To help Sen. Larry Craig (R-Idaho), the American Civil Liberties Union is arguing that people who have sex in public bathrooms have an expectation of privacy. While I'm not saying what Craig did was right or justified and I'm still more upset over his public statements and denial of his homosexual actions, the argument raises serious issues of privacy rights. Craig was arrested on June 11 for allegedly soliciting sex from an undercover officer working a sting in a public restroom at the Minneapolis-St. Paul International Airport.
In papers filed with the Minnesota District Court, the ACLU wrote that a Minnesota Supreme Court ruling 38 years ago found that people who have sex in closed stalls in public restrooms "have a reasonable expectation of privacy." That means the state cannot prove Craig was inviting an undercover office to have sex in public, and even if he was, that sex within the stall would not be illegal due to privacy rights. The argument here is that the invitation, referred to as a freedom of speech, to have sex was not illegal because the resulting action is not illegal. What would happen if the Myrtle Beach Police Department started raiding bathrooms at Celebrity Square? I would guess that more than one straight couple has sought out these stalls for a, shall we say, private moment or two. I'm not saying that you should head out to the nearest john for some action, but the case is raising serious questions that ring a familiar tune to the days surrounding the birth of the Gay Liberation Movement.
Back in 1969, the gay community was gripped with fear as stories of police entrapment in public bathrooms and bathhouse raids raged through metropolitan areas such as San Francisco, Los Angeles, and New York City. A Los Angeles Advocate (currently named The Advocate) article from that year stated, "victims of so-called lewd-conduct arrests risked losing their jobs, their apartments, even their insurance. Many of those arrested had not even responded to the sexual advances of undercover officers - being in the wrong park or restroom at the wrong time could get you arrested, and it was always your word against the vice cop's." Times have changed somewhat as many bathhouses have since shut down, most after the AIDS epidemic, and less people cruise the dark parks at night or roadside rest stops. As more people come out of the closet and venture out, the need to meet people in clandestine locations diminishes. Online chat rooms serve as the new gay bathhouse on any given evening, even in the smallest of towns.
As we move forward into a world where we, as gay men and women, urge the public to see us as everyday people, we shouldn't be ashamed of our sexual history. If gay rights had been achieved back in the late '60s or early '70s, many would not have felt the need to search for companionship in bathrooms or parks. Maybe today's courts can realize the effects of sting operations. By providing freedom of privacy in such an absurd place as a bathroom stall, the case may bring about more freedoms than we realize. Ed Jackson wrote in the above mentioned article that "as a result of these police practices... homosexuals are being deprived of substantive due process under law, and of equal protection of the laws." Nearly 40 years later, an anti-gay Republican Congressman may actually help change that process. As much as Craig has hurt our community, it's ironic that his actions may help our future.
OUT & ABOUT
Friday, Feb. 1 - The Gay Professionals Happy Hour will meet from 5:30 - 7:30 p.m. Friday at Bandera's Lounge, Holiday Inn West,101 Hard Rock Parkway, Myrtle Beach. Formore information email FirstFriday@GambleLivingston.com.
Saturday, Feb. 2 - T-Time, the local Transgender discussion forum meets at 7 p.m. Saturday at The Center Project, located at 307 Highway 15 in Myrtle Beach, followed by the Human Rights Campaign's documentary "Understanding Transgender Issues, Donna Rose's Story" which tells the story of Rose, author of Wrapped in Blue, and her transition from male to female. The film will start at 8 p.m. and will be followed by a short discussion. A small donation to TCP is suggested. For more information call 626-4953 or visit www.thecenterproject.com.
Until next week, have fun and be safe.
-Chris Rudisill, Weekly Surge