ACLU: Sex in Restroom Stalls Is Private

[Chris_]

ACLU: Sex in Restroom Stalls Is Private

ST. PAUL, Minn. - 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.

 

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[jtyangel]

Well, yay

[Chris_]

Well, yay

Yeah, now instead of telling people to "get a room", we can just tell them to "get a stall".
 

[jtyangel]

Well, yay

Yeah, now instead of telling people to "get a room", we can just tell them to "get a stall".
 

I wonder if this could backfire on him since couldn't the undercover have expected the same 'right to privacy' while he tends to what the bathroom is really there for?

[mamacags]

I wonder if they would claim that if someone was reading Bible verses aloud in an airplane bathroom? 

[Splashdown]

The ACLU gets wackier and wackier

[MPCOA]

Somehow, I am doubting that they would defend a legally married man and woman if they had sex in a stall.

[Uhhuh35]

Not even close. No one has REP in a public area. Public restrooms are just that: PUBLIC. This is yet more proof that the ACLU exists only to run down our country and society. They are part of the fifth column.

[Lord Undies]

Not even close. No one has REP in a public area. Public restrooms are just that: PUBLIC. This is yet more proof that the ACLU exists only to run down our country and society. They are part of the fifth column.

Closer than you think.  I'm sure I cannot find a link because I don't remember any of the vital information, but there was a drug case that involved a restroom stall. The judge found that IF the stall had a door and IF the stall door had a latch, the person inhabiting the stall had a reasonable expectation of privacy.  The ruling then went on to define how an individual seeking privacy in a public area, such as a restroom stall, renders said space a temporary, but necessary, private quarter.

The ACLU probably knows of this case and plans to use it.

[DixieBelle]

so the ACLU is helping Craig?? have they gone off key???

[Uhhuh35]

Closer than you think.  I'm sure I cannot find a link because I don't remember any of the vital information, but there was a drug case that involved a restroom stall. The judge found that IF the stall had a door and IF the stall door had a latch, the person inhabiting the stall had a reasonable expectation of privacy.  The ruling then went on to define how an individual seeking privacy in a public area, such as a restroom stall, renders said space a temporary, but necessary, private quarter.
The ACLU probably knows of this case and plans to use it.

Interesting. Here's a similar case, but the door was unlatched:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wi&vol=wisctapp2%5C2003%5C02-1008&invol=1

"NETTESHEIM, P.J. The State appeals from a trial court order granting Juan M. Orta's motion to suppress evidence of drug possession. The court ruled that Orta had a legitimate expectation of privacy in the public rest room stall where he engaged in a drug transaction with another individual and therefore Orta had standing to challenge the search.

¶2. We reverse the trial court's order. We conclude that an individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and evinces no indication that the stall is being used for its intended purpose."

So a partitioned toilet is considered a single use facility. If there a re two people in it, it's assumed it's not being used for toilet purposes thus losing the REP.

[Lord Undies]

Closer than you think.  I'm sure I cannot find a link because I don't remember any of the vital information, but there was a drug case that involved a restroom stall. The judge found that IF the stall had a door and IF the stall door had a latch, the person inhabiting the stall had a reasonable expectation of privacy.  The ruling then went on to define how an individual seeking privacy in a public area, such as a restroom stall, renders said space a temporary, but necessary, private quarter.
The ACLU probably knows of this case and plans to use it.

Interesting. Here's a similar case, but the door was unlatched:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wi&vol=wisctapp2%5C2003%5C02-1008&invol=1

"NETTESHEIM, P.J. The State appeals from a trial court order granting Juan M. Orta's motion to suppress evidence of drug possession. The court ruled that Orta had a legitimate expectation of privacy in the public rest room stall where he engaged in a drug transaction with another individual and therefore Orta had standing to challenge the search.

¶2. We reverse the trial court's order. We conclude that an individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and evinces no indication that the stall is being used for its intended purpose."

So a partitioned toilet is considered a single use facility. If there a re two people in it, it's assumed it's not being used for toilet purposes thus losing the REP.

I guess it is real important to remember to use side-by-side stalls, lock the doors, and do your business under the partition.

[jinxmchue]

people who have sex in public bathrooms have an expectation of privacy

Once again, the ACLU desperately tries to convince us that 1 = 0.

[Wretched Excess]

Not even close. No one has REP in a public area. Public restrooms are just that: PUBLIC. This is yet more proof that the ACLU exists only to run down our country and society. They are part of the fifth column.

Closer than you think.  I'm sure I cannot find a link because I don't remember any of the vital information, but there was a drug case that involved a restroom stall. The judge found that IF the stall had a door and IF the stall door had a latch, the person inhabiting the stall had a reasonable expectation of privacy.  The ruling then went on to define how an individual seeking privacy in a public area, such as a restroom stall, renders said space a temporary, but necessary, private quarter.

The ACLU probably knows of this case and plans to use it.

good heavens, I was certainly hoping so.  it certainly doesn't make sense if you don't have a REP in a bathroom stall.

[Airwolf]

I wonder how the DUmpmonkies are going to react to this, The ACLU helping out a Repug?

[jtyangel]

I wonder how the DUmpmonkies are going to react to this, The ACLU helping out a Repug?

My guess is they'll turn him into some folk hero of the left and he'll run on a dem ticket in a few years as a model against oppression of gays.

[Chris_]

The ACLU gets wackier and wackier

This was a righteous suit and a proper result.  Craig acted gay, big freaking deal.   That isn't any reason to arrest him.

[Wretched Excess]

I wonder how the DUmpmonkies are going to react to this, The ACLU helping out a Repug?

they were already suffering from cognitive dissonance after half of them attacked a homosexual
as "perverted".  So I am thinking their confusion will only get more intense . . . and therefore, more
entertaining for us, of course.

[Lauri]

we need to forcibly disband the ACLU .. it serves no public good.

[SSG Snuggle Bunny]

Everyone knows that when James Madison was writing the Constitution he tore off a piece and slid it under the bathroom stall next to him to solicit a glory-hole blow-job from Ben Franklin.

[Lord Undies]

Everyone knows that when James Madison was writing the Constitution he tore off a piece and slid it under the bathroom stall next to him to solicit a glory-hole blow-job from Ben Franklin.

What was Madison and Franklin doing in Wyoming?