Cutting to the chase: The American Civil Liberties Union now says it's siding with Craig and has filed a brief on his behalf in the district court in Hennepin County, Minn.
Their take on it: Craig didn't do anything wrong by soliciting sex, if that's what he was doing. They argue it would be more of a problem if Craig had intended to solicit someone for sex in public. The private stuff, well, if we all got busted for suggesting a quickie somewhere, I suppose some downtown bars would pretty much go out of business this weekend.
But the ACLU's beef is that the cops could just as easily have put up a sign saying "NO FOOTSIE" and posted a cop at the door of the john, rather than stick a cop in the john and hope for some footsie.
"The real motive behind secret sting operations like the one that resulted in Sen. Craig's arrest is not to stop people from inappropriate activity. It is to make as many arrests as possible—arrests that sometimes unconstitutionally trap innocent people," said Anthony Romero, executive director of the ACLU. Solicitation for private sex, regardless if it occurs in a bar or a restroom, is protected speech under the First Amendment, the ACLU argued.
The ACLU: protecting your right to use bad pickup lines.
And smugly taking the high road:
"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 Romero. "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."
On Tuesday Judge Charles Porter allowed the brief's filing.