sozobe wrote:I liked Dan Savage's take on it:
Quote:
(snip)
However, CASH, as I'm sure you and others involved in the homosexual lifestyle are aware, the kind of man that plays footsie in an airport toilet fully intends
Maybe he intends to have sex in that stall or maybe he intends to have sex at a nearby hotel. It doesn't matter what his specific intent might have been. Specific intent is not an element of the crime of disorderly conduct.
We have to look at the conduct itself and then ask the following:
Was that conduct the person engaged in offensive, obscene, boisterous, or noisy, tending
reasonably to arouse alarm, anger, or resentment in others?
What was the conduct Craig engaged in?
He was in an airport. He had in his possession carry-on luggage. When he entered the stall, he parked his luggage at the front of the stall. Where else would he park it? This conduct is not offensive. Parking your suitcase at the front of the stall so that a person has room to drop pants and sit down on the toilet does not tend to reasonably cause others to be aroused by alarm or anger.
He tapped his shoe. Again, not offensive nor something that tends reasonably to arouse alarm, anger, or resentment in others.
He allegedly rubbed his hand along the bottom of the stall divider; he says he was trying to pick up a piece of paper. Again, not offensive nor something that tends reasonably to arouse alarm, anger, or resentment in others.
Two people allegedly brushed their shoes together. The recipient of the shoe brush invited it. Again, not offensive nor something that tends reasonably to arouse alarm, anger, or resentment in others.
No offensive, obscene, boisterous, or noisy conduct occurred. No crime.
But, even if you get past that element, you have to prove that he had the requisite culpabilty. That means, when he engaged in the alleged offensive conduct, e.g., parking his suitcase at the front of the stall, he had to do so with knowledge that his conduct would likely provoke a breach of the peace. Inasmuch as the person in the next stall showed his receptiveness to the conduct by moving his foot up and down in encouragement, there is no way that Craig could "know" that his conduct would likely cause the man in the next stall to jump out of his stall and beat him up.
NO CRIME OCCURRED.