lake Shasta each May is acceptable, because they fit the suburban model by stimulating the economy even though they have no respect for the Natural World and Mother Earth. Their penalty for their behavior is suspension from participating in university’s social activities.
The Mules are still waiting to hear from the 9th Circuit United States Court of Appeals in our appeal to clear our conviction.
Saturday, April 30, 2016, we left Griffith Park where we stayed for the night. While grazing the kids, we met Brian. He rode 12-miles with us on his really big horse to the United States Court of Appeals Ninth District courthouse in Pasadena.
Thank you Brian and friend for giving your hope faith energy to this most important case of one human being (all of us) traveling with his or her animal companions across this country and the absolute right to stop and rest (sleep for the night) on public space.
Synopsis: On May 9, 2014, the Mules were arrested by the National Park Service and issued three citations for camping outside of designated area, violating order of a government agent, and conditions concerning use of pack animals in the Santa Monica Mountains National Recreation Area.
On July 16, 2014, the Mules attended an arraignment at the United States District Court in Los Angeles and pleaded not guilty and a trial date was set for November 6, 2014.
At the trial on November 6, 2014, the Mules were charged with 1) not obeying an order of a federal employee; and 2) camping in an undesignated area on national park land, while the third charge related to the pack animals was dropped. If found guilty on these charges, the maximum penalty for this petty offense was term of six months imprisonment, $5000 maximum fine, $10 special assessment for misdemeanor conviction, $25 processing fee payable to the Central Violations Bureau, and five year probation period. The Mules pleaded not guilty and were found guilty on both charges with no imposed penalties or fines, but were assessed a $35 court fee.
The Mules in front of the U.S. District Court of Appeals Ninth District in Pasadena
May 2, 2016: Oral Arguments. The Mules attended Oral Arguments before a three-judge panel in the U.S. District Court of Appeals Ninth District in Pasadena. The defense for the Mules and the government prosecution each had 15 minutes to provide their argument in front of a three-panel judge. Click to watch U.S. Court of Appeal Ninth Circuit Oral Argument court video recording:9th Circuit Court of Appeals video recording United States of America v. John C Sears 5/2/2016.
Thank you to Kevin who once again brought his energy and support to the Mules by taking care of the kids by watching them and our belongings while I was in court for the initial trial in Los Angeles and this Oral Argument in Pasadena.
On June 15, 2016, the 9th Circuit U.S. Court of Appeals affirmed the magistrate judge’s finding that the Mules were guilty of violating two National Park Service regulations.
Click to read ruling 9th District Decision 6/15/2016:
To hear post-court discussion between John Sears and pro bono attorney Dan Kapelovitz, click here: https://youtu.be/eNIc2_TjcME
——————————————————————————————— Statement from the Mules in response to the Ninth Circuit Court of Appeals decision: On May 2, 2016, the Mules appeared at the Ninth Circuit Court of Appeals in Pasadena to hear our appeal before three judges brought forth by the Megatropolis to decide whether the Mules or anybody else, hiker, bicycle or somebody traveling in a wheelchair, in this continental United States has the right to use public space to stop and rest for the night.
The National Parks are without question public space. They belong to all of us and they must be open to all who seek use of them in ways which conform to the mission of bringing people into the Natural World with reverence and respect.
The Mules and the way of life they live are a stellar example of that mission. When the Megatropolis uses its courts and judges to deny the Mules that most necessary function of life (rest) on a National Park, its subverts the mission of the Natural Parks – bringing people and the Natural World together in a natural way as opposed to the Megatropolis way (man-made world way) arriving in an air-conditioned bus with all the comforts of home.
The Mules on this day, September 13, 2016, have declared themselves to be the official mascots of the Natural Park system. One human being wandering in one of all four directions with his or her animal companions with reverence and respect for this totally unique sparkling jewel in the universe – our home EARTH.
Hence, the Mules, in the process of performing their duty as the official mascots of the Natural Parks, will bring clarity, direction and purpose to administering the mission of the National Parks. Rather then continuing down the slippery slope of the commercialism which is destroying the National Parks.
2/6/2015 Appellant Opening Brief. Mule’s legal representative Daniel Kapelovitz has submitted an appeal to the United States District Court, which has ten days to respond.
3/2/2015 Reply Brief. Mule’s legal representative Daniel Kapelovitz has submitted the Reply Brief to the Government’s Answering Brief Outcome: The Judge stood by the initial ruling and rejected the appeal.
