Again, Why Was Larry Craig Arrested
Another view from Radley Balko:
Is it really illegal to try to find a sexual partner in a public bathroom using code? How would that be any different than looking for a sexual partner at a dance club, be it using code, pick-up lines, or any thing else in your singles arsenal?
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I’m okay with laws against actually having sex in a public bathroom, provided that the actual owner of the bathroom, which I guess in this case would be the airport, doesn’t want it going on. But Craig doesn’t seem to have been guilty of actually having sex. Only in seeking out a sexual partner.
Another big problem with Craig’s arrest and conviction is that the law he ultimately plead guilty to is so hopelessly vague that it could be applied to just about any sort of public behavior somebody somewhere might find objectionable. Take a look at the Minnesota law Craig has been convicted of violating:
Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor.
Pro-abortion protesters anger me. Is that disturbing the peace? The other day a guy I was standing behind in line broke wind, and I was disturbed. Was he disturbing the peace?
Reasonable people would say no, but a strict reading of Minnesota’s law would seem to allow for the arrest of these people. This law is so vague that it seems to hinge almost entirely upon the discretion of the police and/or prosecutor. And that’s a problem.
I still maintain that what Senator Craig did was creepy, but not illegal even if it can be defined as such by Minnesota’s current cadre of vague laws.













