ESA readies lawsuit to strike down Illinois law
Trade groups will press courts to throw out Illinois HB 4023, signed into law today by Governor Rod Blagojevich.
As the Hot Coffee scandal cools, the Electronic Software Association is seeing another battle heat up. This time, the conflict is in Illinois. And it's not a rogue developer or isolated modder the trade group is taking issue with. It's the state's governor, Rod Blagojevich.
In a joint statement, ESA president Doug Lowenstein and Video Software Dealers Association president Bo Andersen said their organizations were filing a lawsuit seeking to halt the implementation of The Safe Games Illinois Act, Illinois HB 4023, a bill limiting the sale and rental of computer and video games. Today the bill was signed into law by Blagojevich.
The bill, introduced last December by Rep. Linda Chapa LaVia (D-Aurora), means that Illinois will limit the sale and/or rental of games with "violent and sexually explicit" content. Retailers caught renting or selling such games to persons 18 or under can now be fined up to $1,000 for violating the statute.
The Illinois Retail Merchants Association joined the ESA and VSDA as a co-plaintiff in the suit, which was filed in United States District Court for the Northern District of Illinois, Eastern Division. It contends that "Not only does the Act directly restrict the dissemination and receipt of a considerable amount of fully protected expression, but, because of its numerous vague terms, the Act also creates a chilling effect on a great deal of speech, as game creators and retailers will respond to the Act's uncertainty by self-censoring, depriving adults and children of access to undeniably protected expression."
"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," Lowenstein said in a statement.
"The governor's embrace of censorship is guaranteed to gain him wide media attention, but will do nothing to help parents make informed choices about the video games their children play," Andersen said. "Rather than imposing restrictions that cannot be understood by retailers or sustained legally, the governor should be working with retailers and the video game industry to educate parents about video game ratings and to encourage parents to utilize those ratings."
Hot Stories
Newsmakers
-
GameSpot's Best of 2009 - Year in Review
GameSpot's news team looks back at all the high points and low points of the year that was 2009. Full Story
- Posted Dec 17, 2009 5:25 pm PT
-
Tom Clancy's Splinter Cell: Conviction Patrick Redding Interview
We talk to the Ubisoft Montreal game director about the new multiplayer modes in the forthcoming stealth-action game. Full Story
- Posted Dec 18, 2009 8:39 am PT
Featured Stories
-
NPD's top 10 of 2009 (so far) topped by Modern Warfare 2
Xbox 360 edition of Activision's megahit leads US list, followed by Wii Fit, Wii Sports Resort, Mario Kart Wii, Wii Play, Halo 3: ODST, Pokemon Platinum, PS3 MW2, Madden, and New Super Mario Bros. Wii. Full Story
- Posted Dec 15, 2009 2:25 pm PT
- 376 Comments
-
Sony losing $36 per PS3 - Report
iSuppli analysis of redesigned console's innards concludes electronics giant spends $336 making every $299 Slim, the system's lowest loss per unit to date. Full Story
- Posted Dec 15, 2009 12:57 pm PT
- 445 Comments
-
Pokemon's March 14 debut caps Nintendo Q1 lineup
First-quarter release schedule headlined by HeartGold, SoulSilver; Mega Man 10 mobilizing by March; blue, pink Wii Remote due Feb. 14. Full Story
- Posted Dec 14, 2009 12:27 pm PT
- 168 Comments
-
Bethesda publishing Rage
Following id Software acquisition, Zenimax Media buys out EA's rights to release postapocalyptic shooter on Xbox 360, PS3, PC, Mac. Full Story
- Posted Dec 15, 2009 10:52 am PT
- 187 Comments
-
Final Fantasy VIII 'coming soon' to PSN
Sony newsletter indicates Square's classic JRPG headed to PS3's online storefront in the near future. Full Story
- Posted Dec 16, 2009 5:11 pm PT



2 Comments
Sign in / Sign up