Judge: Freedom Of Speech When Man Barked At Police Dog

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chadtm80

Judge: Freedom Of Speech When Man Barked At Police Dog

#1 Postby chadtm80 » Mon Mar 31, 2003 11:40 am

Judge: Freedom Of Speech When Man Barked At Police Dog

ATHENS, Ohio -- A man was exercising his free speech rights when he barked back at a police dog, a state appeals court has ruled.

The 4th Ohio District Court of Appeals upheld the dismissal of charges against a man who answered the barks of Pepsie the dog in this southeast Ohio city in September 2001.

Jeremy Gilchrist, then 21, encountered the dog, who was in a police cruiser, as he walked with friends.


His attorney said he was trying to be funny when he barked back.

"The mere fact that the police dog had commenced the barking did not entitle it to a solo performance," attorney Patrick McGee wrote.

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 Wednesday.

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 argued in the appeal that taunting can occur from any distance. No decision has been made whether to file another appeal, she said Friday.
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#2 Postby streetsoldier » Mon Mar 31, 2003 11:42 am

Your tax dollars at work... :roll:
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#3 Postby Amanzi » Mon Mar 31, 2003 11:43 am

:roll: Do people have nothing better to do than sue each other for such nonsense! LOL It is quite a funny story though!
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#4 Postby Stephanie » Mon Mar 31, 2003 11:43 am

That's incredible! :roll:
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#5 Postby bfez1 » Mon Mar 31, 2003 3:06 pm

Just when I thought I'd heard it all :lol:
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#6 Postby Rainband » Mon Mar 31, 2003 3:11 pm

:roll: :roll: :roll: Give me a break!!!!! :o

Johnathan :wink:
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#7 Postby Lindaloo » Mon Mar 31, 2003 3:32 pm

If it were me I would have turned the dog loose on the guy. Maybe next time he will earn to respect the police dog. He is, afterall, a part of law enforcement. This same dog probably went into the Trade Centers to find loved ones.
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#8 Postby j » Mon Mar 31, 2003 3:35 pm

if it looked anything like that dog below your name...I'd would have woofed at it too. j/k
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#9 Postby chadtm80 » Mon Mar 31, 2003 3:39 pm

if it looked anything like that dog below your name...I'd would have woofed at it too. j/k

LOL.. Looks like a cat to me :lol: :?: :lol: :?: :lol: :?:
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#10 Postby Lindaloo » Mon Mar 31, 2003 4:15 pm

j wrote:if it looked anything like that dog below your name...I'd would have woofed at it too. j/k


Geez j... that is a darn kitty cat!! Get you some seeing glasses. :o
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#11 Postby chadtm80 » Mon Mar 31, 2003 4:19 pm

hehe... So i was right.. LOL
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#12 Postby j » Mon Mar 31, 2003 4:22 pm

it still looks like a dog to me....it has like a beard or something...like one of those ugly Scottish Terriers
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#13 Postby chadtm80 » Mon Mar 31, 2003 4:25 pm

LOL j
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#14 Postby Lindaloo » Mon Mar 31, 2003 4:39 pm

I am sure you get the picture with this one right j?
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#15 Postby chadtm80 » Mon Mar 31, 2003 4:42 pm

Thats a dolphin right? :roll: :lol: :roll: :lol:
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#16 Postby Lindaloo » Mon Mar 31, 2003 4:45 pm

Don't start Chad. :o :lol:
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#17 Postby j » Mon Mar 31, 2003 4:47 pm

its a humpback whale mini shark
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#18 Postby chadtm80 » Mon Mar 31, 2003 4:48 pm

ROFLMAO!
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#19 Postby Skywatch_NC » Mon Mar 31, 2003 4:48 pm

Looks like a Persian cat to me beneath Steph's name. :wink:

Eric :)
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#20 Postby Lindaloo » Mon Mar 31, 2003 4:49 pm

j wrote:its a humpback whale mini shark


I will make it simple for you j.... I am the shark and you are the fish. Got it now? :o
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