U.S. Court of Appeals for the Ninth Circuit – Oral Argument Scheduled for USA v. The Mules

On May 2nd 2016, we the mules will appear in Pasadena to attend our appeal  before the 9th circuit. Our pro bono lawyer Dan Kapelovitz represent his oral argument as to why we should be found not guilty. The court will only listen and decide the case on the fine points of the law. The Mules arguments against our conviction will not be accepted or heard by the court but they will be felt by everyone in and around that building for years to come. And that is the ongoing mission of the Mules to spread the magic and mystery of this ages-old nomadic way of living for that is the key to true happiness and to be without it is the key to true misery.

Any law passed by federal, state, county, city government that denies any form of life on this Earth the basic functions such as sleeping, eating et cetera that are necessary to living that life is illegal, unconstitutional and un-everything. The implementation of such a law under any guise or pre-text is to refute and deny the process of life itself. It’s wrongheaded, upside down and backwards. It brings ultimate meaning and definition to the word of insanity.

All life on this Earth from the microbe to the whale engages in two basic kinds of activity – motion and rest. It goes back and forth from one to the other until it wears out and dies. The Megatropolis (man-made world) by its passage and use of laws, ordinances and codes, when enforced denying any form of life any one of these two basic functions -motion and rest – granted to life by God and creation, is a blatant act of illegality against the Earth and all its inhabitants.

This is exactly what was done to us the Mules when we were arrested, charged and convicted by the National Park Service for engaging in one of the two most basic acts to life on this Earth – rest. We the mules have lived on this Earth with reverence and respect for hundreds of thousands of years in harmony with God’s creation we will not be run off the Earth by the Megatropolis and its most favorite child the suburban model – buildings, freeways, machines, outrageous noise, poisoning air, food and water. We will persevere and see another day brought about by thousands of buffaloes appearing on the horizon with the magic and energy of a strong healthy natural world.

United States Court of Appeals for the Ninth Circuit Oral Argument Notice for USA v. John Sears is scheduled for May 2, 2016. We don’t know what order the oral arguments will be held yet. Each side in our case is scheduled to get 15 minutes of argument. Our lawyer has informed us that it is possible that once this case is assigned to the 3-judge panel, they could decide to take the oral arguments off calendar and just decide the case based on the briefs. As we learn more, we will post and share what we know on here on 3Mules.com and on our Facebook page. On May 2, 2016, we the Mules will appear in Pasadena to attend our appeal before the 9th Circuit.

In regards to those who want to donate money for this case…we are not requesting money. Money will not win this case. Hope, faith and energy given freely by people is what will win this case in the end. This case is everybody’s freedom to move in this country when we choose and how we choose and our connection to this earth and our humanity.

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Simi Valley, California

On Tuesday, January 12, 2016, while walking down the street going through Simi Valley, we encountered a couple of Simi Valley Police officers who stopped to talk to us. We had a friendly conversation. They wanted to know about our journey and we told them and we proceeded on our way through Simi Valley.

As it was getting dark, we found this location to stop to rest for the evening about 50 feet away from the the railroad tracks. I picketed the mules onto a fence.

Around 6:30am this morning I got up, checked the mules, then started fixing my breakfast when Simi Valley Police appeared and informed me that they received a phone call that there were loose horses along the railroad tracks. Of course, they saw that this was not true. The mules were not loose and secured on picket lines. The officers informed me that I was on railroad property and trespassing and I had to leave.

The officer were nice about it and asked when we would be leaving. I told them that I was in the process of leaving as soon as I finished eating my breakfast in about an hour or so. We fully intended to leave and be on our way. They said fine.

As they were leaving, one officer informed us that we could not trespass on railroad property and if we ever returned here again, they would have to arrest me and impound my mules. They said that they were notifying me of that so hopefully that would not happen. I said it wouldn’t.

Before they left, I said that being the case, there is really no place in Simi Valley to stop and rest for the night. Because of that, the next time I come through Simi Valley we’ll have to use public space, county, city, state parks to to exercise our right to stop and rest for the night. They didn’t say anything and that was the end of the conversation.

This is a perfect example of how all space in this country is being taken away. You have to have access to public space to exercise your freedom to move freely in this country. If you don’t have it, you don’t have any freedom. You can’t have one without the other. To walk freely and to move freely in this country when the end of the day comes, one has to be able to stop and rest. And if there is no space for that, you in effect have no freedom at all.

This kind of occurrence is constantly happening to us. Public space must be available to stop and rest for the night. We’re not talking about staying and putting up a tent and staying for long periods of time day in and day out. We’re only talking about a stop for the night, resting, and continuing on our way.

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Whittier, CA

As I was making my oatmeal and the kids were eating their breakfast of alfalfa hay that Sofia brought to us last night, a whole lot of Whittier police showed up. They said that we couldn’t camp here. We said that we were having breakfast and will leave. The officers were all very friendly, asked the usual questions, took pictures and then left. We ate our breakfast, packed up and continued on our way to Pasadena.

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Mules and the God given right to rest

Pictured is another stellar example of the Mules stopping to rest. All forms of life on this earth from the microbe to the whale engages in activity and rest through its lifetime.

For the Megatropolis (man-made world) to make up a law with the stroke of a pen that inhibits and prevents any form or way of life from engaging in this life-sustaining process is illegal.

The Megatropolis has enacted a law 647(e) penal code (the illegal lodging law) in the state of California which prevents the Mules from stopping to rest for any given night.

The Megatropolis is seeking without doubt to remove all other ways of living on this earth other than its most favored child – the suburban model.

The beauty, mystery and magic of our day in and day out relationship with our ages old companions, Bears, Wolves, Elk, Salmon and many others is now for the most part over. The Beauty now resides in the self-sustaining act of resistance.

Viva La Resistance
Viva La Mulas

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Lake Forest, CA

Yesterday afternoon after we delivered the DOE to Lake Forest City Hall, we stopped on this little tiny dirt trail going down a canyon. With grass along the side and isolation from the traffic on the street, this was a good place to stop and make our dinner. As we were making dinner, a gentleman on the other side of the fence (commercial property not residential) approached and wanted to know what we were doing. We said we were traveling and stopped here for the night to rest. He said okay and left.

Shortly afterwards, a Lake Forest Police officer showed up. He was very nice and wanted to know what we were doing. We explained and gave him our information. He said said, “Okay, you’re just staying here for the night to rest, you’re not camping, right?” We responded yes, we will be leaving in the morning. The officer said okay and then left. These are photos of where we spent last night in Lake Forest.

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Irvine, CA

11/26/15 Irvine, CA (Check) On Thanksgiving night, November 26th, the Mules were peacefully resting in a big empty lot located here in Irvine when somebody on the other side of the fence called the police to report us being there. Click here to listen to audio recording of our conversation with Irvine Police officer.

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Public Open Space – Closed at Dusk

Pictured are the gates to a public open space we passed by yesterday. The sign says closed at dusk – you better not be caught inside. Anybody in transit traveling in this country by wheelchair, crutches, backpacking, bicycle or walking, riding with their animal companions must have the use of public space to stop and rest for the night. To deny them this space is to take away the right to move freely in this country. A right that so many in this country have given life and limb to protect and preserve.
 
Watch the Mules. We use and exercise this right all day every day. We have to. Without it, our ages old nomadic way will cease. The Mules consider it to be an honor to be in service to this most cherished right. We honor those who have given life and limb for it by the way we live. THANK YOU.

The Mules

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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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