Part I: Mules Rebuttal to CHP Summary Incident Report

On January 23, 2020, the Mules were arrested by the California Highway Patrol (CHP) and charged with the failure to obey a lawful order. The San Luis Obispo County District Attorney decided to drop the case and not file charges.

The Mules have subsequently filed a lawsuit, Mules vs State of California / CHP claiming our arrest to be unlawful. This case is now in on-going litigation.

The Mules filed a public records request and have obtained the arresting officer’s Summary Incident Report. The report consists of six pages.

The Mules will be posting a series of rebuttals and comments to the contents of this report.

The following is the first segment in a series of responses to this report.

CHP Officer Narrative: I was on duty in a marked CHP patrol vehicle and was in full and distinct CHP uniform. At approximately 1128 hours, I received a call from CHP dispatch of an individual walking two mules eastbound in the westbound lane of Nacimiento Lake Drive from Chimney Rock Road. I responded to the area from US 101 at San Marcos Road and arrived with the individual at approximately 1155 hours. I could see a white male walking eastbound on the westbound shoulder pulling two mules.

Mule Rebuttal: I was not “pulling” the mules. I was leading the mules. They were walking behind me willingly at approximately the same speed as which I was walking. “Pulling” infers force. There was no force involved.

What it looks like leading the mules versus pulling the mules.

CHP Officer Narrative: Both mules were wearing packs and walking in the westbound lane and were blocking approximately half of the traffic lane.

Mule Rebuttal: We weren’t “blocking” the traffic lane. Blocking infers we were stationary with the intent of preventing forward motion of something in motion. We were not stationary. We were walking at approximately 2-3 miles per hours in a forward motion on the side of the road.

CHP Officer Narrative: I pulled alongside in the opposing lane and rolled down my passenger side window to make my first contact. I greeted the individual and engaged him in conversation. He didn’t acknowledge me and kept on walking eastbound.

Mule Rebuttal: The reason I didn’t acknowledge him was because he basically stopped in the middle of the road with his CHP cruiser, had no warning lights on, and tried to engage me in a conversation with traffic moving at high speed in both directions unaware of the dangerous hazard he was creating. I was not going to subject myself and my mules to that danger by stopping and engaging the officer in conversation.

CHP Officer Narrative: I drove forward, made a U-turn and was now parallel alongside him in the eastbound lane. I called out to him for my second contact. I told him that he can’t be blocking the traffic lane.

Mule Rebuttal: Once again, he uses the word “blocking.” Blocking infers setting up a stationary road block to prevent anybody from getting by. We were not doing that. We were walking from 2 to 3 miles per hour moving forward down the side of the road.

CHP Officer Narrative: He yelled back at me saying, “How do you know I was in the lane? Do you have any god damn proof?” I activated my rear warning lights as traffic began to build up behind me.

Mule Rebuttal: This was the first time the officer used his warning lights to notify traffic of his stationary position on the highway (blocking traffic) and the reduction of their speed would be necessary.

CHP Officer Narrative: I informed him that passing motorists have been calling him in as a traffic hazard

Mule Rebuttal: The motorists are the traffic hazard for refusing to obey the law and share the road with myself and mules as we were walking on the side of the road. They were the ones who were the traffic hazard. They had an absolute choice: obey the law, slow down, and stop if necessary, so that we could all pass each other safely. Or, refuse to do that and pass us at high speed, swerve out into the opposing lane to get by as fast as possible before they hit another car coming in the opposite direction. They made that choice. Nobody forced them to make that choice. Certainly not the Mules.

CHP Officer Narrative: and I told him to stay off the road.

Mule Rebuttal: And once again the CHP officer tells us to stay off the road. Telling myself and my mules to stay off the road was not a lawful order, but just the opposite. It was an unlawful order as we had the right to walk on Naciemento Lake Road.

CHP Officer Narrative: The individual began using a tirade of insults.

Mule Rebuttal: Well, I don’t know if it was a tirade of insults, but I wasn’t very happy with the way the officer was handling the situation.

