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Paul Nathanson (pro hac vice)

Erik Herron (pro hac vice)

Davis Polk & Wardwell LLP 

901 15th St. NW

Washington, D.C. 20005 

(202) 962-7055

paul.nathanson@davispolk.com

Attorneys for Equality Now

David Boies (pro hac vice)

Boies Schiller Flexner LLP

333 Main Street

Armonk, NY 10504

(914) 749-8200

dboies@bsfllp.com

Attorney for Legal Momentum, Sanctuary for

Families, United Abolitionists, Inc., and

National Coalition Against Domestic Violence

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff,

- v -

Michael Lacey, et al.,

Defendants.

NO. CR-18-422-PHX-SMB

UNCONTESTED MOTION FOR

LEAVE TO FILE BRIEF OF 

AMICI CURIAE EQUALITY 

NOW, LEGAL MOMENTUM, 

SANCTUARY FOR FAMILIES, 

UNITED ABOLITIONISTS, INC.,

AND NATIONAL COALITION 

AGAINST DOMESTIC 

VIOLENCE

Equality Now, Legal Momentum, Sanctuary for Families, United Abolitionists, 

Inc., and National Coalition Against Domestic Violence (“Amici”) move this Court for an 

order allowing the filing of a proposed brief, which Amici have lodged concurrently with 

this Motion, concerning the issues raised by Defendants’ Motion to Dismiss the 

Indictment. Counsel for the United States has stated that the United States has no 

objection to the filing of the proposed brief from Amici. The Defendants take no position 

on the filing. 

Case 2:18-cr-00422-DJH Document 641 Filed 06/19/19 Page 1 of 5
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- 2 -

The decision to grant, or deny, amicus briefing lies solely within a district court’s 

jurisdiction, Center for Biological Diversity v. United States Bureau of Land 

Management, No. 09-cv-8011-PCT-PGR, 2010 WL 1452863, at *2 (D. Ariz. Apr. 12, 

2010), but “[a]n amicus brief should normally be allowed when . . . the amicus has 

unique information or perspective that can help the court beyond the help that the lawyers 

for the parties are able to provide,” Cmty. Ass’n for Restoration of Env’t (CARE) v. 

DeRuyter Bros. Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999) (internal citations 

omitted). Amici curiae often assist in cases “of general public interest, supplementing the 

efforts of counsel, and drawing the court’s attention to law that escaped consideration.” 

Miller-Wohl Co. v. Comm’r of Labor & Indus. of Mont., 694 F.2d 203, 204 (9th Cir. 

1982). As further explained below, Amici are nonprofit organizations dedicated to 

protecting and advocating for women and children. 

Equality Now is an international human rights organization that advocates for the 

protection and promotion of the rights of women and girls worldwide, with a membership 

network of individuals and organizations in more than 160 countries. Founded in 1992, 

Equality Now has a long history of working on issues of sex trafficking and sexual 

exploitation and has been involved in advocating for action against websites that facilitate 

sex trafficking for over 10 years.

Legal Momentum, the Women’s Legal Defense and Education Fund, is a national 

nonprofit gender justice advocacy organization. For nearly 50 years, Legal Momentum 

has been advancing equal rights for girls and women through legislative efforts, impact 

litigation, and direct representation of clients. Its areas of focus have included 

employment law, campus safety, sports, and all forms of gender-based violence. Legal 

Momentum considers sex trafficking to be one of the most extreme forms of violence 

against women and is involved in efforts to end gender-based violence perpetrated online. 

As part of these efforts, Legal Momentum has partnered with nonprofit organizations and 

cities throughout the country to end online commercial sexual exploitation of women and 

girls, including sex trafficking on Backpage.com (“Backpage”). Additionally, for four 

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decades, through its award-winning National Judicial Education Project, Legal 

Momentum has been educating judges and court officials on issues related to genderbased violence against girls and women, including cyber-related violence.

Sanctuary for Families (“Sanctuary”) is New York’s largest dedicated service 

provider and advocate for victims of domestic violence, human trafficking, and related 

forms of gender violence. Every year, Sanctuary provides legal, clinical, shelter and 

economic empowerment services to over 15,000 victims and their children. Sanctuary 

provides training on domestic violence and sex trafficking to community advocates, pro 

bono attorneys, law students, service providers and the members of the judiciary. 

Sanctuary seeks to advance and protect the rights and interests of sex trafficking victims, 

and to prevent future victimization. Sanctuary thus has a substantial interest in preventing 

the illegal marketing and sale of sex trafficking victims on Backpage.com. Because 

Sanctuary has extensive experience assisting sex trafficking victims and addressing ways 

to eliminate sex trafficking, Sanctuary is uniquely positioned to inform the Court 

regarding issues relevant to this case. In addition, owing to the public interest nature of 

the case as well as the important effects that this case may have on the momentum gained 

to ensure that websites that facilitate and profit from sex trafficking are no longer free 

from liability, Sanctuary for Families has a strong interest in the outcome of the case.

United Abolitionist, Inc., d.b.a. Florida Abolitionist, Inc. (“Florida Abolitionist”),

is a non-profit, antitrafficking organization committed to the prevention of sex trafficking 

and to crisis intervention for sex trafficking victims.

The National Coalition Against Domestic Violence (“NCADV”) is the nation’s 

oldest national grassroots domestic violence organization. NCADV’s mission is to lead, 

mobilize, and raise our voices to support efforts that demand a change of conditions that 

lead to domestic violence such as patriarchy, privilege, racism, sexism, and classism—the 

same conditions that perpetuate commission of crimes such as sex trafficking. Domestic 

violence and sex trafficking can overlap, with survivors of domestic violence also being 

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victims of sex trafficking. NCADV is dedicated to supporting survivors and holding 

offenders accountable.

The Amici maintain a strong interest in the outcome of the case because of the 

public interest nature of the suit, and the important effects that this case may have on the 

ability to ensure that websites that facilitate and profit from sex trafficking are no longer 

free from liability.

The proposed brief reflects Amici’s extensive experience with the harms to women 

and children caused by sex trafficking linked to Backpage. Amici submit that their 

experience on these issues will assist the Court in deciding Defendants’ Motion to 

Dismiss the Indictment.

Dated this 19th day of June, 2019 DAVIS POLK & WARDWELL LLP

By: /s/ Paul J. Nathanson

Paul J. Nathanson (pro hac vice)

Erik Herron (pro hac vice)

Davis Polk & Wardwell LLP

901 15th St. NW

Washington, D.C. 20005 

(202) 962-7055

paul.nathanson@davispolk.com

Attorney for Equality Now

BOIES SCHILLER FLEXNER LLP

By: /s/ David Boies

David Boies (pro hac vice)

Boies Schiller Flexner LLP

333 Main Street

Armonk, NY 10504

(914) 749-7200

dboies@bsfllp.com

Attorney for Legal Momentum,

Sanctuary for Families, United

Abolitionists, Inc., and National

Coalition Against Domestic Violence

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CERTIFICATE OF SERVICE

I hereby certify that on June 19, 2019, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 

Notice of Electronic Filing to all CM/ECF registrants.

s/ Paul Nathanson

Case 2:18-cr-00422-DJH Document 641 Filed 06/19/19 Page 5 of 5