Lake Shasta

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.

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Thank you Brian for riding 12-miles with us from Griffith Park to U.S. Court of Appeals in Pasadena

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.

~The Mules

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Ninth Circuit Court of Appeals Decision on the Mules

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:

My pro bono attorney Dan Kapelovitz and myself

To hear post-court discussion between John Sears and pro bono attorney Dan Kapelovitz, click here: https://youtu.be/eNIc2_TjcME

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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.

The Mules

2/3/2015 Trial transcript:

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.

2/19/2015 Governments Answering Brief. The government sent back their response to the Appellant Opening Brief.

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.

5/2/2016 U.S. Court of Appeal Ninth Circuit Oral Argument court video recording

6/15/2016: 9th District Decision


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The Price of Freedom

The price of freedom is eternal vigilance so said somebody…can’t remember who, it’s been quoted by many. The Mules are a venue of that vigilance providing a real live moving scene of eternal vigilance by which anybody at anytime can open the window and watch the Mules moving freely when they choose , how they choose across this country and across this earth.

You take a pause in your busy day, look through the window, you see the Mules there moving freely and unhindered. They’re strong, healthy and well. Now you know your personal freedom and your children’s future is still here.
 
You look through the window and you see the Mules limping then you know you must jump through that window and give your strength and support so the Mules can continue their journey which is to protect and preserve their freedom as well as yours.
 
In these complicated and troubled times, the Megatropolis is taking full advantage. Our case in Pasadena at the United States Court of Appeals is a perfect example. The National Park Service arrested the Mules for stopping to rest – one of the most necessary functions to sustain life.
 
The Megatropolis must come to understand it cannot meddle or tread on the Mules or anybody else’s basic functions of sleeping, eating, walking, etc. that are necessary to living. For allow it to do so will certainly be the end of freedom.
 
The Mules


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Outside the boundaries of the Megatropolis

The two pictures shown represent the two basic ways of living on this earth. The picture on the top represents the Natural Earth model, a strong healthy, natural environment supporting a varied and diverse web of life, living in balance and harmony for the sake and well-being of all. The picture on the bottom represents the Megatropolis (man-made world) model. A place of dirty water, poison air and food. Outrageous sickening noise, personal and collective isolation for those who live under its influence and within its boundaries which turns out to be where most of us find ourselves.

No human being with a good common sense mind knowing beforehand the consequences of leaving the Natural World and entering and residing in the Megatropolis would ever do so. The Human race has been tricked, lured by the carrot of gadgetry and glitz, comfort and ease, now addicted to what the Megatropolis provides and unwilling to leave, no matter what the consequences.

For those who would break their addiction and leave the Megatropolis, they are being faced with an ever increasing amount of laws, codes, regulations, permits, fees, to prevent their escape.

The Mules case going before the Ninth Circuit in Pasadena on May 2, 2016 is a perfect example of the Megatropolis sealing the cracks, tightening the noose to prevent any escape from its vessel of containment and control of all energy on earth be it human, animal, wind, sun, heat, cold, etc.

If you are willing to live within the boundaries of the Megatropolis, sleep is allowed. If you are not willing to live within those boundaries, the basic function necessary to all life, SLEEP, is being denied.

~The Mules

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Freedom to Move

The Mules will be leaving the Wind Wolves Conservancy in a few days and be on our way to the U.S. Court of Appeals in Pasadena and bring our ages old nomadic way of life to the steps of the court. We will be carrying the energy of thousands of steps made by ourselves and the many others who have practiced this most revered and cherished way to live and be on this place called Earth. We will carry the energy of the thousands of people who we have met on our journey and given their support and kindness to see that this endless journey never ends.

The Mules are working, living every day feet on the ground example of this most valued gift bestowed to the human race to move freely how you choose, when you choose across this beautiful earth. The Mules will never give it away and neither should you.

Give your hope and faith to this endless journey through time and space and experience true wealth – the things money can never buy. The freedom to move on this earth and experience the mystery and magic of doing so can only be kept by using it all day every day. 

The Mules do this most necessary job and reap the awards bestowed upon us by the hope and faith we give to this place of one human being moving freely with reverence and respect for earth and all her inhabitants.

~The Mules

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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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Why I Am Helping John Sears Appeal His Case Pro Bono

By Dan Kapelovitz

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]

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U.S. District Court trial results

November 6, 2014: U.S. District Court trial results
At the trial today at U.S. District Courthouse in Los Angeles, we were charged with 1) not obeying an order of a federal employee; and 2) camping in an undesignated area on national park land, Santa Monica Mountains National Recreational Area. We pleaded not guilty. We were found guilty on both charges with no imposed penalties or fines, but were assessed a $35 court fee.

11/6/2014 Trial Transcripts (click to read):

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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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