Violent Game Sales

Game Industry Sues to Overturn Calif. Ban on Violent Game Sales

Authored by Mark Hefflinger on October 18, 2005 - 11:34am.

Washington - The Entertainment Software Association (ESA), a video game industry trade group, announced on Tuesday that it has filed a federal lawsuit in California aimed at overturning the ban on the sale of violent video games to minors recently signed into law by Gov. Arnold Schwarzenegger. "We believe this bill will meet the same fate as virtually identical statutes that federal courts have routinely struck down in recent years," said ESA president Doug Lowenstein. Bans on violent video game sales have been overturned on First Amendment free speech grounds in Washington state, St. Louis County and the city of Indianapolis. "It is not up to any industry or the government to set standards for what kids can see or do; that is the role of parents," added Lowenstein. Also siding with the ESA in filing the lawsuit was the Video Software Dealers Association (VSDA), a trade group of video game retailers and rental firms. The new law fines retail clerks who break the ban $1,000, and forces retail chains in California to more prominently display video game ratings in their stores. The governor responded to the lawsuit in a statement. "I will do everything in my power to preserve this new law and I urge the Attorney General to mount a vigorous defense of California's ability to prevent the sale of these games to children," said Schwarzenegger.

Lawsuit to Challenge New Calif. Law Banning Violent Game Sales to Minors

Authored by Mark Hefflinger on October 11, 2005 - 7:16am.

Sacramento, Calif. - California Gov. Arnold Schwarzenegger has signed into law a ban on the sale of violent video games to minors in the state, which the video game industry says it will challenge in court. The bill restricts the sale of violent games to those under 18, penalizing retailers who do with a $1,000 fine, and requires retailers to place more prominent game rating information in stores and a two-inch square "18" sticker on video game packaging. "Today I signed legislation to ensure parent involvement in determining which video games are appropriate for their children," said Gov. Schwarzenegger. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents." The Entertainment Software Association (ESA), a video game industry trade group, said it plans to file a lawsuit to have the law overturned; similar bans on violent video game sales to minors have been struck down by courts in Washington state, St. Louis and Indianapolis. "We are disappointed that politicians of both parties chose to toss overboard the First Amendment and free artistic and creative expression in favor of political expediency," said ESA president Doug Lowenstein.

California State Assembly Passes Ban on Violent Game Sales to Minors

Authored by Mark Hefflinger on September 12, 2005 - 4:20am.

Sacramento, Calif. -- The California state Assembly voted 65-7 last week in favor of a ban on the sale of violent video games to minors, although Reuters reported that on Friday that Gov. Arnold Schwarzenegger had not yet decided whether or not to sign the bill into law. The proposed legislation would ban the sale of games that depict the "killing, maiming, dismembering, or sexually assaulting an image of a human being," or violence "in a manner which is especially heinous, cruel, or depraved in that it involves torture or serious physical abuse to the victim." It also requires retailers in California to create a new labeling system for such titles, and penalizes those caught selling them to California residents under 18 with a $1,000 fine. "Governor Schwarzenegger is no longer an action star but an elected representative of all Californians; I am hopeful that he will consider our children’s best interests by signing this commonsense legislation into law and giving parents a necessary tool to raise healthy kids," said Assemblyman Leland Yee, who sponsored the bill. "The IEMA (Interactive Entertainment Merchants Association) remains opposed to AB 1179 for many reasons, not the least of which is that it is impractical -- in essence creating a California-only class of products requiring retailers to buy, warehouse and distribute California video games separately from other inventory," the IEMA said in a statement. Similar bans on the sale of violent video games to minors have been routinely struck down by the courts as unconstitutional restrictions on free speech.

Illinois Enacts Ban on Violent Game Sales; Game Industry Sues to Overturn

Authored by Mark Hefflinger on July 25, 2005 - 8:29am.

Aurora, Ill. -- Illinois Gov. Rod Blagojevich on Monday signed the Safe Game Illinois Act into law, which prohibits the sale of violent and sexually explicit video games to minors in the state. "For the same reason we don't allow kids to buy pornography, for the same reason we don't allow kids to buy cigarettes, for the same reason we don't allow kids to buy alcohol, we shouldn’t allow them to go to stores and buy violent and sexually explicit video games -- games that teach them to do the very things we put people in jail for," said Blagojevich. In addition to fining retailers who break the ban $1,000, it requires them to create their own parental warning labels to place on game packaging, and post signs explaining the industry's game ratings system in their stores. The Entertainment Software Association (ESA), the large video game industry trade group, announced on Monday that it will file suit in Illinois to have the law thrown out. "In similar cases in St. Louis, Indianapolis, and Washington State, virtually identical bills were struck down, costing taxpayers hundreds of thousands of dollars in legal fees," the ESA said in a statement. The ESA was joined in its complaint by the Video Software Dealers Association, a rental industry trade group, and the Illinois Retail Merchants Association. ESA president Doug Lowenstein added, "This law will have a chilling effect on free speech. It will limit First Amendment rights not only for Illinois' residents, but for game developers and publishers, and for retailers who won't know what games can and cannot be sold or rented under this vague new statute."