By The Associated Press
ATHENS, Ohio (AP) -- A man was using 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 in this southeast Ohio city in September 2001.
Jeremy Gilchrist, then 21, encountered 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.
``The mere fact that the police dog had commenced the barking did not entitle it to a solo performance,’' attorney Patrick McGee wrote in the appeal.
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, Eliason said Friday.
Athens is about 65 miles southeast of Columbus.