No. 15-3047
7
Upon receipt of the letter MasterCard forthwith stopped
allowing its credit cards to be used to purchase ads anywhere on Backpage’s website. Visa followed suit. So the
threats had worked. And so just two days after Dart’s letter
was sent, the Cook County Sheriff’s Office was able to (and
did) issue a triumphant press release captioned “Sheriff
Dart’s Demand to Defund Sex Trafficking Compels Visa and
MasterCard to Sever Ties with Backpage.com.” Notice “demand,” not request; notice “compels,” not persuades; notice
“sever ties,” not “refuse to make payments for ads in the
adult section of the Backpage website.”
Imagine a letter that was similar to Sheriff Dart’s but
more temperate (no “demand,” no “compels,” no “sever [all]
ties”) and sent to a credit card company by a person who
was not a law-enforcement officer. The letter would be more
likely to be discarded or filed away than to be acted on. For
there is evidence that the credit card companies had received
such complaints from private citizens, yet it was Dart’s letter
that spurred them to take immediate action to cut off Backpage. For that was a letter from a government official containing legal threats and demands for quick action and insisting that an employee of the recipient be designated to answer phone calls or respond to other communications from
the sheriff. It was within days of receiving the letter that the
credit card companies broke with Backpage. The causality is
obvious.
It’s true that Visa filed an affidavit stating that “at no
point did Visa perceive Sheriff Dart to be threatening Visa.”
But what would one expect an executive of Visa to say? “I
am afraid of the guy?” “He is in effect calling me an accomplice of a criminal organization (Backpage), and I’m afraid