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The public has a right to enter public areas without worrying about inadvertently seeing lewd acts, Gregson said. Most officers know the difference between an intentional signal and a stray motion," he said.
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They rely on their own knowledge and experience to tell what is happening. "Police officers will investigate areas that have known histories of this sort of activity. Police officers, for the most part, only investigate an area after members of the public have complained about it being used for sex, said Rich Gregson, executive director of the California Peace Officers Association. Today, Craig denied being gay and said he made a mistake by pleading guilty. "What constitutes probable cause to arrest someone? If a case like this went to trial, police officers would have to produce evidence to say here is how we can say with certainty this is was really a lewd act," he said.Ĭraig pleaded guilty to the charges and therefore opted against a trial. "But if there is evidence that a sting is motivated by anti-gay animus, that may represent a more troubling issue."Īt trial, Sanders said, police would have to prove that actions such as foot tapping were known signals for soliciting sex. "Citizens have a right not to confront lewd activity in public places," said Steve Sanders, a lawyer and gay rights activist. Griffith said that officers involved in such stings tend to be young and that anecdotal posts on his site indicate the local arrest rates increase around the time of elections or when media attention focuses on the issue.īecause much of the signaling is itself benign behavior, some gay rights activists and lawyers have admonished police departments for arresting men who have done little more than tap their feet. They may be meeting in public locations, but they will be as discreet as possible," Griffith said.Ĭruising areas traditionally have been those parts of town "women and children are told to avoid," but through word of mouth, bathrooms at places like Wal-Mart or Home Depot can become cruising locales, he said. The vast majority have no interest in being seen. They will see each other and usually decide to go someplace else.
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"They will usually go to the stall at the far end of the strip of toilets. "Tapping of the foot is pretty standard for men who cruise in toilets," said Keith Griffith, owner of, a Web site on which visitors post locations popular with men looking for anonymous sex. In an effort to curb lewd acts in public - or as some gays argue, in an effort to persecute gay men - undercover police began sting operations in places known for sex soliciting and employed the same codes. Over time, people familiar with cruising told, gay men began using a codified system of signals to indicate to others that they were interested in sex. Public places like men's restrooms, in airports and train stations, truck stops, university libraries and parks, have long been places where gay and bisexual men, particularly those in the closet, congregate in order to meet for anonymous sex. Craig told reporters today that he did nothing inappropriate and said his guilty plea was a mistake. Those actions led to Craig's arrest by Detective Dave Karsnia and the senator's guilty plea to a disorderly conduct charge. Ilhan Omar called to "expand the court" after the leaked decision made headlines, saying the current Supreme Court justices will "not stop here.Craig tapped his foot up and down and swiped his hand underneath the bathroom stall in which the undercover cop was sitting, according to the police report. Alexandria Ocasio-Cortez tweeted that she believes the Supreme Court "isn't just coming for abortion - they're coming for the right to privacy Roe rests on, which includes gay marriage + civil rights." -Alexandria Ocasio-Cortez May 3, 2022 Wade is overturned.īut by undermining the constitutional justification for abortion by targeting unenumerated rights - constitutional rights that aren't explicit in the text but are implied - Democrats say the nation's highest court is setting up future legal fights to roll back other long-held constitutional rights. Alito adds in the opinion that "the cases on which Roe and Casey rely" are safe because none "involved the critical moral question posed by abortion," meaning the decisions to allow same-sex and interracial marriage, the right to contraception, prohibiting sterilization without consent would not be affected, even if Roe v.