A dissenting take on sordid toe-tapping in the toilet room
Sen. Larry Craig deserves what he gets, but I'm alarmed by the behavior of other players in this scandal.
The collapse of Larry Craig's career in the U.S. Senate has provided America a giant sense of superiority, watching that slug squirm in his own salt.
For many, nothing more elevates the mood, at least perversely, than the public exposure and humiliation of a hypocrite. Craig certainly earned that label by denouncing gays and denying that he himself was gay, despite rumors suggesting otherwise and, now, details from a June incident at an airport men's room in Minneapolis.
Another right-wing moralist get his just reward.
It feels good.
And yet.
Two things are bugging me.
First is a civil-liberties issue that arises from the case itself, detailed by the police report. Slate gleefully re-enacts it with a video.
Craig did things that, if true, were suggestive, intrusive, and annoying – but only that. In an airport men's room, where police were already on the alert for sexual activity, he peered into an occupied stall. He tapped the toes of another person (unfortunately for him, a cop). He waved his hand underneath a divider.
Yes, it's creepy.
But what happened and what did not happen?
Craig did not speak to the cop. No verbal discussion of sex took place. Nobody touched or tried to touch another's private parts.
The cop said nothing to Craig to suggest he was alarmed or bothered by Craig's actions. In fact, in response to Craig's toe-tapping, the cop raised and lowered his foot slowly – presumably code in such matters, a signal of welcome. Craig's foot touched the cop's foot. Then came the hand waves. That was it. The cop showed his badge.
Four minutes after Craig had entered the men's room, he was under arrest.
For this, Craig was charged with disorderly conduct, a misdemeanor, and interference with privacy, a gross misdemeanor. He pleaded guilty to disorderly conduct and knowingly engaging "in conduct which I knew or should have known tended to arouse alarm or resentment."
Like many others who read about this online, I couldn't believe real life was this outrageous. The pompous right-winger, the subculture of cruisers who know a code of the commode, the young undercover cop ready to pounce, the greatest bust of his career – it all seemed like a moment of high drama and exquisite satire by Tom Wolfe.
But then I thought about the incident in a different context, the civil-liberties issues surrounding sting operations. Was this an example of entrapment? Just what did the cop's fluttering foot convey? Shouldn't the cop's behavior affect our reading of this?
Craig probably could have beat this charge, but he had other issues to worry about. Stupidly, he thought a guilty plea would bring a quiet and quick end to the incident.
The other troubling aspect of the Craig scandal is the disclosure by the Idaho Statesman that it had been investigating Craig for months, gathering details about his private life. As part of its work, the newspaper interviewed no less than 41 of Craig's college fraternity brothers.
Newspaper investigations of the private lives of politicians are not unusual. But traditionally, a newspaper investigates a private life if the public interest is triggered in a significant and substantive way. Typically, it involves a crime or abuse of office. The Seattle Times looked at allegations of sexual harassment and molestation by former Sen. Brock Adams of Washington. In Spokane, the Spokesman-Review investigated Mayor Jim West for alleged molestation of boys.
The Statesman crossed a different threshold. It began work after a gay activist blogger published a claim that Craig had sex with men. The paper followed dozens of leads about Craig's alleged sexual partners and only turned up one credible source, but even he refused to let his name be used.
The newspaper also looked for evidence that Craig was involved in a scandal involving congressional pages in 1982. Nothing of substance developed from that either, the paper found.
Certainly, if Craig had been involved with pages, that alone would have been sufficient cause to investigate the senator. But that was not the focus or the basis of the paper's investigation. The paper really just wanted to get proof that he was gay, perhaps not even to find a crime but a violation of a new standard: call it gross misalignment between public persona and private conduct. That led to months of gumshoe work and gathering bits of almost comic dimension: Craig did not hold the hand of a woman he dated decades ago. Craig was awkward with women. One Idaho politician found it suspicious that the senator's speech patterns were very precise. "That's not what you expect from a rancher," this source told the Statesman. And, of course, there was always that business about Craig's interest in the piano.
Nine years after the Drudge Report broke the news about a president's affair with an intern, claims of privacy and what is or what isn't fair game are just quaint notions, like using a stamp to send a letter. Everybody has a blog and therefore everything is just "out there." And the hypocrites, especially, are fair game.
Despite my own belief that Larry Craig deserves what he gets, there's also a sense of alarm about other players in this scandal. This business of cops sitting on toilets, flapping their foots as come-ons, and reporters asking those wink-wink questions, is also creepy. I suppose we'll get a lot more of this in our presidential election. Long after Idaho picks a new senator, we're going to wonder about the direction in American politics.
Topics:
Boise,
Crime,
Elections,
Idaho,
Law and Justice,
Newspapers,
Rights / Ethics,
U.S. Congress,
Weird,
Politics,
Seattle,
Media
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Comments:
Posted Sat, Sep 1, 6:28 a.m. Inappropriate
if only the media were that assiduous in tracking the monstrous crimes committed in international politics for "national interest" reasons.
i couldn't care less if the senator screws sheep, just as long as it is not my sheep.
well, if he's a hypocrite he's being hung by his own petard.
what a dreadful country this is. what a waste of time.
