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Court Says Man Can Legally Bark at Police Dog

The 4th Ohio District court of Appeals upheld the dismissal of charges against a man who returned the barks of police dog Pepsie in Athens, Ohio, in September 2001.

April 10, 2003

The 4th Ohio District court of Appeals upheld the dismissal of charges against a man who returned the barks of police dog Pepsie in Athens, Ohio, in September 2001.

Jeremy Gilchrist, then 21, came across the dog, which was in a police cruiser, as he walked along a street with friends. His attorney said he was trying to be funny when he barked back.

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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 into a frenzy.”

But 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.