The essential right to rest and sleep

Diamond Bar

Last night the Mules stopped in Diamond Bar at one of its city parks to sleep for the night. We found an out of the way bare piece of ground next to the maintenance yard to spend the night, so we did for less than a 12 hour period. Upon awakening in the morning, I fixed my breakfast and proceeded to pack up Little Girl when three Los Angeles County sheriff deputies appeared answering a call that there was a horse in the park.

I responded that we had stopped here for the night and were now on our way.

They said fine, no problem, we just got a call and we were checking things out. They looked at our website and were very interested. We talked while I was packing up. They then wished us a safe journey and left. We then left ourselves.

Area of Occupancy

Pictured are examples showing the amount of space the Mules use for less than a twelve hour period during the night. Sleep and rest is essential for all living beings health and wellbeing.

We use the Fresno No Camping Ordinance as an example for the cities passing No Sleeping/No Camping ordinances. They are all using the same argument to justify their passage.

Section 10-1700: Purpose
“Streets and public areas should be readily accessible to residents and public at large.” The Mules are a part of that public.

“Use of these areas for camping or storage of personal property interferes with the rights of others to use the areas for which they were intended.” The Mules don’t store anything. When people store their personal property, they lock it up, hide it with the expectation that it will still be there on their return be it one day, one week, one year.

The Mules unload their belongings off their mule, fix dinner, then go to sleep for less than a twelve hour period during the night, never leaving their belongings. This is not storing personal property. The Mules leave in the morning, leaving the space they occupied cleaner than it was when they arrived.

Do the Mules practice proper sanitary measures? Absolutely. We throw a nylon tarp over us so we can’t be seen. The result is the same as a park user going into a urinal and covered by four walls. The Mules urinate in a plastic bottle, crap in a bag, then carry our waste until a proper place for disposal is found.

Public Safety
The Mules have been migrating north and south in this state for over five and a half years. We have never hurt a soul. The automobile however has killed and maimed thousands for that same period of time. For any municipality to infer the Mules are a public safety hazard is to turn basic common sense on its ear.

Per the National Safety Council, the number of motor-vehicle deaths in 2016 totaled 40,200, up 6% from 2015 and the first time the annual fatality total has exceeded 40,000 since 2007. Medially consulted motor-vehicle injuries in 2016 are estimated to be about 4.6 million, an increase of 7% from the 2016 rate. The estimated cost of motor-vehicle deaths, injuries and property damage in 2016 was $432.5 billion, an increase of 12% from 2015. The costs include wage and productivity losses, medical expenses, administrative expenses, employer costs and property damage.

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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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Wind Wolves Preserve to Frazier Park

Trail we cleared in San Emigdio Canyon

During the past month, while we were at Wind Wolves Preserve, we worked (volunteered) about four hours a day clearing the overgrowth on the trail in upper San Emigdio Canyon. We cleared this trail last year, but the brush had overgrown and covered it up again.

Where we spent the night

After Christmas on the morning of the 26th, we left our camp where we were staying at Wind Wolves and proceeded up the canyon where we passed an old mine (photo above), which I’m sure we passed a few times before, but have never noticed those previous times.

As we went along to the top of the canyon, we passed this big beautiful tree, which had a nice fresh scent. We got to the highway and on the road and proceeded east to Lake of the Woods.

We arrived at Frazier park around 2:30pm. We went to the library to charge our phone, but it was closed.

After that, we met Michelle and her daughter Jessica as we were walking down the road. They got out of their car, introduced themselves and said they followed us on Facebook. They brought Little Girl a big bag of carrots. Every time we go through Frazier Park we always meet very nice people.

As it was getting dark, we spent the night along I-5, awoke in the morning and proceeded to where we are now at the start of Old Ridge Road, which will take us along the ridge, which parallels I-5 going south into Castaic and on into Los Angeles.

The Mules

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A Merry Christmas and New year for Freedom on Earth

The Mules as they move and walk freely how they choose and when they choose are nearing the end of their journey through 2017 and continuing that journey into the New Year of 2018.

The wealth of the Mules is the energy created and harbored then to be used in the most mystical of ways to promote and enhance the art of human beings living on this beautiful earth with reverence and respect for all its inhabitants.

The Mules look forward as never before to the ongoing challenge to remain free against the on-slot of the manmade world and its ever increasing knowledge and use of technology which is threatening the freedom and very existence of human beings and our sacred ages old relationship with life on this earth.

The perimeter lines must clearly be drawn as to where the manmade world of glamor, glitz and endless discovery, cannot tread. Who better to draw these perimeter lines and maintain these lines than the Nation, the 3 Mules Nations, human beings of a like-mind using their ambassador at large, the 3 Mules, to set these boundaries.

Merry Christmas to all and to all a good night.