CHP Officer Narrative: I could see that the mules were now on a wide, flat shoulder and were out of harm’s way. With traffic building up behind me, I advised him to stay out of the lane and I left the scene.

Mule Rebuttal: Whenever there is room, we will always relent and go as far away from the lane of traffic as possible. That is a given. Many many times on these rural roads in California that option is not available. We have no choice but to walk in the lane of traffic. Walk on the road. We have the right to be doing so. The motorist must share that road. The road does not belong exclusively to a high speed machine called the automobile.

CHP Officer Narrative: At 1222 hours, I received a second call from CHP dispatch of the same individual blocking the traffic lane with two mules.

Mule Rebuttal: Once again, he uses the word “blocking.” We weren’t blocking anybody. We were walking 2-3 mph on the side of the roading heading south towards Paso Robles.

CHP Officer Narrative: I waited for CHP unit 9-1, Officer A to assist me with this incident. In the meantime, two witnesses came to my location and advised me of the dangerous traffic hazard the mules were causing.

Mule Rebuttal: The two motorists complaining about the mules being a dangerous traffic hazard for being on the road demonstrates the total misunderstanding by the motoring public of equestrian rights to use that road. It also demonstrates the negligence of the state of California, CalTrans, and CHP to properly inform the motoring public of their obligation under the state vehicle code to share the road. If the officer knew the law, he would have informed them of their obligation under the state vehicle code to yield and share the road instead of using their complaints of us being a hazard to justify our arrests.

CHP Officer Narrative: Officer A and I drove out onto Nacimiento Lake Drive and I made contact with the individual for a third time. I could see the subject walked eastbound on the westbound shoulder with the two mules in the westbound lane.

Mule Rebuttal: The CHP Pedestrian Tip Card states that pedestrians should walk facing traffic when there is no sidewalk and you have to walk on the road.

CHP Pedestrian Tip Card

Mule Rebuttal: The Mules when walking these rural roads that have posted speed limits that far exceed their ability to safely accommodate all legal users, find ourselves many times crossing back and forth on the road to get on the side that provides ourselves the most room and safety for ourselves and the motorists passing us.

CHP Officer Narrative: The shoulder was wide enough that they all could have walked single file, posing less of a hazard, had the subject made the choice to do so. I recognize this to be extremely dangerous and his continued refusal to comply and walk he and the mules single file on the shoulder posed a hazardous situation to the subject, the mules, and the motoring public.

Mule Rebuttal: If I was to walk single file on that narrow road with very little room for the high speed automobile to get by us without side swiping us, it would be a big mistake. When I recognize the extreme danger of allowing a high speed automobile to what I call “thread the needle” going by us at break neck speeds, it is extremely dangerous for ourselves, the motorist, and the automobiles in the opposing lane. So when I find myself in this situation and I do many times, especially when crossing bridges, I literally get out in the lane of traffic because there is no place else to be and stop the motorist, jump up and down, wave my arms, and make sure the motorist knows that they must slow down. I literally have to force them to do so. They always get by us safely and nobody gets into a bloody wreck. 

CHP Officer Narrative: I positioned my patrol vehicle blocking the narrow shoulder and exited to make contact. Officer A positioned his patrol vehicle in the lane to the rear of mine with the overhead emergency lights activated. He exited his vehicle and stood in the westbound lane to flag and warn oncoming traffic. The subject was irate and agitated saying that this was a public thoroughfare and he had the right to be there.

Mule Rebuttal: Of course I was agitated and irate. If a motorist was stopped by a CHP officer and told that he had no right to be in his car and driving down the road, what kind of behavior would you expect from that motorist?  

CHP Officer Narrative: I explained that I was concerned for his safety. He said that traffic needs to slow down, if I was truly concerned about his safety.

Mule Rebuttal: Yes that’s exactly what the officer should have been involved in is slowing traffic down for the safety of myself, the mules, and the ignorant motorists.  

