A La Crescent couple was so fed up with their neighbor's dog defecating on their lawn "every single day," stealing their food, and growling at them, they said they had a constitutional right to poison the 8-year-old Labrador/collie.
The dog, named Sadie, died March 11. Scott and Tammy Bailey were charged in April with felony and gross misdemeanor counts of animal cruelty for the death.
They say they had the right to kill the dog because of the 14th Amendment's guarantee of equal protection. Under Minnesota law, farmers have the right to kill dogs to protect their own livestock. Apparently this man's steak was worth protecting.
Scott Bailey, frustrated by Sadie wandering into his backyard, foraging in his garbage and stealing a steak off his grill, left a cup of antifreeze by the grill, according to the criminal complaint.
Attorney Tim Guth said his clients believed the antifreeze smell would deter the dog.
Guth argued that the dog had been defecating on the Baileys' yard "every single day" since they moved into the home in 2002, and since Minnesota law allows citizens to kill dogs that attack or harass livestock, the same protection should be extended to city dwellers.