The Mules

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Fresno Bill B-40 Ordinance No. 2017-40

Pictured is Bill B-40 Ordinance No. 2017-40. This law was passed by the Fresno City Council on August 24, 2017. This law is typical of the no camping laws being passed throughout the state and country. We will use it as an example to show why it is illegal and unconstitutional to use this law and others like it against the Mules and our nomadic way of life.

Note: The Mules have not as yet in our many passages through Fresno had this law used against us. But the threat has clearly been made and stated by the Fresno City Council with the passage of this law.

Section 10-1700 states: The streets and public areas should be accessible and available to the Public. The use of these areas for camping interferes with the rights of others to use these areas for which they were intended.

Pictured is a typical example of the amount of space the Mules require to rest for a twelve hour period in the night-time hours in a public area such as a park or open area. This kind of use entering the park at night, leaving in the early morning hours does not interfere with the right of others to use a public space. The space at night for the most part has been vacated.

Section 10-1700 also states the storage of personal property interferes with the right of others.

The Mules are not storing anything. When a person stores property, they hide it behind a bush, lock it up in a box, etc., then leave it assuming it will be there on their return. That’s the circumstance of storage Section 10-1700 is referring to. The Mules do not leave their belongings. We unpack our mules, place our belongings on the ground, fix dinner, lay down our bedroll, sleep for a twelve hour period during night-time hours, awake in the early morning, and leave.

The Mules again are not interfering with the right of anybody in the use of a park (public space).

Section 10-1700 also states camping (stopping to rest for a twelve hour period during the night) constitutes a public health and safety hazard. The Mules challenge anybody to prove that the Nomadic Way of Life we practice is or has ever been a safety health hazard to anyone of the many communities we have traveled through for so many years.

The Mules

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Fresno Bill B-40 Ordinance 2017-40

The Mules have become aware of Bill No. 40 and Ordinance 2017-40 entitled, Adding Article 17 to Chapter 10 of the Fresno Municipal Code relating to Unlawful Camping, which was passed by the Fresno City Council on August 24, 2017.

Section 10-1700 clearly states the purpose/reasons for the passage of this ordinance (2017-40). 

REASON #1: The use of Public areas within the city of Fresno should be accessible and available to residents and the PUBLIC. The use of public areas to store personal property interferes with the rights of others to use PUBLIC areas. 

3 Mules Response #1: Pictured are our belongings set on the ground demonstrating the use public space we take on any given night. There is 24 hours in a day. The Mules only claim space for approximately 8 hours during the night when most people are in their homes. This can hardly be construed as interfering with the rights of others to use a public area.

REASON #2: Health and Safety.

3 Mules Response #2: This law is casting a large net dragging the Mules into an area which we don’t belong. The law clearly states its purpose in being passed is to address the problem of people congregating in large numbers, pitching tents, and creating unhealthy conditions, such as accumulation of trash, defecation and urination, drugs, alcoholism, etc. The Mules travel alone, stay only for an 8 hour period at night in any one place, dispose of their waste in the most sanitary of ways practiced throughout the ages for thousands of years.

The Monk throws a tarp over himself, squats down, will defecate on the surface of the ground, dig a four-inch hole, and bury it if it’s applicable to do so; or, place in a bag, carry until an appropriate place is found to dispose. The Monk urinates in a plastic bottle then disposes contents in an appropriate place. Our method is similar to the suburban citizen who places their dog’s poop in a bag and disposes of it in an appropriate place.

The Monk carries a scoop, places the mule’s droppings into a bag and carries and disposes in an appropriate place. The Mules methods of waste disposal is by far superior in terms of health, efficiency and costs than the suburban model.

A citizen of the suburban model goes down the hall, turns to the left, enters an expensive, elaborate space surrounded by four walls, closes the door, sits down on a toilet defecates into a pipe that goes under the ground where it travels accumulating disease and toxicity as it makes its way to the sewage treatment plant, where it is treated with many chemicals that are toxic, then is released into the environment via creeks, rivers, etc.

The Mules and their response to public safety. The Mules threaten nobody. We’ve traveled the Western United States for the past 33 years and consecutively in California for the past five years. We’ve walked through San Francisco, San Diego, Los Angeles and the towns in between and never hurt a soul. Our use of public areas has in no way ever created a public safety issue. We have a proven track record of 33 years living our nomadic way of life and bringing the value of that life to all the areas that we have passed though in our endless journey.

The above being understood, the Mules believe that no common sense mind could come to the conclusion that the Mules are a threat to Public Health and Safety or interfere with the rights of others to use public areas. The Mules have received nothing but positive energy from the people of Fresno as we have passed through many times before on our annual migratory journey. The Mules find it hard to believe that the 552,000 people who live in Fresno would see the Mules as a PUBLIC Nuisance, and would not want the Mules cited, taken to jail, heavily fined and the Monk and the Mule separated.

