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</a></td><td align="right"><font face="tahoma, sans-serif" size="2">Tuesday, September 18, 2007</font></td></tr></tbody></table><br>
<div class="label">Spokane</div><h2>ACLU says Craig's rights violated </h2><h4 class="deck">Group says law breaks First Amendment</h4><p class="byline"><span class="name">Betsy Z. Russell</span><br>Staff writer<br>September 18, 2007
</p><p>BOISE –
The American Civil Liberties Union of Minnesota has filed legal
arguments backing Idaho Sen. Larry Craig in his Minnesota court case,
in which Craig is seeking to withdraw his guilty plea in an airport
restroom sex solicitation sting.</p>
<p>"The actions of police in this restroom, the sting operations, are
things that have been conducted against gay men forever," said Chuck
Samuelson, executive director of the Minnesota ACLU. "The object of the
exercise, fundamentally, was never really to stop solicitation of sex
but rather to 'out' gay males."</p>
<p> </p>
<p>Craig has denied being gay and said a police officer misconstrued
his foot-tapping and hand gestures in the airport restroom. He pleaded
guilty to a misdemeanor disorderly conduct charge in the June incident,
but after the news came to light in late August, began working to
withdraw his plea. Craig faces a court hearing in Minnesota on Sept. 26.</p>
<p>Samuelson, whose group filed its "friend of the court" brief Monday
morning in 4th District Court in Minneapolis, said, "Frankly, I could
care less what the senator's sexual proclivities are. But from a First
Amendment point of view, the ACLU hates to see this stuff happen. … Our
client is not Sen. Craig, but rather freedom of speech."</p>
<p>District Judge Charles Porter could rule as soon as today on whether
to allow the ACLU's arguments to be considered in the case, said court
spokeswoman Jamie Smith.</p>
<p>Craig's lead attorney in the case, Billy Martin, said Monday, "We
welcome the ACLU's filing today and their involvement in this case."</p>
<p>He noted, "We have argued to the court that the facts which Sen.
Craig admits happened on that day do not constitute a crime. The ACLU's
legal position is that Sen. Craig's arrest may have violated his
constitutional rights. Furthermore, the ACLU's position is the sting
conducted by the airport police may also violate the protection the
United States Constitution provides all of us."</p>
<p>The legal brief argues that the law under which Craig pleaded guilty
unconstitutionally makes speech and private sexual solicitation into
crimes. "Sex is a constitutionally protected liberty interest," the
brief states.</p>
<p>"An invitation to have private sex is constitutionally protected and
may not be made a crime. This is so even where the proposition occurs
in a public place, whether in a bar or in a restroom."</p>
<p>It notes that one 1970 Minnesota Supreme Court case held that two
men engaged in sexual activity in a department store restroom with the
stall door closed had a reasonable expectation of privacy. "They were,
the court held, therefore acting in a private, not a public place," the
brief states. It also says that posting a sign that the restroom was
patrolled would have been a better deterrent to public sex than a sting
operation.</p>
<p>Said Samuelson, "The entire sting is constitutionally suspect."</p>
<p>He added, "The law in Minnesota is that solicitation for sex is not
illegal. Solicitation of sex in a public space is illegal and
solicitation for the sale of sex is illegal. But between consenting
adults, it's legal. … He didn't commit a crime in Minnesota. It hadn't
gotten to that point. … And furthermore, we're contending that he was
charged improperly."</p>
<p>The ACLU filed a motion along with its brief, asking the court to
consider its arguments in the case. In the motion, the group said it
has more than 10,000 members in Minnesota who "share a commitment to
the defense of the rights that are guaranteed by the United States
Constitution. </p>
<p>Among the most fundamental of these rights are the right to due process and the right to free expression."</p>
<p>The motion said, "The outcome of this case will have a broader
impact on the constitutional rights of other individuals facing
prosecution" under Minnesota laws.</p><br clear="all"><br>Sumitted by:<br>Gray Tree Crab aka "Big Bertha"