My goodness: Sen. Wide Stance to make constitutional argument

From The Washington Post:

Idaho Sen. Larry Craig will argue before an appeals court that Minnesota's disorderly conduct law is unconstitutional as it applies to his conviction in a bathroom sex sting, according to a new court filing.

This is the first time Craig's attorneys have raised that issue. However, an earlier friend-of-the-court filing by the American Civil Liberties Union argued that Craig's foot-tapping and hand gesture under a stall divider at the Minneapolis airport are protected by the First Amendment.

Craig has been trying to withdraw his August guilty plea disorderly conduct. A judge turned him down earlier this month, and now Craig is taking his request to the state Court of Appeals.

Craig was arrested in June by an undercover police officer who said the senator moved his foot next to the officer's foot and tapped it in a way that indicated he wanted sex. He was also accused of sending a signal by swiping his hand under the divider between the stalls. Craig said the officer misconstrued those motions.