The officer at least should have ensured he meant for the activity to take place in the restroom. Making a pass in the restroom isn't the same thing as actually working to have sex in the same.
this goes beyond making a pass.
this was lecherous and bizzare behaviour. He stood outside the dudes stall for two minutes and peaked through the crack. He played footsy with him. He stuck his hand under, and gave code signals soliciting sex.