CHP Officer Narrative: I told him that I witnessed his mules walking two abreast in the lane. I told him I wanted to make this as easy as possible and I asked him for identification. He said I knew who he was and to look at his website. He refused to give me any form of identification. I tried to reason with him and asked for his ID. He went to his saddlebag and produced a California ID card identifying him as John Cheney Sears. Mr. Sears went on to say that the speed limit should be 25 mph, people need to share the road, and that the CHP has him on surveillance.

CHP Officer Narrative: I asked him to work with me and stay out of the traffic lane.

Mule Rebuttal: Once again it was impossible to stay out of the lane of traffic due to the lack of anywhere else to be. 

CHP Officer Narrative: He stated that he would not do that.

Mule Rebuttal: Well of course I didn’t do that, I couldn’t do that.  

CHP Officer Narrative: I gave him a lawful order three times and told him that he may receive a ticket or worse, go to jail. The legal order was based upon section 21954(a) VC, Pedestrian Outside a Crosswalk.

Mule Rebuttal: Nacimiento Lake Road (G14) is a rural area. There are no cross walks any where. When you have to go across that road because of blind curves and get to the safer side for the safety of myself, the mules, and the ignorant motorist, that’s what we do. And we have the right to do that. And there are no cross walks on that road. 

CHP Officer Narrative: Mr. Sears stated that if that happened, I would be opening up a can of worms. I told him that I didn’t want to take it to the next level. He said, “What happens, happens.”

Mule Rebuttal: The danger to the motoring public continues because of the reckless driving of that public. They make the choice to drive recklessly at high speeds. We don’t force them to do that. That is their choice. 

CHP Officer Narrative: Officer A and I positioned our patrol vehicles at the intersection of Nacimiento Lake Drive and San Marcos Road. With the belief that the danger to the motoring public would most likely continue, I drove out to Mr. Sears’ location with the MVARS camera activated. Once again, I was able to see Mr. Sears walking his mules in the eastbound traffic lane, rather than on the shoulder, in defiance of my lawful order, a violation of California Vehicle Code section 2800(a).

Mule Rebuttal: The order was not lawful. We have the right to be on the road. We have the right to use it. And there was no place else to go. As I stated previously, if there was, we would be there. Anytime there is enough room for us to remove ourselves as far as possible from the high speed motorist, we do so. But in many cases, especially on that road, there isn’t. The order was not lawful. You can’t give an order that is impossible to comply with and call it lawful. 

CHP Officer Narrative: I made a U-turn and activated my red lights to warn approaching traffic. Six vehicles including a Semi-tractor pulling a low boy trailer with heavy equipment had to utilize the opposing lane to get around Mr. Sears and his mules.

Mule Rebuttal: Well why did he have to do that? Because the semi-tractor refused to slow down and stop if necessary so we could all safely pass each other. The semi-tractor was blatantly breaking the law in front of the CHP officer and the CHP officer did nothing to address that. 

CHP Officer Narrative: Had Mr. Sears walked the Mules single file as directed, there would have been much less of a hazard presented.

Mule Rebuttal: Far to the contrary, once again, there is extreme danger had we been walking single file. The semi-tractor would have side swiped us. 

CHP Officer Narrative: I returned to the San Marcos intersection and waited for Mr. Sears to arrive.

CHP Officer Narrative: The situation posed an extreme danger to Mr. Sears, the mules, and the motoring public. Nacimiento Lake Drive is a winding roadway with ascending and descending elevations. The shoulders are narrow offering little room for a horse and even less for a vehicle. Mr. Sears was previously in an area of blind curves when CHP dispatch first received calls of him blocking the eastbound traffic lane. Mr. Sears was now about to travel east of San Marcos Road where the roadway is similarly dangerous.

