Thread: ACLU supports Larry Craig; says sex in public is private

Sex in restroom stalls is private, ACLU says
Civil liberties group goes to bat for Sen. Craig
INTERACTIVE
updated 11:38 p.m. ET, Tues., Jan. 15, 2008

ST. PAUL, Minnesota - In a legal effort to help a U.S. senator, the American Civil Liberties Union is arguing that people who have sex in public bathrooms have an expectation of privacy.

Republican Senator Larry Craig is asking the Minnesota Court of Appeals to let him withdraw his guilty plea to disorderly conduct related to a bathroom sex sting at the Minneapolis airport last year.

Craig was arrested by an undercover police 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 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 the undercover officer to have sex in public, the ACLU wrote.

Even if Craig was inviting the officer to have sex, the ACLU argued, his actions would not 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 a 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.
http://www.msnbc.msn.com/id/22674564/

Live Vote: Do you agree with ACLU?
http://www.msnbc.msn.com/id/22680397/

The ACLU, in a brief supporting Sen. Larry Craig, says that people who have sex in closed stalls in public restrooms "have a reasonable expectation of privacy." Do you agree? * 1350 responses

Yes
19%

No
78%

I'm not sure
2.8%

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 the undercover officer to have sex in public, the ACLU wrote.

Even if Craig was inviting the officer to have sex, the ACLU argued, his actions would not 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.

ROFLMHO!!!! Are they serious?!?!?! First they say the govt cant prove it, then they say they cant prove anything other than sexual intimacy??

Isn't "sexual intimacy" the same as HAVING sex???

Dang! I just got dumber!!! (really should have a cross eyed smiley here)

The ACLU, in a brief supporting Sen. Larry Craig, says that people who have sex in closed stalls in public restrooms "have a reasonable expectation of privacy." Do you agree? * 1592 responses

Yes
19%

No
78%

I'm not sure
3.2%

You know your case is hopeless when the ACLU steps in...

In a legal effort to help a U.S. senator, the American Civil Liberties Union is arguing that people who have sex in public bathrooms have an expectation of privacy.

How can you have "private" sex in a "public" restroom???

What on EARTH has happened to common decency? I don't know about you, but if I'm using a public restroom, I have a REASONABLE expectation for people not to be having sex in the stall next to me!!!

The ACLU, in a brief supporting Sen. Larry Craig, says that people who have sex in closed stalls in public restrooms "have a reasonable expectation of privacy." Do you agree? * 1778 responses

Yes
19%

No
77%

I'm not sure
3.4%


Now everyone who was ever arrested/fined/cited for having sex in a public restroom can sue/get a refund? Open season on public sex!

Yes
19%

Speaking only for myself, it looks like we have a serious problem with miscreant deviants in this country when 19% think it is perfectly fine and dandy to have sex in public restrooms!!!

It coming down to "the rules are there are no rules" Next it will be " if you didn't want to see me having sex you should have closed your eyes" And then you'll get sued for not closing your eyes!

What about young children who need to use PUBLIC restrooms. If this behavior is allowed, won't more young boy's be at risk?

Where is the "common sense" here? Oh yeah, the ACLU has no common sense.

Des Moines, Iowa put in sky-walks years ago. I was using one late one night to get to the last bus on my route home. I encountered a couple having sex on the stairwell exit (elevators not yet installed). I said "Excuse me. I've a bus to catch and I need room to get by.". The gentleman pulled the woman closer so that I could pass. He and I both being reasonable people, we were fine. However, when he got to laughing so hard he "lost interest" the woman got very angry. Public sex, whether bathrooms or stairwells, can have no expectation of privacy. When reduced to a spectator sport, sex is simply laughable.