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Backpage Sues Chicago Sherif

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http://talkingpointsmemo.com/news/backpage-sues-cook-county-sheriff

Backpage Sues Chicago Sheriff Over Pressure Campaign To Stop Sex Ads
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By Tierney Sneed

Published July 21, 2015, 3:51 PM EDT 507 views

Backpage.com is suing the sheriff in Chicago over his successful campaign to urge credit card companies to cut ties with the classified ads company over accusations that its sex ads facilitate human trafficking.

Backpage filed a federal lawsuit Tuesday alleging that Cook County's Thomas Dart, sheriff of the second largest county in the country, was censoring the company and its customers’ right to free speech by pushing for Visa and Mastercard to end their relationships with Backpage. The two credit card companies announced earlier this summer they would stop processing payments to the company due to the concerns raised by letters Dart sent their CEOs.

“Sheriff Dart’s actions to cripple Backpage.com and all speech through the site are an especially pernicious form of prior restraint,” the complaint says. “He has achieved his purpose through false accusations, innuendo, and coercion, whereas, if he had brought suit directly or Cook County had attempted to pass a law to shut down the website, Backpage.com would have had a fair opportunity to respond and defeat such efforts, given well-established law.”

The suit was first reported by the Wall Street Journal.

“Sheriff Dart’s actions have not only infringed Backpage.com’s rights to publish and distribute speech, but the rights of millions of the website’s users to post and receive protected speech,” the complaint says.

For years, Backpage has been the target of anti-human trafficking advocates who say that the company has not done enough to crack down on the solicitation of sex services involving victims of forced prostitution, particularly underage victims. Backpage has said that it does work with law enforcement to curb trafficking and that ending its adult pages entirely will push forced prostitution to darker parts of the web, where illegal activity is harder to monitor.

The letters Dart sent to Visa and Mastercard last month said his office has made hundreds arrests in cases stemming from ads on Backpage.

“The use of credit cards in this violent industry implies an undeserved credibility and sense of normalcy to such illicit transactions and only serves to increase demand," the letters said.

American Express had already stopped processing payments for Backpage’s adult services prior to Dart’s most recent complain.

An earlier TPM story about the credit card companies’ decision to drop Backpage is referenced in Tuesday’s complaint.

Backpage did not respond to request for comment, but Liz McDougall, general council to Backpage.com LLC, told the Wall Street Journal, “Our goal is to ensure that one elected official, particularly a county sheriff, cannot dictate what speech is or is not appropriate.”

The sheriff's office fired back at Backpage after news of the suit broke.

“For years, Sheriff Dart has laid out to Backpage the numerous instances where pimps and traffickers have used their site for criminal purposes and attempted to negotiate in good faith with Backpage’s management to find common ground and put traffickers behind bars,” Dart’s spokesman said in a statement. “Unfortunately, this outreach was met with little more than delaying tactics and empty promises. Sheriff Dart requested that the credit card companies voluntarily do what Backpage will not – disassociate their business from online sex trafficking in the name of good corporate citizenship.”

Read the full complaint below:

About The Author
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Tierney Sneed

Tierney Sneed is a reporter for Talking Points Memo. She previously worked for U.S. News and World Report. She grew up in Florida and attended Georgetown University.
 

Lo-ki

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Hope he gets his ass spanked big times and he has a deep wallet...��
 

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http://www.chicagotribune.com/news/...art-restraining-order-met-20150724-story.html

Judge orders Dart to halt fight against Backpage over adult services ads
By Jason Meisner Chicago Tribune contact the reporter

A federal judge on Friday granted a temporary restraining order against Cook County Sheriff Tom Dart, forbidding him from lobbying credit card companies to block their cards from being used to buy ads on Backpage.com.

The order from U.S. District Judge John Tharp Jr. comes days after the online classified ad site that is similar to Craigslist sued Dart in federal court in Chicago, saying the sheriff's actions violated freedom of speech protections.

In issuing the order, Tharp said Backpage had met its burden of showing it has "more than a negligible likelihood" of ultimately succeeding in its lawsuit and that it otherwise would suffer irreparable harm.

The order took effect immediately and will remain in effect for at least 10 days. Tharp said he will set a hearing date next week for Backpage's request for a preliminary injunction.

Dart issued a statement Friday afternoon saying he would abide by the order and "looks forward to continuing this important litigation in court."

For years, Dart has grabbed headlines in his fight to get online classified ad sites to drop their adult services sections, saying they are a haven for pimps and human traffickers. Dart's campaign recently prompted Visa and MasterCard to pull their cards from use on the site. American Express took similar action early this year.

But Backpage is fighting back, arguing that the sheriff's efforts violated First Amendment protections and crippled the site financially.

The lawsuit also seeks a preliminary injunction requiring Dart to write new letters to the credit card companies rescinding his previous statements, as well as punitive damages and compensation for lost revenue "to provide punishment and as deterrence."

The suit focuses on letters Dart sent to Visa and MasterCard in late June on the sheriff's official letterhead asking the companies to "immediately cease and desist from allowing your credit cards to be used to place ads on ... Backpage.com," which the sheriff said promotes and facilitates sex trafficking.

Within 48 hours of the letters being sent, Visa and MasterCard announced their withdrawal from the site, prompting Dart to hold a news conference to declare victory. He also lashed out at Backpage for what he said was its refusal to acknowledge how pimps and traffickers use the ads in its adult section.

jmeisner@tribpub.com

Twitter @jmetr22b
 

Tugela

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The main reason sheriffs down there do this sort of thing is because they are elected politicians. For them it is important to be seen to be "doing something", especially that something involves standing up against corporations or some sort of power structure. Most people in general don't care about prostitution as long as it isn't happening in their back yard, but child prostitution they do care about. For this particular sheriff, getting into a big fight about child prostitution (which isn't nearly as bad as he makes it out to be) is a vote getter, so you can be sure he will push it all the way. He tells them that his department has made "hundreds of arrests" in connection to Backpage, then goes on to conflate that with child prostitution. My guess though is that very few of these "hundreds of arrests" involved child prostitution, and probably most of them had no connection to Backpage either - he is just counting all the prostitution related arrests. But he is conveniently leaving those snippets of information out.
 
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