January 17, 2008
Strike that, says the ACLU
Posted by: Chris
A sharp-eyed reader of The Citizen from Minneapolis noticed that the ACLU has issued a statement on its website disclaiming the AP story on which I based my earlier post. In particular, the ACLU says:
The Minnesota Supreme Court and other courts have found that a closed bathroom stall is a private location. The police have no business spying on people in places where there is an expectation of privacy. The ACLU is in no way advocating sex in public bathrooms. If law enforcement is genuinely interested in stopping sex in public bathrooms rather than ensnaring people in sting operations, posting a sign prohibiting it and announcing police patrols would be much more effective and would meet constitutional requirements.
The point here is that the Minnesota Supreme Court, not the ACLU, has ruled that a closed bathroom stall is a private location. Frankly, I'm not buying it, depending on the context of that earlier ruling -- I'm betting it was a case involving eavesdropping or surreptitious videotaping, not public sex. If so, then the ACLU is in fact arguing for an extension of that ruling to cover sex as well.
I've asked the ACLU for a copy of the brief, which will hopefully clear the matter up.
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