Posted Sat, Sep 1, 7:36 a.m. Inappropriate
There is irony and rough poetic justice that Craig was destroyed by social attitudes which he himself supported and furthered i.e. the Republican obsession with homosexuality.
And maybe it's just some sort of social self-correction at work. Craig was part of a culture which energetically took a magnifying glass to others' personal behavior; then the magnifying class was turned on him. Maybe there is a God.
Posted Sat, Sep 1, 9:45 a.m. Inappropriate
If only Mr. Craig had been in Vermont, he would have been free to broaden his stance at will.
Posted Sat, Sep 1, 10:31 a.m. Inappropriate
Anyone who might swipe his hand "several times" under my stall divider in an airport restroom would be engaging in conduct I find 'disorderly' in the extreme. Sexual activity is illegal in public spaces. Get a room. End of story.
Posted Sat, Sep 1, 10:39 a.m. Inappropriate
RE: Hoisted...: He was arrested in Minnesota, which is probably more blue than red.
Posted Sun, Sep 2, 8:30 a.m. Inappropriate
Strange and disturbing sex acts: What is it with gays and their attraction to weird public restroom sex? Police departments all over the country have to devote scare resources to prevent the commission of unnatural acts in pubic restrooms. Keep it in the bathhouse, folks!
Posted Sun, Sep 2, 8:35 a.m. Inappropriate
As I understand, this little dragnet was the result of several complaints about the activity in that bathroom.
Posted Sun, Sep 2, 9:43 a.m. Inappropriate
Likewise, I put in their category Brock Adams, Bill Clinton, Gerry Studds (he had sex with under-age Congressional pages while serving as a Congressman from Massachusetts in the 80's, and he was repeatedly re-elected), Mike Lowry (remember why he chose not to run for a second term?), and others.
If you wish to participate in public life, whether running for elected office or profiting from being on the public stage, then you forfeit a private life. You can't have it both ways.
From where I sit, there's not much difference between the character and behavior of the above named and that of, say, Paris Hilton, Lindsey Lohan, or Brittany Spears.
I'm no Puritan, but I do strongly believe that anyone who gets in the public arena must be prepared to have the spotlight shined on every area of their life, including the areas where the sun ordinarily doesn't shine for us just-plain folks.
Just as the standards for defamation are different for public versus private individuals, so, too, should the standards be here.
As an aside, though, everyone should know that there's a special place in hell for members of the bar who commit perjury. Or at least that was the opinion of Prof. Jim Beaver, an old teacher of mine. And it's this kind of crap that illustrates why "private" cannot be claimed by those who are "public."
I do wish, however, that the outrage and indignation wouldn't be so selective. I'm more disgusted with members of my political party who engage in this behavior than I am with members of the opposition. The quality of the message gets lost by the perfidy of the messanger.
If you want to cruise airport men's rooms, abuse under-age and vulnerable employees and interns, play Roman hands and Russian fingers with unwilling staff members, or play cigar tricks on the Great Seal of the United States of America, don't do it while on the public payroll in a position of trust and responsibility.
The Piper
Posted Sun, Sep 2, 10:15 a.m. Inappropriate
Anonymous sex with strangers is not unique to "gays." Sex is not an "unnatural act" even in a public bathroom.
Anonymous sex, however, is dangerous and it is also illegal to solicit sex in a public bathroom.
One can make an argument on the hypocrisy of Craigs's platform. I think it is possible for Larry Craig not to be a hypocrite. He may believe that his sexual desires and preferences were wrong and sinful and as a public figure he attempted to set himself along with the rest of the Country straight. It isn't as though his story is unique - this happens all the time to religious and self-righteous political leaders.
It would be helpful to know more about Idaho Statesmen's reasons for following Larry Craig‘s sex drive. Newspapers don't typically go looking for material like this unless they have been tipped off by someone. No doubt the Statesmen was bombarded with "tips" for years.
This was very good and insightful writing by Casey Corr.
Posted Sun, Sep 2, 3:20 p.m. Inappropriate
Is it legal to solicit for sex anywhere? obviously not for money but I am wondering about the legal doctrine that separates public toilets from other public places (parks, streets and museums for example).
It is constitutional to outlaw speech in a specific public place?
I can see why public toilets deserve special attention but is soliciting for sex different from panhandling? which I understand is protected. Everywhere.
My guess is that if you complain to the police that someone suggested a sexual encounter in a public toilet they would hardly turn on their sirens.
Posted Sun, Sep 2, 5:43 p.m. Inappropriate
RE: guilty hypocrite or conflicted victim?: Restroom sex with total strangers is unique to gays, and it's pretty damn unnatural, too. I can't think of any location less erotic and conducive to lovemaking than a filthy stinking toilet stall in a public restroom. Yecchhh!
