18
No. 15-3047
And when, finally, the judge denied that there was evidence that Backpage had been irreparably harmed by its
abandonment by the credit card companies, he again contradicted himself, having noted that in response to that
abandonment “Backpage made its ads free … and no company can expect to continue to operate without a source of
revenue.” The judge had no basis for conjecturing as he did
that Backpage could avoid that fate by offsetting the loss of
the credit card companies by arranging payments by its customers through Bitcoin, checks, money orders, or cash. It
was a weak conjecture, as he quickly acknowledged, saying
that “whether the financial losses that Backpage sustains
while grappling with the withdrawal of credit card processors will result in Backpage’s demise has not yet been established”—but immediately adding: “that may well be the result”!
Indeed it may. But even short of that, Sheriff Dart’s campaign of suffocation would be bound to cause irreparable
injury to Backpage, and irreparable injury is the essential
condition of preliminary relief, Roland Machinery Co. v.
Dresser Industries, Inc., 749 F.2d 380, 386–87 (7th Cir. 1984),
which is all that is at stake in this appeal. It was Sheriff
Dart’s intention to harm Backpage irreparably; in an email to
members of the press his Director of Communications stated
that Backpage had made its adult ads free in response to the
credit card companies’ decision not to allow their credit
cards to be used to pay for ads on Backpage’s website, but
continued: “We were ready for this and not concerned. It’s
unsustainable for them to maintain all of their lobbying, legal battles and all the money it takes for their server space
without any revenue coming in.” In other words, Backpage
is doomed. That sounds like irreparable harm to us; nor is
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