taking privacy a step too far

The American Civil Liberties Union (ACLU) is apparently supporting Idaho Senator Larry Craig's attempt to withdraw his guilty plea relative to the infamous sting in which he was alleged to have solicited homosexual sex in an airport bathroom.

The ACLU is claiming that a previous Minnesota court decision provides for the expectation of privacy of individuals taking part in sexual encounters in public bathroom stalls. By extension, I guess the new theory is that the solicitation for sex cannot be a crime since the ensuing act would presumably be protected by some privacy right.

This seems like a strange and bizarre position to take. While it is reasonable to have an expectation of privacy in a public bathroom in using those facilities for their intended purpose, to extend that privacy right like this makes no sense at all. Does a public restroom stall now become some extension of one's residence?

A public restroom stall is not sealed off from the rest of the world. It would be noticeable to a casual observer if there are two individuals in a stall and who knows how much noise and commotion would ensure from the kind of activities advocated by the ACLU. If the ACLU's position is to be upheld, people would be reluctant to use the restrooms for their intended purposes.