Mule Rebuttal: CHP officer did not offer any assistance in alternate routes,  nor did the officer offer a trailer ride to get to Paso Robles. We had no cell reception to call anybody. In the CHP dashcam video, the officer states that he has no cell reception either yet he was able to call for a trailer to take us to jail in San Luis Obispo but not a tralier ride to Paso Robles.  The only way for us to physically get out of the area was to continue walking as we could not sprout wings and fly away, which is what we told the officer as well. CHP Officer turned his back on us and walked away as seen in the dashcam video. 

CHP Officer Narrative: At 1312 hours, I notified my supervisor/Sergeant and advised him of the ongoing situation involving Mr. Sears, the mules in the lane, and the defiance of a lawful order. I explained that if the dangerous situation continued, I may have no other choice but to arrest Mr. Sears. Sergeant concurred with me.

Upon Mr. Sears’ arrival, I exited my patrol vehicle and detained Mr. Sears. Officer Abel held the mules and I placed Mr. Sears under arrest for disobeying a lawful order, without incident. I advised Mr. Sears of his Miranda Rights which he invoked. Mr. Sears went on to yell that this was an unlawful arrest, we had no right to do this, and we were “fucking cowards.” his two mules were turned over to San Luis Obispo County Animal Services for safe keeping. All of Mr. Sears’ property was taken to the Templeton CHP office for safe keeping. Mr. Sears was transported to the San Luis Obispo County Jail and turned over to jail staff for booking.

Mules Rebuttal: Once again, it was not a lawful order, but just the opposite. The officer and the Sergeant had other choices, such as providing escort, providing a trailer ride to Paso Robles. The Mules could not sprout wings and fly away. If the CHP was able to summon Animal Services for a trailer so quickly, why couldn’t they trailer us past the area they thought was dangerous and drop off us to continue our journey to Paso Robles which was less than five miles way rather than drive us to San Luis Obispo 40 miles away. The CHP had other choices, just as the high speed motorist had a choice to obey the law to slow down and share the road.

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Mule Advisory Board

The Mules have been in California traveling, walking, and using the county, city, and state public thoroughfares for almost nine years living with respect and reverence for the Earth that supports us. Through this experience, we have come to the obvious observation that the California public thoroughfares, especially the rural thoroughfares, are dangerous and unsafe.  To deal with this condition, the Mules have created the Mule Advisory Board to advise the California Governor, State Legislatures, Caltrans and CHP. 

The rural county and state roads have been constructed to be very smooth allowing the modern automobile to travel them at extremely high and dangerous speeds. These roads are also very narrow allowing little or no room for automobiles and the other legal users such as equestrians, cyclists, and pedestrians to safely pass each other. Cyclists, pedestrians, and equestrians are being illegally removed from these public thoroughfares simply because there is no room by which to use them alongside motorists. 

For over eight years, the Mules have passed a huge amount of roadside memorials representing the many people who have needlessly lost their lives to the unsafe conditions of California’s public roads. The Mules are holding the State of California and Caltrans responsible for the deadly and dangerous road conditions which have been responsible for the bloody carnage which has been allowed to go on far too long.

The Mule Advisory Board has issued the following directives to be implemented immediately:

1) Mandatory speed limit reduction from 55 miles per hour (mph) to 30 mph on all county and state roads where a designated condition of extremely dangerous road has been established. The designated condition of an extremely dangerous road would be any section of a road that has blind curves and a narrow passage with little or no shoulder for all the legal users to pass each other safely. The 30 mph speed limit will be in effect until an alternate pathway for the other legal users (pedestrians, equestrians, and cyclists) is constructed not further than one mile from the line of travel from the road in question.

2) Rest Stops. On any newly constructed alternative pathways for non-motorized travelers, places to stop and rest for not less or more than a 24-hour period must be provided along the route every ten miles. 

3) Signage – signs must be posted every four miles on both sides of the road, stamping down and stamping into the public mind that sharing the road is the law. And for the well-being and safety of all legal users this law must be practiced and obeyed.  

4) Enforce CA Vehicle Code 21759The driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.  

CA Vehicle Code 21759

The above directives are to be implemented immediately, for the purpose of bringing a state of the art public thoroughfare and trail system to the people of California. 

