ESA and VSDA Sue To Overturn Cal. Game Law
The Entertainment Software Assn. (ESA) and VSDA lived up to their promise Mon. as they filed a lawsuit in U.S. Dist. Court, San Jose, Cal., to overturn a law that would make it illegal for retailers to rent or sell violent videogames to minors under 17 years old. The act cleared the Cal. legislature Sept. 8 and signed by Gov. Arnold Schwarzenegger (R) Oct. 7 (CED Oct 12 p9).
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Named as defendants were Schwarzenegger, Cal. Attorney Gen. Bill Lockyer (D), Santa Clara County Dist. Attorney George Kennedy, San Jose City Atty. Richard Doyle and Santa Clara County Counsel Ann Miller Ravel. The ESA and VSDA said they were named because they will have to enforce the law if it’s enacted as part of each’s “official capacity.”
The suit asked the court to “issue a declaratory judgment that the act is void,” issue a preliminary injunction and a permanent injunction against the defendants to stop them from enforcing the act. The groups also seek “general and equitable relief as [the court] deems fit and proper,” along with legal costs and attorneys’ fees.
The groups claimed in the suit that the act violates the First Amendment “by creating penalties for the sale or rental of videogames based solely on a game’s purportedly ‘violent’ content.” They said the act presents their members with “the possibility of arbitrary and discriminatory enforcement because the act fails to set forth minimal standards for enforcement.” The suit said the act “does not set forth adequately specific standards for determining which videogames have sufficient ‘violent’ content to fall within the act’s prohibitions.” For example, it said it was unclear how a person could “assess whether a particular videogame depicted violence against a character with ’substantially human characteristics.” The suit asked if “a character with magical powers qualify? What about a zombie? A centaur?” The suit also said the act “requires videogame publishers, manufacturers, distributors and importers to assess whether a videogame is violent based on subjective assessments of a game player’s intent.”
The suit said injunctions are necessary because the plaintiffs “are threatened with immediate, serious and irreparable injury as a result of the enactment and imminent enforcement of the act.” VSDA Pres. Bo Andersen said: “We did wish we did not have to take this action but we must protect the First Amendment rights of videogame retailers and distributors and their customers.” ESA Pres. Douglas Lowenstein again said: “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.” The groups said similar laws had been overturned in the past.
In related news, GamePolitics.com said National Institute on Media & the Family Pres. David Walsh sent a letter to Miami attorney Jack Thompson, criticizing the fellow game industry critic for using “extreme hyperbole” in his comments against the industry and for “tactics [that] have included personally attacking individuals for whom I have a great deal of respect.” Walsh then asked that Thompson “cease using the Institute’s or my name in any way that would give the impression that we support your efforts.” Walsh also asked Thompson to “remove the link to our website that appears on your site.” The ESA’s Lowenstein and Microsoft Chmn. Bill Gates were among a handful of people who received copies of the letter, according to GamePolitics.com, which also posted 2 letters in which Thompson later slammed Walsh for his comments and for sending Lowenstein a copy of his letter.