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Wednesday, April 27, 2011

Call CaNine-1-1


Man accused of taunting police dog by barking at it challenging law on free speech basis
Associated Press

MASON, Ohio — A Mason man charged with teasing a police dog by barking at it says the city ordinance he's accused of breaking violates his constitutional right to free speech.

The Cincinnati Enquirer reports the attorney for 25-year-old Ryan James Stephens says his client was not striking the animal in suburban Mason. Lawyer Jim Hardin says barking may not be seen as intelligent speech but is "still speech." He questions the validity of a city law that bars taunting police dogs.

A police officer investigating a car crash at a pub on April 3 reported he heard the dog barking uncontrollably. The officer said he found Stephens making barking noises and hissing at a dog inside the police car.

The officer's report quoted Stephens as saying "the dog started it" and said the man appeared highly intoxicated.

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I understand that police dogs are on the job and are in many ways officers of the law but should there really be special laws against teasing them? I don’t think barking at a dog through a car door (as loony as it may be) should be a violation of the law. In fact I don’t think barking at a human officer through a car door should be illegal.

You’ve got to hand it to the guy for hiring a good lawyer and coming up with the free speech defense. I think I would have just tried to point out that the law was bullshit but this guy went the extra mile. I think he should even get the Dog Whisperer as an expert witness and say he was just trying to become the dominant pack leader.

I also love how Stephens told the cop that “the dog started it.” Sounds like one hell of a night.

P.S. – Is it also illegal to bark and hiss at Dog the Bounty Hunter?

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