Wednesday, April 02, 2003
Man allowed to bark at dog.
The 4th Ohio District Court of Appeals upheld the dismissal of charges against a man who answered the barks of Pepsie in the southeast Ohio city of Athens in September 2001.
Jeremy Gilchrist, then 21, encountered the dog, which was in a police car, as he walked along a street with friends. [...]
State law makes it illegal to taunt, torment or hit a police dog or horse. Officer Krishea Osborne testified that Gilchrist's barking made the dog "work himself up into a frenzy".
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 agreed on Thursday.