Civil Liberties Union Argues Sex In Restroom Stalls Is Private

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 to let him withdraw his guilty plea to disorderly conduct stemming from a bathroom sex sting at the Minneapolis airport.

The ACLU 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."

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.

The ACLU now says that even if Craig was inviting the officer to have sex, his actions wouldn't be illegal since he has a right to privacy to do anything he wants in the restroom stall -- as long as he didn't have sex in public.

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