Scott Lemieux raises a good point. Why was Sen. Craig arrested? Is it really illegal to try to find a sexual partner in a public bathroom using code? How would that be any different than looking for a sexual partner at a dance club, be it using code, pick-up lines, or any thing else in your singles arsenal?

I suppose you could argue that most people don’t expect to be propositioned in a bathroom, and could be offended or humiliated should it inadvertently happen to them. But then, those people wouldn’t be privy to any foot-tapping codes, so it seems to me there’d be little risk of someone being accidentally propositioned.

I’m okay with laws against actually having sex in a public bathroom, provided that the actual owner of the bathroom, which I guess in this case would be the airport, doesn’t want it going on. But Craig doesn’t seem to have been guilty of actually having sex. Only in seeking out a sexual partner.

Why should he be arrested for that?

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