The Mules will be delivering a copy of the Mules Advisory Board’s directives (shown below) one step at a time, all day every day, to the California Governor and State Legislatures, all CalTrans District Offices, and every CHP District Headquarters. As well, the Mules will be delivering and spreading throughout the State the ever mounting level of energy emanating from our lawsuit, Mules vs. State of California. The energy emanating from this lawsuit will show itself to have no bounds. It will blanket the State and relentlessly work to bring a state of the art public thoroughfare and trail system to the people of California. 

The Mules

MULE ADVISORY BOARD DIRECTIVE:

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Share the Road

As more places are coming out of lockdown, we expect to see more high speed automobiles with individual drivers on the public thoroughfare as more people may avoid taking public transportation or carpooling.

Reminder that it is the law to share the road with other public thoroughfare users (pedestrians, equestrians, cyclists). Slow down, yield, or stop to safely pass. Also, do not text and drive.

Taking a few seconds to slow down to safely pass will not ruin your day, but getting in a wreck will. 

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Is Anybody Safe?

The Mules are reading a number of comments regarding the issue of safety following our recent truthful account of our arrest on I-5. Nobody or no one exists or operates in total safety mode. Life on earth by its very nature is unsafe. To be completely safe, you need to be dead. Life on earth is rife with risks.

With regards to the Mules walking down the side of the highway, are we perfectly safe? No.

Are motorcyclists darting in and out of traffic at high speeds perfectly safe? No.

Is the high-speed motorists moving at speeds of 65 to 80mph bumper to bumper in heavy traffic distracted by alcohol, drugs, texting, eating, etc. perfectly safe? No.

Is a bicyclist peddling along the scenic Pacific Coast Highway or on I-5 from San Clemente to Oceanside perfectly safe? No.

So it behooves the Mules, to walk over to the safety scanner, walk through and get a reading as to our degree of safety.

The Mules walk at 3mph, weigh about 1000lbs, have never been in a wreck or caused one, as opposed to the high speed motorist who moves at 65 to 80mph, weighs from 1500lb to 40,000lbs and kills and maims itself and others by thousands every year.

The degree of safety at which the Mules operate is by far much higher than the high speed motorists, the gap between the two is huge. For the CHP to stop and order the Mules off I-5 using the pre-text and guise of safety to justify their order is illegal.

To any common sense mind, the Mules by far operate at a much higher degree of safety than the high speed motorist. When non-motorists (pedestrian, bicyclists, equestrians, wheel chairs, etc.) step onto I-5 because there is no other alternative route, that section of I-5 immediately becomes subject to the same rules and regulations that apply to all state, county, city roads.

California vehicle code law 21949 passed by California legislature and made effective January 1, 2001 states that “it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents of the state. It is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries.”

California’s Department of Transportation (CalTrans) can easily post a mandatory speed reduction to 50mph on their overhead flashing neon signs bringing this unlawful section of I-5 into compliance so cyclists, pedestrians, equestrians and all other legal users can exercise their constitutional right to move freely on the state public thoroughfare.

A mandatory speed reduction of 50mph in this section of I-5 where no alternative route for non-motorist is present will bring this section under the same rules and regulations as all roads we travel every day.

The Mules

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Castaic to Stevenson Ranch

Last night on January 6, 2018, we slept in Castaic. Upon awakening this morning, we packed up, got on the Old Road and headed south. The Old Road is a frontage road that parallels Interstate 5.

After walking for about an hour down the sidewalk, we were approached by a California Highway Patrol Officer (CHP) informing us that he had been getting calls that the Mules were walking in the middle of the road. No, we never walk in the middle of the road. We either walk on the sidewalk when it’s available, on the shoulder when it’s available, or in the lane of traffic when neither of the two are available. We have an absolute right to do so.

