UPDATE: Fed Judge Enjoins Wash. Age-Verifying Law for Adult Ads

(Photo credit: Wikipedia)United States District Court for the Western District of Washington Judge Ricardo Martinez this week issued a temporary restraining order ("TRO") preventing a Washington law from taking effect that would require companies that accept online classified adult ads to verify the age of those offering "adult services."

Democratic Gov. Christine Gregoire signed S.B. 6251 into law last March that subjects violators who don't check ID regarding adult ads to jail time of up to five years and a $10,000 fine (See "TUOL" post 4/3/12). The four-page TRO in Backpage.com, LLC v. Rob McKenna et al. (Case No. 2:12-cv-00954-RSM) enjoins the measure, which was scheduled to take effect June 7, for two weeks pending further litigation. 

Village Voice Media-owned Backpage.com is challenging the constitutionality of the statute, claiming it violates both the First Amendment and the Communications Decency Act of 1996 [47 U.S.C. sec. 230(c)(1)], which states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."  In its complaint, the plaintiff claims requiring providers, both in-state and out-of-state, to determine whether third-party posted content "is an ‘implicit’ ad for a commercial sex act in Washington, and whether it includes a depiction of a person, and, if so, ... maintain a record of the person’s ID...would bring the practice of hosting third-party content to a grinding halt.”

In granting the TRO,  Judge Martinez found: “Backpage.com has shown a likelihood of success on the merits of its claim, pursuant to 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, as well irreparable harm, the balance of equities tipping strongly in its favor, and injury to the public interest, justifying injunctive relief. “

Washington Law Targets Adult Classified Ad Purveyors

LAS VEGAS, NV - AUGUST 30: Washington Gov. Christine Gregoire speaks during the National Clean Energy Summit 4.0 at the Aria Resort & Casino at CityCenter August 30, 2011 in Las Vegas, Nevada. Political and economic leaders are attending the summit to discuss a domestic policy agenda to advance alternative energy for the country's future. (Image credit: Getty Images via @daylife)Gov. Christine Gregoire (D.-Wash.) last week signed into law a measure exposing to criminal sanctions classified ad companies that don't use ID to verify the age of people in online or print adult ads.

As reported by the Associated Press, Village Voice Media-owned Backpage.com, which accepts classified ads for a variety of adult services, is braced to challenge the new law's constitutionality. The law accepts as an affirmative defense good-faith efforts by the classified ad company to verify the age of the advertised individual in a sex escort or adult-related ad.

Backpage.com is expected to claim immunity based on the provision of the Communications Decency Act of 1996, 47 U.S.C. sec. 230(c)(1) that states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."