Perkins Coie gets Dismissal for craigslist on Claims of Aiding and Abetting Customers to Commit Unlawful Acts

In March 2009, Thomas Dart, Sheriff of Cook County, Illinois, filed a civil suit against craigslist, Perkins Coie's client, in federal court in Chicago, alleging that the "erotic" (now "adult") services category of craigslist's online classifieds was facilitating prostitution and constituted a public nuisance. Dart sought injunctive relief and damages based on costs purportedly incurred by his department.

On October 20, U.S. District Court Judge John Grady granted craigslist's motion for a judgment on the pleadings, dismissing Dart's case with prejudice. The Court held that Dart's claims were barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Even assuming all of Dart's allegations, the Court noted that "intermediaries are not liable for 'aiding and abetting' their customers who misuse their services to commit unlawful acts." Judge Grady held that "Sheriff Dart may continue to use craigslist's website to identify and pursue individuals who post allegedly unlawful content. But he cannot sue craigslist for their conduct."

The decision was reported in newspapers and other news outlets across the country, including in an editorial in the New York Times hailing the decision as a victory for free speech on the Internet.

Perkins Coie Partners Eric Brandfonbrener and Ed Wes represented craigslist in the matter, with assistance from Associate Kate Stetsko.