Judge rules man doesn't have right to bark at police dog

Ryan Stephens did not have a constitutional right to bark and hiss at a police dog in Mason, Ohio, last April, a municipal judge ruled on Friday. That leaves Stephens to face possible trial on a charge of teasing the Mason K-9 Timber, with a possible penalty of 60 days in jail.

Judge Andrew Batsche struck down Stephens request to dismiss the charge and toss out Mason's law against abusing police dogs because it violated free speech and was too vague. Stephens' lawyer Jim Hardin had argued in June that his client had a First Amendment right to bark at the dog.



He pointed to an Ohio case out of Athens in which a judge threw out similar charges against suspect Jeremy F. Gilchrist who was arrested for barking at a police dog from across a street - more than 30 feet away. Batsche said Stephens was much closer, only inches from the cruiser window when he allegedly taunted Timber.

"Even if there was a communicative value to the Defendant's barking and hissing, it is clear that this ordinance is directed toward prohibited conduct and impairment of a First Amendment right is incidental," Batsche wrote. It is unclear whether he will appeal the case to a higher court or proceed with hearings before Batsche.