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No. 15-3047
pied by Backpage would be; but obviously credit card companies don’t like being threatened by a law-enforcement official that he will sic the feds on them, even if the threat may
be empty. At oral argument Dart’s attorney reminded us
that “nowhere in Sheriff Dart’s letter does it say that he
thought that they [the credit card companies] were accomplices to a crime.” But the letter implies that they are—and it
was the letter that prompted the credit card companies to
abandon Backpage. They are unlikely to reconsider on the
basis of a lawyer’s statement at oral argument, months after
the initial threat.
Nor is Sheriff Dart on solid ground in suggesting that
everything in the adult section of Backpage’s website is criminal, violent, or exploitive. Fetishism? Phone sex? Performances by striptease artists? (Vulgar is not violent.) One ad
in the category “dom & fetish” is for the services of a “professional dominatrix”—a woman who is paid to whip or
otherwise humiliate a customer in order to arouse him sexually. See What It’s Actually Like Being A Dominatrix (According To One Dominatrix), www.xojane.com/sex/what-itsactually-like-being-a-dominatrix-according-to-onedominatrix (visited November 27, 2015) (“I make a living as
a professional dominatrix. … I make a living by hitting, humiliating, dressing up, verbally attacking and otherwise fulfilling men’s weird fantasies about being dominated.”); see
also Wikipedia, “Dominatrix,” https://en.wikipedia.org/wiki/
Dominatrix (visited the same day). It’s not obvious that such
conduct endangers women or children or violates any laws,
including laws against prostitution.
The district judge remarked “that the majority of the advertisements [in Backpage’s adult section] are for sex”—but