The ACLU supports Senator Craig...

I am not a huge fan of the ACLU, but in this case they have it right...

The ACLU friend-of-the-court brief was submitted to the Minnesota 4th District Court.

"The real motive behind secret sting operations like the one that resulted in Sen. Craig's arrest is not to stop people from inappropriate activity. It is to make as many arrests as possible -- arrests that sometimes unconstitutionally trap innocent people," Romero said in a written statement.

Police must be able to demonstrate beyond a doubt that the sex was going to happen in public, he said. Regardless of whether it occurs in a bathroom or a bar, solicitation for private sex is protected speech under the First Amendment, the ACLU argues.

If the police really wanted to stop people from having sex in public bathrooms, they "should put up a sign banning sex in the restroom and send in a uniformed officer to patrol periodically," Romero said.

"Government should make public restrooms safe for all, but it should do so in a manner that is really designed to stop inappropriate behavior, rather than destroying the lives of people who might have no intention of doing anything illegal," Romero said.