February 11, 2009 3:35 PM

ACLU: Sex In Restroom Stalls Is Private

(AP)  In an effort to help Sen. Larry Craig, the American Civil Liberties Union is arguing that people who have sex in public bathrooms have an expectation of privacy.

Craig, of Idaho, is asking the Minnesota Court of Appeals to let him withdraw his guilty plea to disorderly conduct stemming from a bathroom sex sting at the Minneapolis airport.

The ACLU filed a brief Tuesday supporting Craig. It cited a Minnesota Supreme Court ruling 38 years ago that found that people who have sex in closed stalls in public restrooms "have a reasonable expectation of privacy."

That means the state cannot prove Craig was inviting an undercover officer to have sex in public, the ACLU wrote.

The Republican senator was arrested June 11 by an undercover officer who said Craig tapped his feet and swiped his hand under a stall divider in a way that signaled he wanted sex. Craig has denied that, saying his actions were misconstrued.

The ACLU argued that even if Craig was inviting the officer to have sex, his actions wouldn't be illegal.

"The government cannot prove beyond a reasonable doubt that Senator Craig was inviting the undercover officer to engage in anything other than sexual intimacy that would not have called attention to itself in a closed stall in the public restroom," the ACLU wrote in its brief.

The ACLU also noted that Craig was originally charged with interference with privacy, which it said was an admission by the state that people in the bathroom stall expect privacy.

Craig at one point said he would resign but now says he will finish his term, which ends in January 2009.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by p-syrus January 18, 2008 5:35 AM EST
NO, IT IS NOT PRIVATE!!!! IT''''S IN A PUBLIC RESTROOM, ...

Posted by gunnerv1

Problem is the Supreme Court of the relevant state, Minnesota, appears to disagree with your viewpoint, as the ACLU has pointed out.

What the Minnesota Supreme Court has previously decided in such matters is highly relevant to Craig''s legal defense.

What a "normal person" might choose to believe about the matter isn''t especially important.

Don''t blame the ACLU, it''s a question of Minnesota law.

Reply to this comment
by simonsez40 January 17, 2008 7:20 PM EST
Craig makes me ill - admit that you were soliciting *** - resign and own up to your wrongdoings? Please tell me this man can not hold office anymore.......an example of an unashamed Republican that will do WHATEVER IT TAKES TO CONTINUE THE CHARADE OF GOVERNMENT AND LEADERSHIP. Bush has done this for our entire country. Disgusted!
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by gunnerv1 January 17, 2008 7:06 PM EST
NO, IT IS NOT PRIVATE!!!! IT''S IN A PUBLIC RESTROOM, WITH OPENINGS UNDER THE STALL WALLS, DOOR AND TOP. GET A GRIP AMERICA AND COME TO YOUR SENSES, ANY KIND OF S*E*X IN A PUBLIC RESTROOM IS NOT NORMAL BEHAVOR!
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by b-easy63 January 17, 2008 6:55 PM EST
I''''ve heard of officers arresting men who said "hi" to them at the sinks while washing their hands because they think that''''s a code word for, "do you want to have s*x."

Posted by mennowoman at 04:44 PM : Jan 16, 2008

Yeah, you "heard" it from the ones caught no doubt. The fact is, if someone is caught by police in a sexxx sting, odds are they were doing more with their mouths than saying "Hi"

Lying or Denial is the first refuge of a criminal, when that does not work, the stories and justifications really get inventive. If a man is caught in a sexxx sting, it would have taken more than words to get him to that point--no matter what your husband or any other man has told you.
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by ioweign January 17, 2008 5:50 PM EST
Larry Craig is the Dimnowit''s Poster Boy. He''s a vehicle for the Dimnowits to push their agenda. We could care less what Larry Craig does now or in the future other than get himself out of politics. The man''s a disgusting disgrace. But you people just like to dangle him like poop. That''s why you approve of what the ACLU is doing. Well be careful, that poop could fall right on you. If you advocate *****, you will reap the rewards ***** generates.


Posted by mudrose at 11:37 AM : Jan 17, 2008



Double standards from the Republicans and you continue to judge others with standards people in your party don''t follow. What ever happened to live and let live ? What next a religious standard ? Oh wait - you have Huck !
Reply to this comment
by klingon69 January 17, 2008 3:53 PM EST
Privates gone, long gone Larry!
Posted by tbweb at 02:40 PM : Jan 16, 2008
If his privates were gone, why did he want ***?
Reply to this comment
by klingon69 January 17, 2008 3:50 PM EST
On the other hand, if you trespass beyond the boundary established by the partition, into the adjoining stall area in an unsolicited manner, that should constitute invasion of privacy, sexual harassment or at the very least, trespassing.
Posted by brianp55 at 02:15 PM : Jan 16, 2008
I do agree, however, are you sure he wan''t just stamping his foot in frustration and reaching his hand under to ask for toilet paper?
HEHEHEHEHEHEHEH
Reply to this comment
by dbstevens January 17, 2008 3:46 PM EST
Absolutely pathetic. These people are making a complete mockery of our judicial system and the intelligence and common sense of the general public.
Reply to this comment
by mudrose-2009 January 17, 2008 2:37 PM EST
Larry Craig is the Dimnowit''''s Poster Boy. He''''s a vehicle for the Dimnowits to push their agenda. We could care less what Larry Craig does now or in the future other than get himself out of politics. The man''''s a disgusting disgrace. But you people just like to dangle him like poop. That''''s why you approve of what the ACLU is doing. Well be careful, that poop could fall right on you. If you advocate *****, you will reap the rewards ***** generates.

Reply to this comment
by beehive21-2009 January 17, 2008 2:11 PM EST
ALCU has it right ,however we do not want some creepy punk tapping the feet next door,when we just want a dump we also have a right to so w/o any funny stuff.
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