Tag: Right to Rest

The San Luis Obispo Megatropolis vs the Mules

On May 29, 2014, we were issued a citation by San Luis Obispo Police Department for illegal lodging 647(e) penal code. We were to appear in court for arraignment on August 14, 2014.

We requested a postponement to December 11, 2014. It was granted. On July 10th, the Mules received a notification from the District Attorney that charges would not be filed at this time. Therefore, it would not be necessary to appear in court on August 14, 2014.

Due to the confusion between the D.A. and court regarding court dates, we did not appear on December 11, 2014 for arraignment. A warrant for our arrest was issued. We contacted the court to clear the warrant. The warrant was reminded and a new court date February 19, 2015 was issued.

The Megatropolis concerted efforts to prevent the Mules from moving freely in this country using the 647(e) penal code and similar ordinances and codes is very much alive as this case demonstrates. The Megatropolis operates on controlled and contained energy be it human, animal, wind, sun. Any motion it must contain and control before it can satisfy its insatiable appetite for it.

The Mules operate on and are connected to an infinite source of free-flowing energy. For the Megatropolis to get access to this infinite source of energy of which the Mules have made on ages old alliance it must contain and control the Mules. Of course if this happens, it is a bullet to our heads. We know this so we will resist this all day every day one step at a time.

The Mules

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Ventura, CA

About 4pm, while grazing on a vacant lot, we were approached by Ventura City Police, who told us that they knew who we were, and if we stopped within city limits to sleep, it would be considered illegal camping, in which we would be arrested and the mules would be impounded. We moved from this location and were not cited.

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Thousand Oaks Arrest

November 12, 2014:  Arrested by Thousand Oaks Police 
This evening the Mules were resting in an open field in Thousand Oaks when a deputy told us we could not camp here. We told him that we were not camping, just staying the night. Since we would not move, I was arrested and jailed, and the mules were sent to Animal Services in Agoura Hills.

November 13, 2014: Released
Released from jail at no cost. The mules were released from animal services after paying $514 fee.

November 19, 2014: Ventura County Police encounter 
About 4pm, while grazing on a vacant lot, we were approached by Ventura City Police, who told us that they knew who we were, and if we stopped within city limits to sleep, it would be considered illegal camping, in which we would be arrested and the mules would be impounded. We moved from this location and were not cited. We are in Ventura as we have a hearing for the Thousand Oaks citation at Superior Court of Ventura County in the morning.

November 20, 2014: Superior Court of Ventura County hearing
The Mules appeared at Superior Court of Ventura County charged with committing an infraction by violating Thousand Oaks Municipal Code Section 5-8.08(c): Unlawful Camping, a misdemeanor (criminal offense). This was reduced to an infraction Thousand Oaks Municipal Code Section 1-2.0I and is considered to be a PUBLIC NUISANCE. The fines were waived by the judge. The Mules walking all day peacefully, carrying and spreading the energy of reverence and respect for this beautiful earth and all its inhabitants have now been officially categorized by the Megatropolis as a PUBLIC NUISANCE. The automobile, the Megatropolis’ most valued tool, however, kills and maims hundreds of thousands every year. Killing children walking and riding their bicycles gets by. Nothing is said, no charges. The automobile will certainly never be called a PUBLIC NUISANCE.

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Going to Court

Mules getting some rest enjoying themselves in the background the United States Court House where they will go to on the morning of November 6, 2014 to answer the charge levied upon them by the National Park Service of illegal camping (stopping to sleep for the night).

Do we have a lawyer, a well prepared case? No.

What we have is the energy of this place of one human being and his or her animal companions wandering this beautiful plant through history going back thousands of years. The Mules will bring this energy to and into the courthouse. This energy and our connection to it is truly our defense. It is our wealth. It is the reason we live one step at a time, all day, every day.

The Mules

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U.S. District Court Arraignment

On July 16 2014, the Mules attended arraignment at United States District Court in Los Angeles for the three citations received on May 9, 2014 while spending the night on land under jurisdiction of the Santa Monica Mountains National Recreation Area. A “not guilty” plea was entered and trial date is set for November 6, 2014 at which time the Mules will return to Los Angeles. Below are the documents that were handed to us in court.

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San Luis Obispo Citation

Mule was cited on May 29, 2014, in San Luis Obispo, California under Penal Code 647 (e).

Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.

The Mules delivered a handwritten letter to the court requesting an extension of the court hearing until December so that they could migrate north for the summer and return during cooler weather.

On July 8, the Mules were given an extension for court arraignment to Dec.11.

On July 10, the Mules received a notification from the Office of the District Attorneys that charges would not be filed at this time.

On January 15, 2015, Superior Court Judge signed a court order to officially dismiss this case.

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Santa Monica Mountains National Recreation Area citation and arrest

On May 9, 2014 about 6pm, we were looking for a place to stop as we had been walking all day. We came across this open area. We went into it. There weren’t any locked gates or signs forbidding us to go into it, so we did. I removed the gear from the mules, turned one loose and put one on a picket line attached to a tree.

I fixed my dinner and switched the mules, brought one in, put one out and went to sleep for the night. We were awoken about 10pm with flashlights shining on us. National Park rangers announced who they were and wanted to know what we were doing there.

We told them that we were walking all day, stopped for the night and would be leaving in the morning. They checked with their supervisors who responded no deal. You have to leave.

We said that it’s 10:00 at night, we aren’t interested in packing up and walking in the dark. We are on national park land. This is public property and belongs to the people of the United States. We believe that we have the right to stay here for the night to rest and will be gone in the morning.

The supervisors back at the station said that we had to leave or be taken to jail. So I was taken to the Alhambra City Jail and the mules were taken to the Ventura animal shelter. I entered the jail around 12:00 at night. I was put in a large cell by myself. I went to sleep. I woke up around 6am and started walking back and forth in my cell for 6-7 hours at which time lunch came in and I ate it. Then I went to sleep again.

I was asleep for about an hour when a jailer came in and said get your stuff, you’re leaving. So I got my stuff and walked out to the corridor and the park rangers were waiting. They took me back to the animal shelter where my belongings and the mules were waiting.

I packed the mules up and we left there sometime after dark and we were on our way.

So, in summary, we were arrested by National Park Police by Thousand Oaks for merely stopping to rest for the night on public land that belongs to the people of the United States in an area that wasn’t manicured. It was an open field that we could do no harm.

Location where we had stopped to rest for the night in Thousand Oaks in Ventura County. Google Earth link: http://maps.google.com/maps?f=q&hl=en&geocode=&q=34.15584,-118.96217&ll=34.15584,-118.96217&ie=UTF8&z=12&om=1

We were issued three citations:

United States District Court – Notice to Appear

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Torrey Pines State Reserve

CHARGES HAVE BEEN DROPPED!

Sharon Sherman, the attorney who helped Mule on this case, sent this note on November 22, 2013:  “I received in the mail today notification that the charges against John here in San Diego have been dropped, the fine set aside and the trial date vacated.”  Thank you, Sharon, for the time you spent on this case, pro bono!

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