Posted Sun, Sep 2, 6:20 p.m. Inappropriate
Man allegedly having sex in women's restroom arrested
Just don't try to imply that all or most gay men indulge in this behavior.
We don't.
Posted Mon, Sep 3, 8:31 a.m. Inappropriate
I wondered about this after I pushed the post button. If you are not asking for money then is it illegal?
I perhaps wrongly thought it was because they arrested him. Maybe there is an ordinance about foot tapping - or invasion of private space. Don't know about the legal thing and solictation though. ps
Posted Tue, Sep 4, 10:45 a.m. Inappropriate
2. Nobody made the implication that you're trying to pre-empt.
Posted Tue, Sep 4, 3:54 p.m. Inappropriate
Craig case out of context: Supposedly, there were 40 arrests of this type of behavior at the airport bathroom in May-June, 2007. Those stories and police reports would be helpful for context. Craig has been in Congress and Senate for 28 years and probably made several hundred trips through the Minneapolis Airport because there is no non-stop flight between Boise and DC. Maybe the sting was tipped off as to his travel itinerary and got real lucky. That said, it's time to know whether all of our other northwest Congressional delegation members are sober and well behaved on their flights.
Posted Tue, Sep 4, 4:31 p.m. Inappropriate
RE: guilty hypocrite or conflicted victim?: Thank you for proving my point.
Posted Fri, Sep 7, 1:51 p.m. Inappropriate
I do disagree with you on Mike Lowry - from what I've heard, the accusations against him were unfounded, spread by the talk-radio frenzy of the times. If you want to have a third Democrat in there, I'd use Neil Goldschmidt or Reese Lindquist instead.
Posted Sun, Sep 9, 11:24 a.m. Inappropriate
You have brought attention to a few points that have been widely overlooked.
The disturbing civil rights implications of the arrest - and, to my surprise, the lack of strong response from those who would normally rise to such an occasion.
Also, the Statesman investigation, I agree, goes beyond the pale - cruising DC gay bars, handing out hundreds of copies of Craig's photo (this fact appeared on a number of gay blogs, one of which the reporter promised just a week before the arrest date that it would be "all over soon", troubling when you consider he did not then and does not now have any evidence to "end" it).
Also, many of the articles and commentaries I have seen appear disinclined to believe that Craig was not intentionally sending the signals. Their assumption is that he is gay and meant to.
Hmmm, a ten month investigation produces no evidence to validate years of rumors. And then, after two weeks of intense media on the man's sexuality, not one man comes forward to claim a relationship or encounter.
In all of this, I have not seen any article or commentator suggest that it is even a remote possibility that Craig is telling the truth, yet, could it be? Are we really that comfortable believing rumor and law enforcement (Nifong, perfect example that they DO in fact lie) completely over the accused?
Posted Mon, Sep 10, 12:20 p.m. Inappropriate
There are enough strong third parties (Reform, Green, etc) and splinter groups (Democratic Farmer Labor, distinct from democrats) in MN that every election is a free-for-all. Not only that, but you can even register to vote there on election day, if you can prove residency. According to wikipedia:
In the 2004 U.S. presidential election, 77.2% of eligible Minnesotans voted–the most of any U.S. state–versus the national average of 60.93%.
Obviously everybody votes too.
Of MN's 39 governors, 26 have been repubs. A DFL was last governor in 1991 - since then it's been either Jesse or a repub, as is the current gov. Currently, one US Senator from MN is repub, one dem.
The repubs of MN would probably be glad if repubs everywhere boycotted the MSP airport, and the rest of the state for that matter. They're never going to live this fiasco down, and they don't need any more rude surprises in any of their public bathrooms.
Posted Mon, Sep 10, 12:25 p.m. Inappropriate
After seven years of the juntaman, are you still wondering??? Seriously?
Posted Fri, Sep 14, 9:45 a.m. Inappropriate
Just a slip in judgement? Get off the ice.: These wackos are so stressed in their life style of spinning everything for personal security and benefits that they so very often exhibit their core judgment capacity in subtle ways just like this. To think that these people have brains with judgment "data banks" like this can explain the real problems we have in our governments. This man should just leave for a position in the private world because he sheds doubt on his judgment capacity, decision making ability and whole public character he has himself spun into the public space. Like, live in your own web man. You wanted others to be caught up in it for so long.
Posted Sat, Sep 29, 6:24 p.m. Inappropriate
I do not agree we should have liberty to have public sex. First of all, it's plain uncivilized, uncouth and yuck. Second, children could see it in a way that can be traumatic, not to mention inappropriate. Third, yuck.
The commenter who said "What is it about gays and weird bathroom sex" asks an unfair question. This wasn't about being/not being gay; it was about perverted behavior in a public bathroom. I've talked to zillions of gay friends about all this, and not one of them condones public bathroom sex. There are gay perverts and straight perverts, but they're all perverts.
Since there are more straight people than gay people in the world, it makes sense that straight people have more perverts, numerically speaking. Per capita, I don't know. But I suspect the proportions are similar. Don't blame this on gay people.
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