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But the child isn't exactly being "exposed" to that behavior. He's just hearing it through a divider.
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??? Being "exposed" to something does not have to be visual (or perhaps you believe blind people cannot be exposed to ANYTHING since they cannot see???)
And, speaking of "rights", surely the parent and child (and every other person who may use the public restroom) have a RIGHT to not expect illegal or disorderly behavior to occur in the restroom. (Is it illegal to puke in a public restroom?) Isn't that part of the reason why we came up with disorderly conduct laws to begin with - to control the behavior of individuals while in public, even though there may be no law against behaving in the same way if not in public?
In fact, I think that 38 yr old law was overturned more recently based partly on the argument that privacy rights are more limited when the privacy is not ongoing (ie there is an expectation that the person in the stall will leave and therefore does not have any permanent rights as far as that stall is concerned)