An animal rights activist is challenging Florida’s law that allows parents to keep their children on a dog leash at their properties, saying the law is a violation of the Constitution.
The ruling was upheld by a federal appeals court in September.
But this week, the Florida Court of Appeals reversed the lower court ruling.
The court also ruled that the parents must show the child can walk on his own.
The case was filed in October by two men who live on their farm near Orlando.
The men say their dogs are “safe and well-socialized.”
The law requires the owner to get permission from the local fire department, police and local park district to allow the dog to be on a restricted leash.
The law is meant to protect the dog from harm from humans, who can get loose on the farm.
The judge overseeing the case, Judge Timothy Smith, said that the dogs in the case are safe and well socialized and that there was no evidence of harm.
“I do not consider this an invasion of the rights of the dog owner to have his dog on a confined leash,” Smith wrote.
But the court disagreed, saying there was a case to be made that the Florida law was a violation under the Fourth Amendment.
“The court holds that there is no constitutional right to have a dog on any part of the premises of a home without permission of the owner,” the court wrote.
The appeals court found that there are cases where “the rights of a dog owner or owner’s family members are not so clearly protected by the Fourth and Fifth Amendments that they must be overruled.”
But the appellate court did not address whether the Florida statute is a reasonable search and seizure law under the Due Process Clause.