ESA Steps Up Battle Against Ill. Videogame Law
Ill. should pay $644,545 in legal fees the Entertainment Software Assn. (ESA) ran up fighting the state’s “unsuccessful effort” to bar rental or sale of violent videogames to minors there, ESA said in a filing to U.S. Dist. Court, Chicago. ESA Pres. Douglas Lowenstein indicated ESA would use the tactic again, telling Consumer Electronics Daily “we've taken similar actions in the past and we will continue to take these actions at the appropriate time everywhere.” ESA has been awarded fees in similar St. Louis County and Wash. state cases, he said.
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In a Dec. permanent injunction, U.S. Dist. Judge Matthew Kennelly voided the Ill. law (CED Dec 6 p7). Declaring it unconstitutional, he wrote that “if controlling access to allegedly ‘dangerous’ speech is important in promoting the positive psychological development of children, in our society, that role is properly accorded to parents and families, not the state.” The law was to have taken effect Jan. 1.
Gov. Blagojevich (D-Ill.) - who pushed the law - hadn’t commented about the ESA petition by our deadline. He has vowed to appeal Kennelly’s ruling, but similar laws in other states have been struck down on the same constitutional grounds.
“From the day Governor Blagojevich announced that he would seek antivideogame legislation, it was clear to everyone that the proposal would be found unconstitutional and would waste taxpayers’ dollars in a protracted legal fight that would leave parents no better off,” said Lowenstein. “That is precisely what happened. We would have preferred to spend our resources on cooperative programs to help parents ensure their kids play appropriate games, rather than divert money to respond to politically motivated attacks… But the state has left little choice, and this petition is consistent with the rules of the federal courts regarding award of attorney’s fees to prevailing parties,” he said.
ESA wanted a settlement, Lowenstein said. But Ill. made unacceptable demands. So the trade group sued, putting a precise price on what the state’s crusade cost it.
VSDA backs ESA’s move as an action “on behalf of all plaintiffs in the [original] suit, of which VSDA is one,” Public Affairs Vp Sean Bersell told us.
Early this week, the ESA announced launch of a “Video Game Voters Network” online - an effort the group said aims to help adults voice concern about efforts to enact curbs on videogame sales (CED March 14 p8). Courts consistently side with the game industry, but states keep pressing for similar laws. A new Tenn. bill would go beyond most of those efforts by outlawing renting or selling extremely violent games to anyone (CED March 13 p6). - Jeff Berman