He died the next day of the gunshot wound. That was in Jefferson Parish, on December 13, 2017.
Foise perceived the canine's barking as excessive.
In some jurisdictions that's classified as a public nuisance.
The police can be called. They make the judgment call whether the barking is excessive or that's just what dogs, so.
If labeled a problem, the dog could be removed. The pet parent might have to pay a fine to bail out the dog. Also, there could be a formal court hearing.
Why more of us don't do just that - bring the police into the loop - is that we fear retaliation. That neighbor we rat out can throw a hunk of poison meat over the fence into our yard for our dog to eat. Key our car. And/or even report our dog to the authorities for whatever.
Held hostage to all the neighbors' barking dogs, we might salute Foise as our kind of anti-hero.
As I work in my home office, a dog in the next apartment building barks non-stop while his pet parent is at work. The dog with an anxiety disorder two flights over me barks excessively even when the pet parent is there.
Twice I contacted the property manager. Twice I was told no one else has complained so what's with me.
On bad days, I am tempted to do what Foise did: Allegedly kill off the public nuisance.
I do not cross that line over into crazy because I know the legal consequences can be severe. As Ronn Blitzer reports in Law & Crime Network, Foise has been charged with:
- Aggravated cruelty to animals
- Illegal Discharge of a firearm
- Possession in her residence of Schedule II and IV drugs. (Authorities found those when they searched her home.)
Currently Foise is in jail.
Few of us could afford that time away from our jobs/businesses, the legal fees, and the possible erosion of our brand. In addition, Foise could have her license yanked, temporarily or permanently.
So, we endure the barking. And hope we don't just snap.
As lawyers know, public nuisance can be difficult to prove. The plaintiffs in the Rhode Island lead paint class action public nuisance trial couldn't pull that off. Eventually that state's Supreme Court tossed the case.
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