To use 2017-40 against the Mules and this ages old Nomadic way of life for things we do not do and things we are not is illegal. The Mules live under and have the same protections afforded by the Constitution guaranteeing the right to life, liberty and the pursuit of happiness as the council members of Fresno. The right to life includes the basic function of sleeping and eating.

The Mules

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The Mules and all who travel under their own power claiming the right to stop and rest for the night

The Mules living in this sacred place of one human being with his or her animal companions, traveled by many throughout the ages, are claiming our rightful use of public space be it city, county, state or federal land.

The Mules will no longer wade through piles of garbage, broken glass, cans, batteries, dirty clothes, chemicals, etc., etc., looking for a place to cook our dinner then lay down amongst garbage and filth to sleep the night. Nor will we try to hide from law enforcement so we don’t get cited as happened in Castro Valley, Alameda County, spending two and a half days in jail, $10,000.00 bail for nothing more than stopping to rest for the night on state land (public space) for there was no place else to go.

Sleeping on the sidewalk with a mule wouldn’t work. Sleeping with a mule in the street also wouldn’t work.

By default, city, county, state, and federal governments must make public space available to all those traveling in this country under their own power be they equestrians, cyclists, pedestrians. The Mules will no longer be forced to sleep or cook our meals amongst garbage and filth. We no longer have to and we won’t.

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The Mules using the public space in the City of Santa Clara

On the evening of September 17, we stopped here in Santa Clara Central Park in the city of Santa Clara, California. We spent half of the day walking south down the El Camino. When we approached the end of the day, I pulled out my smart phone and looked for a park which we could spend the night. Santa Clara Central Park was not far away so we proceeded to that park. We reached there at dark. We searched around and found a place (pictured) which was unmanicured, it was a rough area, it was a good place for a mule and a monk to stop, laydown on the ground and spend the night, so we did that.

Around 3 o’clock in the morning, two City of Santa Clara police officers came by and shined their lights upon us. We woke up and they wanted to know what we were doing in the park. We said we were sleeping. We came here because there was no place else for us to go. We could not sleep in the sidewalk that wouldn’t be practical. We could not go out into the street and sleep there either. So that left are the city park for us to safely lay down go to sleep.

The officer replied that was against the city ordinance of Santa Clara to be in the park after dark and that we were trespassing.

We once again replied that we had to go somewhere and go to sleep because there is no place else, the city park by default must assume the responsibility for providing anybody walking and traveling in transit from one point to the next, whether riding a horse, riding a bicycle or walking under their own power, with a place to stop and rest for the night. We did not require any fancy facilities. We did not require any benches, barbecues, none of that, just simply a bare piece of ground which we found to rest our heads and rest and sleep for the night.

The officer reasserted himself and repeated the claim the assertion that we were illegally in the park and we could not stay here.

And so we made the point once again there was no place else to sleep. Darkness was upon us and the alternative was the sidewalk or the city street or climbing in somebody’s backyard. None of the three would be acceptable and so by default to repeat ourselves, all city governments – state, county or city, must take responsibility and allow their parks to be used by anybody traveling by horse, bicycle, or foot, under their own power, to sleep at night when in transit from one point to the next, to stop and rest for the night.

The officer also stated that there was a city ordinance that did not allow any horse within 100 feet of any buildings in the city.

We responded that we have a constitutional right in this country to move in any one of all four directions when we choose and how we chose. It is in the constitution that is guaranteed to all citizens. These city ordinances prevent that and they’re illegal and they cannot stand against the Constitution of the United States.

The officers eventually decided they would relent and use their discretion and allow us to stay for the night, leave in the morning after we clean up after ourselves as we always do and proceed along our way.

After packing up in the morning, we left the park and made our way through the city streets south. Not too long after walking south on the city streets headed for San Diego, a plain clothes police officer from the Santa Clara Police Department stopped his pick up truck, got out, showed us his badge, and said he was curious as to what we were doing.

We told him about where we spent the night and our experience previously with the two officers from the Santa Clara Police Department.

We informed him that we do claim the right to use city, county, state parks when necessary to go to sleep for the night. We explained the reasons why we can’t sleep on the sidewalk, we can’t sleep in the street, we can’t climb over the fence and spend the night in somebody’s backyard.

That leaves city, county, and state parks. That’s what’s left for anybody traveling on a horse in transit from one place to the next across this country under their own power whether by horse, bicycle or foot. That is what’s left to sleep at night. It is certainly their constitutional right travel freely in this country – one in all four directions and inherent in that right is the absolute right go to sleep.

