Case of Man Barks at Dog Raises Constitutional Issues - Law Blog - WSJ

Case of Man Barks at Dog Raises Constitutional Issues - Law Blog - WSJ

By Nathan Koppel

We take you from one unusual criminal case to another.

Earlier this year, Ohio resident Ryan Stephens was charged with an offense we had no clue existed: teasing a police dog.

Here are some of the relevant facts in the case, as set out in this Ohio state court ruling. (HT: The Volokh Conspiracy.)

In April, a police officer responded with his K-9, Timber, to a report of a traffic accident at a pub in Mason, Ohio. After the officer heard Timber “barking uncontrollably,” the officer allegedly witnessed Stephens close to a police cruiser making barking and hissing noises at Timber, who evidently responded in kind. “Due to Timber’s stressful and agitated response, the police cruiser was noticeably rocking back and forth,” according to the court’s opinion, which notes that Stephens informed the officer that “the dog started it.”

Stephens was charged with a 3rd-degree misdemeanor for violating a Mason Municipal Code provision that states that “no person shall maliciously or willfully tease or strike dogs used by the police department.”

The defendant has moved to dismiss the charge on the grounds that the statute at issue is unconstitutionally vague and jeopardizes his free-speech rights.

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