David Kurtz, at leftist Talking Points Memo, quotes a commenter who signs himself LS who doesn’t think so, and I agree.
Look at the police report. Did he directly ask a cop for sex? No. Did he expose himself lewdly (as opposed to exposing himself to use the facilities)? No. Did he do anything that was unambiguously sexual? No.
All he did was tap his foot, reach down (possibly to pick up a piece of TP), wiggle his fingers, and put his bag in front of him when he sat down. Oh, and he waited in front of an occupied stall. Even if he did everything the cop said he did, where was the lewd conduct? No actual sex happened. No actual sex was discussed. And if it wasn’t for the sheer embarrassment of the situation, you’d be writing about the overzealous cop who arrested a sitting US Senator for no apparent reason. …
The issue here is, why is the Minneapolis Airport PD arresting people for such flimsy reasons? Why do judges and prosecutors still accept these cases? Why, in 2007, 43 years after LBJ’s chief of staff, Walter Jenkins, got busted in the men’s room YMCA in DC, have we apparently moved no further in our analysis of these situations?
Where does anyone put his or her suitcase in a public lavatory stall if not in front of the door?
Unless the divider between the stalls featured a hole, I don’t see how any meaningfully lewd act was even possible.
And, like those gay leftwing guys, I too thought the days when cops were busting queers for soliciting sex in public lavatories were ancient history.