The ACLU is fighting to protect sex in a public restroom as a private act and thus the cohorts have a certain right to privacy. To which I say: only if the door reaches the floor.
Everyone knows there's a difference between fucking in a locked bathroom and in a stall. Besides any one who let's you fuck them in a stall is giving you herpes and taking your money.
Further more, last month, those two dudes fucking in the Target bathroom on Santa Monica and La Brea seemed to have no expectation of privacy. Get 'em Tiger!
You'd think the ACLU would be against stall sex, since that's where most their offices are. Oh snap!