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An ongoing battle to stop sex trafficking ads on a classified ad website called Backpage has landed in Orlando federal court.
An Orlando-based human-rights organization called Florida Abolitionist is broadening its lawsuit against the former social media website Backpage.com and its owners on allegations that the website promoted sex trafficking.
Backpage was shut down by federal authorities in April when they concluded it was not only promoting sex trafficking but was actually the major global hub for it. Testimony by experts before a U.S. Senate subcommittee about Backpage said the site has handled up to 70 percent of sex trafficking in the U.S.
Florida Abolitionist originally sued in February 2017. But a new, larger complaint was just added to the case in Orlando, after the site was shut down. It alleges Backpage and its owners were engaged in racketeering – a broad, organized scheme to make money by offering illegal services.
The lawsuit also has a two new anonymous plaintiffs – a second alleged victim of sex trafficking and her mother. A board member with the Abolitionist group who was a victim had been an original plaintiff.
The new turn in the lawsuit also is taking advantage of a law signed April 11 by President Donald Trump, known as the Allow States and Victims to Fight Online Sex Trafficking Act. The law allows victims to sue websites that support trafficking for damages.
Backpage allowed users to generate classified ads and personal ads to connect with others.
The suit already included one victim of sex trafficking who was raped repeatedly after she was listed on the Backpage website by her traffickers, the lawsuit says. She is now a board member at Florida Abolitionist.
The second alleged victim was only 15 when her traffickers took photographs of her and used those images to create an advertisement offering her sexual services on Backpage, the lawsuit says.
"Over the course of two weeks in early 2016, Ms. Doe #2 was sold and raped by numerous individuals who responded to the Backpage advertisement. By running advertisements on behalf of sex traffickers, Defendants knowingly participated in, and profited from, the unlawful sexual exploitation," according to the suit.
Florida Abolitionist is one of several groups in the area working to combat sex trafficking by educating local businesses, especially those connected to tourism and international travel, about how to recognize if sex trafficking is occurring on their property. An example would be an underage girl traveling with an adult or several adults who touch her inappropriately.
The new complaint also includes a novel allegation that Backpage deprived the mother of consortium, or company and emotional support, from her daughter. It also contends Backpage violated the Constitution's 13th amendment outlawing slavery.
"We don't believe that has been done before, and to my knowledge other Backpage plaintiffs have not filed RICO or Thirteenth Amendment claims," said a spokesman for the law firm handling the suit, Boies Schiller & Flexner. One of the attorneys is Orlando-based Karen Dyer. Legal Momentum is also representing the plaintiffs.
Florida Abolitionist itself claims financial losses of $100,000 because of Backpage's actions. It contends Backpage's activities forced the organization to spend time and money on counseling and support for trafficked adults and children.
The lawsuit says that Orlando has its fair share of human trafficking, putting it third in the state behind Miami and Tampa. In 2016 the Orlando area Metropolitan Bureau of Investigation conducted a total of 36 human trafficking investigations and received a total of 222 tips on human trafficking.
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Recent victims included a 14-year-old girl who was forced into prostitution and overdosed on drugs given to her by alleged traffickers, according to MBI. The law enforcement group has conducted training for the hotel industry works with hotel security personnel on specific complaints.
Also defendants in the lawsuit are Backpage CEO Carl Ferrer, of Texas; and two owners of Backpage – Michael Lacey and James Larkin, both of Arizona. In April Ferrer pleaded guilty to conspiracy charges – facilitating prostitution through interstate commerce and engaging in money laundering.
The company had fought allegations of sex trafficking for years, calling them "unconstitutional government censorship."
The lawsuit alleges that Backpage employees helped sex traffickers avoid legal pitfalls and loaded words by scrubbing underage references such as "teen" or "Lolita."
An ad included in lawsuit documents that the plaintiffs say is a sign of trafficking says, "Exotic Young and Inexperienced … HERE'S YOUR CHANCE.. REAL PIC, NO RUSH PLUS I LIKE.''
Got a news tip? pbrinkmann@orlandosentinel.com or 407-420-5660; Twitter is @PaulBrinkmann
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