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JS V. Village Voice Media Holdings, LLC, 184 Wash.2D 95 J.S. v. Village Voice Media Holdings, L.L.C., 184 Wash.2d 95 (2015) 359 P.3d 714, 43 Media L. Rep. 2346 184 Wash.2d 95 West Headnotes (9) Supreme Court of Washington, En Banc. [1] Appeal and Error J.S., S.L., and L.C., Respondents, De novo review v. A trial court's ruling to dismiss a claim for VILLAGE VOICE MEDIA HOLDINGS, failure to state a claim is reviewed de novo. CR L.L.C., d/b/a/ Backpage.com and 12(b)(6). Backpage.com, L.L.C., Petitioners, 1 Cases that cite this headnote and Baruti Hopson and New Times Media, L.L.C., d/b/a/ Backpage.com, Defendants. [2] Appeal and Error Failure to state claim, and dismissal No. 90510–0. therefor | When reviewing a trial court's ruling on Argued Oct. 21, 2014. a motion to dismiss for failure to state a | claim, the Supreme Court accepts as true the Decided Sept. 3, 2015. allegations in a plaintiff's complaint and any reasonable inferences therein. CR 12(b)(6). Synopsis Background: Minors who were featured in advertisements 3 Cases that cite this headnote for sexual services brought action against operators of website, alleging negligence, outrage, sexual exploitation of children, ratification/vicarious liability, unjust [3] Pretrial Procedure enrichment, invasion of privacy, sexual assault and Insufficiency in general battery, and civil conspiracy. The Superior Court, Pierce Pretrial Procedure County, Susan K. Serko, J., denied operators' motion to Matters considered in general dismiss. Operators sought discretionary review, which was Motions to dismiss for failure to state a claim granted. The Court of Appeals certified the case to the should be granted sparingly and with care and Supreme Court for direct review. only in the unusual case in which plaintiff includes allegations that show on the face of the complaint that there is some insuperable [Holding:] The Supreme Court, en banc, González, J., bar to relief. CR 12(b)(6). held that minors sufficiently alleged that website operators Cases that cite this headnote helped develop content of advertisements for sexual services of minors. [4] Pretrial Procedure Availability of relief under any state of Affirmed and remanded. facts provable Dismissal for failure to state a claim is Wiggins, J., filed concurring opinion. appropriate only if it appears beyond a reasonable doubt that no facts exist that McCloud, J., filed dissenting opinion. would justify recovery. CR 12(b)(6). Cases that cite this headnote [5] Telecommunications © 2018 Thomson Reuters. No claim to original U.S. Government Works. 1 J.S. v. Village Voice Media Holdings, L.L.C., 184 Wash.2d 95 (2015) 359 P.3d 714, 43 Media L. Rep. 2346 Persons and entities liable; immunity [8] Telecommunications Under the Communications Decency Act Persons and entities liable; immunity (CDA), an information content provider may be subject to state law liability in relation A website may be immune from liability under to content that it develops but an interactive the Communications Decency Act (CDA) for computer service is immune from suit for some of the content it displays to the public state law claims in relation to merely hosting but be subject to liability for other content. such content on a website. Communications Communications Decency Act of 1996, § 509, Decency Act of 1996, § 509, 47 U.S.C.A. § 230. 47 U.S.C.A. § 230. 1 Cases that cite this headnote 1 Cases that cite this headnote [6] Telecommunications [9] Telecommunications Persons and entities liable; immunity Persons and entities liable; immunity Minors sufficiently alleged that website A website operator does not “develop” operators helped develop content of content, such that it is liable under advertisements for sexual services of minors, the Communications Decency Act (CDA), rather than merely hosted such advertisements by simply maintaining neutral policies on website, and therefore operators were not prohibiting or limiting certain content. entitled to grant of motion to dismiss for Communications Decency Act of 1996, § 509, failure to state a claim based on immunity 47 U.S.C.A. § 230. pursuant to Communications Decency Act Cases that cite this headnote (CDA), where minors alleged that operators intentionally developed website to require information that allowed and encouraged illegal trafficking of underage girls, and that allowed users to evade law enforcement. Attorneys and Law Firms Communications Decency Act of 1996, § 509, **715 James Condon Grant, Ambika Kumar Doran, 47 U.S.C.A. § 230; CR 12(b)(6). Eric Stahl, Davis Wright Tremaine LLP, Elizabeth L. Cases that cite this headnote Mcdougall–Tural, Attorney at Law, Seattle, WA, for Petitioner. [7] Telecommunications Eric Stahl, Ambika Kumar Doran, James Condon Grant, Persons and entities liable; immunity Davis Wright Tremaine LLP, Seattle, WA, for Defendant. A website operator can be both a service Erik Louis Bauer, Attorney at Law, Darrell