Anybody riding a bicycle, riding a horse, pulling a horse-drawn wagon, riding in a wheelchair, or walking has the right to use the public thoroughfare. These are public roads. The roads are not exclusive for the high speed machine called an automobile. The freeways are. Nobody has the right to be on the freeway except the high speed machine. The other roads – city, county, state – are all open to all other venues, be it a bicycle, an equestrian, a squirrel or a frog.

California Vehicle Code requires high speed motorists to slow down or stop to proceed in safety when meeting these other venues. The high speed motorist refuses to do so. Instead they come at us at full speed, never taking their foot off the gas pedal, picking up their cell phone, calling the CHP and claiming that we’re walking in the middle of the road. The CHP responds, comes out, and tells us if they catch us walking in the middle of the road or get calls to that affect, we would be arrested and the mule would be impounded. Totally illegal. Completely illegal.

As we proceeded walking south about two hours later we were approached by another CHP officer claiming he saw us walking in the middle of the road. WHAT AN OUTRAGEOUS assertion. Pictured is where we were walking. We have every right to walk on the public thoroughfare, we have every right to walk on the shoulder of the public thoroughfare, we have every right to walk in the lane of traffic if there is no place else to walk, such as bridges, such as areas cordoned off for construction. We have the same right to passage as the high speed automobile.

After that contact with the CHP we continued south and stopped at Starbucks to charge our smartphone and get a cup of coffee. We were in there for about an hour. I had secured Little Girl to a pole in the parking lot. I could see through the window that police officers were pulling up to where Little Girl was tied. I then went outside to talk to the officers and told them that the mule belonged to me. They said okay that’s fine. They said that they had gotten calls that someone was concerned about the mule and that they needed to respond, and that was that.

We got back on the road, proceeded south, stopped at Walmart to buy a canister of oatmeal, got back on the road until we found a place to sleep for the night.

When somebody leaves their house, gets in their car, gets on the public thoroughfare with the intent of going to a store to buy food or supplies for themselves and their family, they fully expect that when they leave the public thoroughfare to enter the parking lot, they will be able to park their car, walk into the store, buy their groceries and supplies, walk into a coffee shop and enjoy their cup of coffee, return to their car, put their groceries and supplies in their car, and leave to go home.

To have people constantly call the police simply because a person arrives by horse or mule and not in an automobile is outrageous. To have officers or security guards stop and interrogate a person simply because they arrived by mule because the person didn’t arrive in a high speed automobile is ridiculous.

This is not 1817 where you load up your six-shooter and go out to shoot some deer for dinner. This is 2018 where one must proceed on the public thoroughfare, enter a parking lot and go into a grocery store or a big box store, which controls the food and supplies. That’s where you get it. If you don’t get it there, you’re not going to get it.

I have known my mule Little Girl since she was born in 1990 and she has been by my side and full-time care since I bought her in 1993. While she may not technically fit the official federal designation of a service animal, she is my service animal and is an integral part of our nomadic way of life that’s been here for hundreds of thousands of years. She is in service to this place. Any common sense mind would come to the conclusion that she is without a doubt a service animal.

The Mules know that much of our contact with law enforcement agencies, CHP, local police, county sheriff, and animal control is instigated by trolls. These trolls will call enforcement agencies complaining there is a homeless man walking in the middle of the road with a horse. There is a man leading an injured horse past my house. There is a horse tied in the Starbucks parking lot with no water. It looks emaciated, etc., etc.

Their intention of course is to keep the Mules under a constant state of harassment, wear us down and keep the Mules from doing this most important job of using their constitutional right as well as everybody else’s to move freely and spontaneously in this country. The Mules have never been charged or cited for anything other than our God given right to stop and sleep at night, such as our arrest on National parks land in Thousand Oaks, CA. The Mules will never be worn down as we have access to endless amounts of energy harbored in the nation, the 3 Mules nation, from which we come. When one Monk falls another Monk appears brought forth by the force of energy accumulated and acquired throughout our history dating back hundreds of thousands of years living with respect and reverence for this sparkling jewel suspended in the mist of time we call Earth.

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The Public Thoroughfare

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.

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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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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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