‘Mule Man’ files lawsuit to protect ‘nomadic way of life’ after arrest in Paso Robles
An activist and wanderer known across California as “Mule Man” says the CHP violated his right to intrastate roadside travel and his “ages-old nomadic way of life” when he was arrested near Paso Robles in 2020.
County prosecutors declined to charge John Sears, who filed a lawsuit in San Luis Obispo Superior Court on Jan. 21 seeking financial damages as well as a judge’s order to train law enforcement officers “that horses, mules, and livestock (accompanied by a person) have the right to use the public road.”
“If Sears’ arrest was lawful, it would destroy his ability to freely and safely travel throughout the state,” the complaint says. “(Sears) has a natural, constitutional and statutory right to travel the public thoroughfares while driving an animal (in this case a mule), without fear of arrest.”
Sears, 73, has been a frequent sight along highways and other roadways throughout the state, and has passed through San Luis Obispo County several times in recent years.
He describes himself as a wanderer and public land activist who has traveled with mules for more than 30 years.
On Jan. 23, 2020, several motorists reported Sears was a safety hazard as he walked along the historic Juan Bautista de Anza Trail — a National Park Service historic trail named after a figure from early Spanish California who traveled with mules in the 18th century.
CHP officers responded to the area on Nacimiento Lake Road near Chimney Rock Road and found Sears and his two mules, Little Girl and Little Ethel, walking in the middle of the westbound lane, the CHP said at the time.
Dispatchers received at least seven calls from drivers reporting that the mules were walking side-by-side, causing vehicles to cross over the double-yellow line and into the other lane to avoid Sears and the animals, the agency said.
Responding CHP officers asked Sears to move out of the roadway. He initially complied, but the officers returned after receiving more calls, the CHP said.
“Mr. Sears stated he had no intention of walking on the shoulder and claimed he had a right to be in the roadway,” the agency said in a news release. “It was everyone else’s responsibility to slow for him.”
Officers arrested Sears on suspicion of willfully failing or refusing to comply with an order from law enforcement and he was booked into San Luis Obispo County Jail.
His mules were turned over to San Luis Obispo County Animal Services but returned to Sears after he was released from jail the next day on his own recognizance.
The lawsuit filed Jan. 21 names the CHP and Officer David Agredano as defendants.
The complaint says that Sears seeks to “protect this ages-old nomadic way of life and the sacred relationship between man and horse to travel together with reverence and respect for this beautiful place in which we all reside called Earth.”
Sears argues the U.S. Supreme Court has equated travel with liberty and cites California’s vehicle code in noting that mules, horses and other animals are allowed to be ridden on public roads.
In addition to seeking attorneys fees and damages, Sears seeks injunctive relief to prohibit the CHP from arresting him while traveling public roads with his mules in the future.
He also seeks reimbursement of the $266 he paid to claim his impounded mules.
“(Sears) considers walking his mules a sacred act, and through his blog posts, he educates the community about the benefits of this ages-old nomadic way of life — walking with reverence and respect for the natural world,” the lawsuit says.
A case management conference has been scheduled for May 24.
Correction: This article has been updated to correct the century Juan Bautista de Anza traveled California.
This story was originally published January 26, 2021 at 1:41 PM.
