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.
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.
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.
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.
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.”
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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.
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]
Little Girl in front of Rancho Cucamonga City Hall
When we went to Rancho Cucamonga to deliver the Declaration of Emergency (DOE) to City Hall, we went to the mayor’s reception desk and gave the DOE to the receptionist. She said she would see that the mayor would get the document (DOE). Upon returning to my mules, a police officer and a lady approached us (very friendly) with the DOE in their hands, which I was assured would be delivered to the mayor. They handed us this pamphlet offering us many varied kinds of assistance.
From the above said, it said to us that the City of Rancho Cucamonga is not willing to recognize the legitimate right of a horseman/horsewoman traveling through Rancho Cucamonga to stop and rest for a night. Instead, we are seen and treated and put into the category of homelessness.
The Mules being a part of and belonging to this ages old and sacred relationship between man and horse traveling peacefully across this beautiful earth will never accept or legitimize this kind of treatment.
This morning the San Bernardino county sheriff woke us up that we were trespassing. We were resting along the canal trail (here) that many people jog on it all the time. It is getting very hard for us to go to sleep. We were informed that if we were caught sleeping again anywhere in San Bernardino county on private or city land, we would be subject to trespassing charges. Running off to the remote mountains is not an option for us either because we are also woken up in the mountains and told we can’t sleep for the night.
The mules are out here sleeping in a big vacant lot onE. Foothill and Laurel in Fontana. The police came by at 12:15AM and informed us that if we didn’t leave by the time they came back, we would be arrested for trespassing. I’ve decided not to leave as it is past midnight and dark with three mules to pack up. Police didn’t come back. We left shortly after sunrise.
While eating breakfast in Oceanside, the Mules (kids) and myself (the monk) were greeted by Oceanside police officers informing us that they received a call about two horses next to the railroad tracks. We had a cordial respectful conversation. Oceanside police concluded that the kids were a safe distance from the tracks. The officers bid us farewell and went about their most necessary job of law enforcement.
After finishing breakfast, the Mules packed up, left, and went about their most necessary job of walking and moving freely in one of all four directions, the most basic identifier of human freedom. It must not be lost, given away, or compromised under any guise or scheme. The Mules know this so they do this one step at a time all day every day.
