Barking Not Part Of Free Speech, Court Rules

Freedom of speech is guaranteed by the Constitution, but what about the freedom to bark?

The North Dakota Supreme Court has rejected a claim that an anti-barking ordinance is unconstitutional.

Fred Kilkenny got a ticket for his barking dogs in Belfield, N.D., even though he was in Mississippi at the time helping Hurricane Katrina victims. His lawyer argued that Belfield's anti-barking law is too vague to be fairly enforced.

But the judges on the state's high court saw no reason to muzzle local officials. The ruling noted that similar dog-barking ordinances have constitutional teeth.

Kilkenny may take his case to the U.S. Supreme Court.

Culture vs. Cruelty

Controversy over the treatment of live animals in urban Asian markets rages on. Asian-American leaders have accused animal-welfare activists of racism, and the activists call the merchants callous animal torturers. A new bill in California aims to end the battle once and for all.

It's cat vs. rat in NY delis

New York city’s health code and state law forbid animals in places where food or beverages are sold for human consumption. Fines range from $300 for a first offense to $2,000 or higher for subsequent offenses.

But many deli and Bodega owners in New York City are defending their right to keep cats in their stores. The cats keep the rat and mice under control - city inspectors contend the cats pose a health hazard.

Many store owners keep cats despite the law, mainly because other options have failed and the fine for rodent feces is also $300.

“It’s hard for bodega owners because they’re not supposed to have a cat, but they’re also not supposed to have rats,” said José Fernández, the president of the Bodega Association of the United States.