Two men who were arrested on the suspicion of taunting a police dog will appear for a pretrial at Athens Municipal Court this morning after a motion to dismiss on Constitutional grounds was denied.
Ohio University junior Justin A. Kryszan, 21, and OU senior Jason P. Fiorentini, 21, were arrested on two separate occasions for allegedly taunting a police dog. The men, who are being represented by the Center for Student Advocacy, filed a motion to dismiss charges under the claim that barking is protected under the First Amendment.
I see barking as protected speech
said Patrick McGee, attorney for the Center for Student Advocacy. Would they have been charged if they had mooed?
Judge William Grim denied the motion to dismiss the charges because he found barking to be in the category of fighting words, which are not protected under the First Amendment, he said.
An Athens Police Department officer arrested Kryszek on Sept. 5, 2003, after he allegedly barked at a police dog. Kryszek's barking sent the dog into a barking frenzy according to an APD police report.
McGee said the dog had barked first, and Kryszek responded to that.
The dog had had stitches taken out of his left front paw a week prior to the incident, and a small spot on the incision came open during the incident, according to the report.
Fiorentini was arrested on Oct. 10, 2003, after barking at the police dog and waving his arms at his sides. The police report said the dog could have caused further damage to the paw by slamming against the car window after being provoked.
McGee said the pretrial will be a procedural hearing to see whether the case will go to jury.
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