L. Cochran, provider that is immune from state law Pfau Cochran Vertetis Amala PLLC, Tacoma, WA, liability under the Communications Decency Michael Thomas Pfau, Vincent Thomas Nappo, Jason Act (CDA), and a content provider that is Paul Amala, Pfau Cochran Vertetis Amala PLLC, Seattle, not immune; if it passively displays content WA, for Respondent. that is created entirely by third parties, then it is only a service provider with respect to Venkat Balasubramani, Focal PLLC, Seattle, WA, that content, but as to content that it creates Emma Llanso, Center for Democracy and Technology, itself, or is responsible, in whole or in part for Washington, DC, amicus counsel for Democracy & creating or developing, the website is also a Technology. content provider. Communications Decency Act of 1996, § 509, 47 U.S.C.A. § 230. Venkat Balasubramani, Focal PLLC, Seattle, WA, David Greene Electronic Frontier Foundation, San Francisco, 2 Cases that cite this headnote CA, amicus counsel for Electronic Frontier Foundation. © 2018 Thomson Reuters. No claim to original U.S. Government Works. 2 J.S. v. Village Voice Media Holdings, L.L.C., 184 Wash.2d 95 (2015) 359 P.3d 714, 43 Media L. Rep. 2346 have alleged sufficient facts that, if proved, would show Jessica L. Goldman, Summit Law Group, Seattle, WA, that the defendants helped to produce the illegal content Eugene Volokh, UCLA School of Law, Los Angeles, CA, and therefore are subject to liability under state law. amicus counsel for Eugene Volokh. Accordingly, we affirm and remand to the trial court for **716 further proceedings consistent with this opinion. Anthony S. Broadman, Galanda Broadman, PLLC, Seattle, WA, Taina Bien–Aime, Coalition Against Trafficking in Women, Alexander A. Yanos, Ruth Teitelbaum, Bonnie Doyle, Freshfields Bruckhaus FACTS Deringer U.S. LLP, New York, N.Y., amicus counsel for COAlition Against Trafficking in Women. ¶ 2 Advertisements featuring three minor girls, J.S., S.L., and L.C. (collectively J.S.), allegedly were posted Kathy Ann Cochran, Wilson Smith Cochran Dickerson, on a website owned and maintained by Village Voice Seattle, WA, Robert Barnes, Oscar Ramallo, Kaye Media Holdings, d/b/a Backpage.com, Backpage.com Scholer LLP, Los Angeles, CA, amicus counsel for LLC and New Times Media LLC, d/b/a/ Backpage.com National Center for Missing and Exploited Children. (collectively Backpage). J.S. allegedly was raped multiple times by adult customers who responded to the Caitlin Kazuye Esq Hawks, Savitt Bruce & Willey LLP, advertisements. Seattle, WA, Stacey J. Rappaport, Nicole Fidler, Milbank Tweed Hadley & McCloy LLP, New York, N.Y., amicus ¶ 3 J.S. filed a complaint alleging state law claims counsel for National Crime Victim Law Institute, Shared for damages against Backpage and Baruti Hopson. 1 Hope International, Covenant House and Human Rights J.S. asserted claims for negligence, outrage, sexual Project for Girls. exploitation of children, ratification/vicarious liability, Jessica L. Goldman, Summit Law Group, Seattle, WA, unjust enrichment, *99 invasion of privacy, sexual Eugene Volokh, UCLA School of Law, Los Angeles, CA, assault and battery, and civil conspiracy. Backpage moved amicus counsel for Professors of Constitutional Law and to dismiss on the theory that it is immune from suit Related Fields. in relation to J.S.'s state law claims under the federal Communications Decency Act of 1996 (CDA), 47 U.S.C. Pellegrino L. Certa, Certa Law Group PS, Seattle, WA, § 230. 2 J.S. countered by arguing that Backpage is amicus counsel for Fair Girls. not immune from suit in part because its advertisement posting rules were “designed to help pimps develop Alan D. Copsey, Office of the Attorney General, Olympia, advertisements that can evade the unwanted attention WA, amicus counsel for State of Washington. of law enforcement, while still conveying the illegal Opinion message.” Clerk's Papers (CP) at 201. The trial court denied the motion to dismiss, allowing J.S.'s case to GONZÁLEZ, J. proceed. Backpage moved for discretionary review. The Court of Appeals granted review and certified the case *98 ¶ 1 The plaintiffs before us have been the repeated to this court for direct review. Order Certifying Case for victims of horrific acts committed in the shadows of the Transfer, J.S. v. Vill. Voice Media Holdings, LLC, No. law. They brought this suit in part to bring light to 44920–0–II (Wash.Ct.App. July 17, 2014). some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com ¶ 4 J.S. allegedly was featured in Backpage advertisements in advertisements that, they allege, the defendants help posted in accordance with instructions on Backpage's develop. Federal law shields website operators from state website without any special guidance from Backpage law liability for merely hosting content developed by users personnel. J.S. alleges that all of the advertisements but does not protect those who develop the content.
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