7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

CHICAGO — A federal appeals court this week ordered the Cook County Sheriff’s Department to halt lobbying major credit card companies that do business with Backpage.com.

Cook County Sheriff Tom Dart was sued by Backpage in July after he successfully placed pressure on Visa and MasterCard to stop processing credit card transactions for Backpage. Dart said the the pressure was necessitated by “years of growth in the ... sex trade.”

In its order, the 7th Circuit U.S. Court of Appeals issued a ruling forbidding Dart's office from "taking any actions to formally or informally request, direct, persuade, coerce, or threaten credit card companies" to get them to terminate relationships with Backpage.

The appellate ruling does not affect Backpage's ongoing federal suit against Dart that seeks damages for what the online classifieds ads site claims was a crippling financial blow.

Industry attorney Larry Walters of Walters Law Group said the ruling by the 7th Circuit establishes important legal precedent in the field of "intermediary liability." 

“The court recognized that a sheriff must be very careful in what he says, when acting in his official position,” Walters told XBIZ. “By forcing the credit card companies to bend to his will, the sheriff engaged in an extra-judicial censorship campaign which is forbidden by the First Amendment. 

“At the hearing on this matter, Judge Posner — the author of the opinion — openly questioned the government's view that Backpage facilitated the ‘violent industry’ of sex trafficking:  ‘Is phone sex violent? What about all the old men who would like to be seen with a young woman on their arm? It’s not all sex. Even if Backpage abandons escorts and body rubs and so on … it’s really just a dating service…. I think it’s outrageous that it’s violence, and so forth.’”

Walters said that as state and federal agencies jump on the “prosecution bandwagon” against online advertising networks, this week’s decision raises important questions about the legitimacy of the targets. 

“Holding an online service provider responsible for the postings of a third party user threatens the very functionality of the internet,” Walters said. “Fortunately, the 7th Circuit made the right call in this politically charged environment.” 

Backpage was joined by other non-party groups in separate friend-of-the court briefs in Backpage's appeal at the 7th Circuit. Those groups included The Center for Democracy & Technology, Electronic Frontier Foundation, Association of Alternative Newsmedia, CATO and Reason.

   

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Creator and Sexual Wellness Brand Marketplace Platform 'Teasr' Launches

Teasr, an online marketplace for creators and sexual wellness brands that focuses on live-selling and video product demonstrations, has officially launched.

JulModels Launches Paysite Content Royalty Program for Performers

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

Show More