Technically
He may be right from a legal standpoint. Is it illegal to try to "pick up" someone? It would certainly be illegal to have sex in a public place but not to ask someone for a date, or to come back to the hotel, etc. Is there definitive evidence he was planning on smoking pork in public?
This guy is a scum bag however for his hypocrisy. His anti-gay voting record is very long. Why are so many republican leaders such hypocritical, inauthentic people?