The difference between private and public
As soon as I clicked on 365gay.com, I saw it. My jaw hit the floor. Then a slow and silent gurgle worked it’s way up my throat and erupted from my mouth into mocking laugher.
“Are you kidding me?” I heard myself say out loud.
Brace yourselves people. Reading this particular headline may give you whiplash from having to glance at it twice because it’s that unbelievable.
You’ve been warned.
ACLU: Larry Craig Had Expectation Of Privacy In Bathroom Gay Sting Bust
by The Associated Press
Yes, you read that right. Now onto the article and the supposed argument. Wait, it gets better:
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.
Oh, where to begin.
Well, first off I have some advice for dear ol’ Craigy: Quit trying to help yourself, you’re only making it worse!
Ever since this whole thing went down, you’ve done nothing to help your case. You plead guilty without telling anyone, least of all your wife and family. Then you decide to withdraw your guilty plea and resign. And then you decide to wait out the rest of your term all while maintaining that you are not, in fact, a flaming homosexual. Finally, the ACLU jumps to your defense (which may not have been your idea, but I don’t see you telling the ACLU to just let it go). If this is a last ditch effort to clear your name sir, I hate to break it to you but your going about this in the wrong way. You’ve denied this whole incident from the very beginning. But if the ACLU is defending your right to have sex in a public bathroom, wouldn’t that be an admission of your guilt?
If I were you, and thankfully I’m not, I’d resign from my post and get the hell outta dodge. That’s right. I’d disappear for awhile. I’d lay low. I’d quit saying and doing stupid things that put my face right back on the front page of every newspaper in the country. I’d quite dragging this thing on because in the end I’d know that it’s never going to get any better. I’d know that there’s no real way to clear my name at this point. I’d know that the only thing going for me is time, because in time people will forget. In time, people will forgive. And in time maybe I could salvage what’s left of my name, life and family.
As for the ACLU, what can you say really? They defend the rights of child molesters for crying out loud. Where’s the justice in that? This organization was once based on defending civil rights. But they’ve since grown into this ugly monster who pretends to be fighting the evil doers in government when, in all actuality, they end up defending the rights of evil doers in society. The problem with the ACLU is that there are no boundaries. They’ve taken to twisting and interpreting the law as they see fit. They are the “loophole” experts. They are a joke.
OK.
So.
To sum up … the ACLU is defending Senator Craig’s right to have sex in a public bathroom because of his right to privacy.
Privacy in a public bathroom? Isn’t that an oxymoron. When I think of privacy, I think of a place that I own. Like my house. In my house, behind closed doors, I can do as I wish. In a public bathroom on public property, I have to respect the fact that there will be other people there. Hence the word, public. Most people go to public bathrooms to relive themselves, not to have sex. But I don’t think that’s a concept that needs to be explained to the ACLU and Senator Craig in court. I think they are grasping at straws here. And I think they know it.
There is a difference between public and private. And it’s called common sense.
senator craig, sears bathroom, aclu, right to privacy, aclu and senator craig, 365gay.com, american civil liberties association


January 16th, 2008 at 11:37 am
I’m not a lawyer (for which I’m eternally grateful) but it seems to me that an “expectation of privacy” flies out the bathroom window when you reach under the dividing wall to say “Hello!” to the guy — let’s call him John Q. Public — sitting in the next stall….
January 16th, 2008 at 4:17 pm
Great point Mark!
January 16th, 2008 at 8:24 pm
Ahahahahahahahahahahaha! Just like I expect a little privacy when I drink my wine in a restaurant. Haha!