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Case of All Bark, No Bite.
A state appeals court in Athens, Ohio has
ruled that a man, who barked at a police dog, was simply using his freedom
of speech rights when he barked back at a police dog.
The 4th Ohio District Court of Appeals upheld the dismissal of charges
against Jeremy Gilchrist who responded to the barks of Pepsie the police
dog with woofs of his own in this southeast Ohio city in September of
2001.
His attorney said Jeremy was only trying to be funny when he barked back
at the dog, which was in a police cruiser, as he walked along a street
with friends. "The mere fact that the police dog had commenced the barking
did not entitle it to a solo performance," attorney Patrick McGee wrote in
the appeal.
Officer Krishea Osborne testified that Gilchrist's barking made the dog
"work himself up into a frenzy."
Ohio state law makes it illegal to taunt, torment or hit a police dog or
horse. However, Athens County Municipal Judge Douglas Bennett threw out
the charges last June, saying the law violated the right to free speech.
The appeals court concurred with its ruling.
Bennett also said Gilchrist wasn't a threat to the animal or public safety
because he was 30 feet away from the cruiser.
City Prosecutor Lisa Eliason had argued in the appeal that taunting can
occur from any distance.
Source: FindLaw.com, AP, "Court: Man Can
Bark at Police Dog," March 31, 2003.
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