http://www.allheadlinenews.com/articles/7008547335
September 17, 2007 5:26 p.m. EST
New York, NY (AHN) - Sen. Larry Craig (R-ID) had every right to tap his feet and wave his hands in a Minneapolis airport restroom, says the American Civil Liberties Union, who filed court documents Monday calling the secret sting operation used to arrest him "unconstitutional."
The Idaho senator pled guilty to disorderly conduct last June after an undercover officer alleged that the gestures were intended to solicit sex. Craig has since denied the charges and asked permission to withdraw his plea.
In a friend-of-the-court brief filed in a Minnesota District Court Monday, the ACLU urged that the court allow him to do so, contending that the government does not have a case against the senator, since they cannot prove that the sex would have occurred in public. Solicitation for sex, regardless of where or how it occurs, is protected under the First Amendment. When free speech rights come into play, the brief maintains, police enforcement actions must be "carefully crafted" so that they don't unnecessarily ensnare people who are engaging in constitutionally protected speech.
"Senator Craig has not always been a great friend of civil liberties, but you shouldn't have to endorse the civil liberties of others to keep your own," said Anthony Romero, Executive Director of the ACLU. "Government should make public restrooms safe for all, but it should do so in a manner that is really designed to stop inappropriate behavior, rather than destroying the lives of people who might have no intention of doing anything illegal."
A Hennepin County District Court judge is scheduled to hear arguments on Craig's motion to withdraw his plea on September 26.
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