Sleep is the necessary function to keep living. If you don’t sleep you die. For any city, county, state, municipality government to outlaw the act of sleep is unconstitutional. It denies us the right to life, liberty, and the pursuit of happiness. It is totally illegal. We won’t obey them. We can’t obey them. To repeat ourselves, if you don’t sleep you die. Committing suicide is not on our agenda.

______________________________

The City of Santa Clara has its quiver full of arrows ready to shoot anybody that stops in their city to sleep. To their credit, the two officers that found us sleeping in the city park decided not to cite us nor make us leave where we were, allowing us to stay the rest of the night. In the morning, we packed up, cleaned up after ourselves and were back on the road.

City of Santa Clara Municipal Codes:

6.15.040 Keeping of horses – Restrictions.
No horse shall be kept or maintained within the city except in an enclosure the outer limits of which shall be at least forty (40) feet from any inhabited or habitable dwelling. (Ord. 1879 § 1, 3-29-11).

6.05.075 Animals on City property. 
No person having the control or care of any animal shall permit such animal to enter or remain on City property and/or in City-owned or City-managed buildings other than a building used for the purpose of care, detention, space control or treatment of animals, or areas designated as “dog parks” or “off-leash areas,” or a building used for training classes, shows or exhibitions. This section does not apply to persons who have a visual or auditory disability and who use dogs for guidance or to accommodate a disability, to service dogs in formal training programs, or dogs used in law enforcement by a governmental agency, or persons expressly authorized by the City Manager, upon finding that the animal will not be disruptive to the operations of the City, or a hazard to persons or property. (Ord. 1879 § 1, 3-29-11).

12.05.060 Hours of operation of public parks.
(a) The public parks in the City shall be open daily to the public between the hours of 6:00 A.M. to one-half hour after sunset (dusk), except:

(1) Where there is posted conspicuously a sign limiting the hours when such facility is open to the public; and

(2) Until 10:00 P.M. if and when the facility is lighted.

(b) Any such public park or portion thereof may be declared closed to the public by the Director of Parks and Recreation at any time and for any interval of time, either temporarily or at regular or stated intervals, as is deemed necessary in carrying out the duties and responsibilities of the various divisions of the Parks and Recreation Department as set forth in Chapter 2.100 SCCC. The Director of Parks and Recreation is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.

(c) Every person other than City personnel conducting City business therein, who occupies or is present in any public park in the City during the hours in which the park is not open to the public, shall be deemed guilty of an infraction, punishable by a fine of not more that two hundred fifty dollars ($250.00). (Ord. 1953 § 1, 4-5-16; Ord. 1371 § 1, 1-10-78. Formerly § 25-8.1).
 
12.50.010 Unpermitted camping and lodging prohibited.
(a) No person shall camp or lodge on a public street (including in a vehicle parked on a public street), on publicly owned property, and other prohibited public places; provided, that nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State or local statute or ordinance.

(b) “Camping” means residing in or using any public street, publicly owned property, public park, or other prohibited public place for living accommodation, lodging, or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time not associated with ordinary use of the street, property, or public place, with one’s possessions or while storing one’s possessions (including, but not limited to, clothing, sleeping bags, bed rolls, blankets, sheets, hammocks, or other sleeping implements, luggage, backpacks, kitchen utensils, cookware, and food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the street, property, or place as a living, lodging, or sleeping accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.

(c) “Prohibited public places” means any public place not designated as a public campground pursuant to Federal, State, or local statute or ordinance and shall include the following:

(1) Public streets, sidewalks, alleyways, passageways, and rights-of-way;

(2) Publicly owned property;

(3) Public parks;

(4) Public parking lots, whether publicly owned or privately owned;

(5) Public landscaped areas, whether publicly owned or privately owned and maintained pursuant to a public landscape easement;

(6) Private property that is readily accessible to the general public, or is otherwise open to common or general use or view;

(7) Vacant lots;

(8) Drainage culverts and basins. (Ord. 1834 § 1, 4-15-08). 

Ironic that the City of Santa Clara has a plaque honoring a man with a horse, but current municipal codes don’t allow horses anywhere within the city limits anymore.

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Morning Pondering

Once again up in the morning, a weak little man and a mule walking all day one step at a time with the energy and magic of a nation, a new nation, a nation being born, the 3 Mules Nation. Collecting, accumulating, harboring the energy of many dimensions, knowing that energy is the wealth of this new nation, 3 Mules Nation, which will materialize in the most magical and mysterious of ways to support this nation and all those who choose to harbor with in it.

The Mules

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Redding, California

Pictured are some of the many people Little Girl and me met as we traveled through Redding. The Mules say thank you to the friendly and helpful people of Redding for making our journey through their town an enjoyable one.

The Mules mission is to walk freely in anyone of all four directions, how we choose when we choose and the right to rest/sleep on public space so we can arise and walk again with respect and reverence for this place called earth. We did that as we travelled through Redding. Thank you.

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