man charged with barking at police dog

A Mason man charged with barking at a police dog may be able to claim the right of free speech.
Enquirer reporter Janice Morse reports that a state law forbidding barking at a police dog might not have any teeth, according to the ACLU of Ohio.

The case of Ryan Stephens, set for a hearing Thursday in Mason Municipal Court, resembles an Athens County case that a state appeals court threw out in 2003, notes James Hardiman, an ACLU attorney.
Both cases involved men charged with misdemeanors under an Ohio law forbidding taunting a police dog. Both defendants were reported to have been drinking alcohol prior to the alleged unlawful barking. And both cases raise free-speech issues, Hardiman said, adding, “The taunting statute may not be constitutional.”
Barking at a police dog – or a police officer, for that matter – “may not be the wisest thing to do, but it probably would be protected speech,” under the U.S. Constitution, Hardiman said.

Stephens, 25, of Mason was charged with the misdemeanor taunting office on April 3 after a police officer said Stephens was “making barking noises and was hissing at the police dog inside of the car,” a police report says.
Officer Bradley Walker was outside the car investigating a car crash at the Mason Pub when he said he heard the animal “barking uncontrollably” in response to Stephens’ alleged taunting, a report says.
“Timber (the dog) responded as trained and started to bark,” the officer wrote. Walker alleges that he attempted to confront Stephens but Stephens walked away and ignored commands to stop. The officer said he asked Stephens why he was harassing the animal, and Stephens replied, “The dog started it.”
Walker said Stephens showed signs of being “highly intoxicated,” and he warned Stephens he was being detained and ordered him to sit in the rear of another officer’s cruiser.
The report says officers told Stephens that “deliberate teasing would result in the (dog) responding aggressively and that response could potentially injure the (dog).”
Stephens was released to a bar employee who promised to drive him home.
Stephens is being represented by attorney Jim L. Hardin. Neither could be reached for comment Monday.
 by rrichardson taken from http://masonbuzz.com/2011/04/19/mason-man-charged-with-barking-at-police-dog-heads-to-court-this-week/