ESA to sue Oklahoma

Industry trade group to file suit against the Sooner state to have recently passed game-restriction law declared unconstitutional.

As expected, the Entertainment Software Association is planning to file suit against the state of Oklahoma after Democratic Governor Brad Henry last week signed into law HB3004, which adds games with "inappropriate violence" to the state's list of material that could be considered harmful to minors.

ESA president Douglas Lowenstein issued a statement confirming the suspicions of many today, saying that the industry trade group was "deeply disappointed" by the actions of the Oklahoma legislature. Earlier this month, Lowenstein expressed the same deep disappointment in the actions of Minnesota's legislature, after Republican Governor Tim Pawlenty signed a bill that will fine minors $25 for purchasing games rated M for Mature or AO for Adults Only.

"We believe HB 3400 will restrict the First Amendment rights of Oklahoma's citizens and intend to file suit in Oklahoma federal district court shortly, asking that the state's new video game law be overturned," Lowenstein said.

Lowenstein noted that states in which these bills have passed have had to part with nearly $1 million in legal costs and an indeterminable number of hours spent by government employees attempting to defend them.

"We hope that sooner or later state legislators and candidates will stop trying to seek headlines by subverting the constitution and frittering away desperately needed taxpayer dollars and instead enter into a constructive partnership to educate parents about the tools available so they, not government, can raise their kids as they see fit," Lowenstein said.

Last month, the ESA came out in support of a Maryland law that added games to the list of media that could be considered obscene. However, when asked by GameSpot about ESA attempts to establish a constructive partnership, the coauthor of the Minnesota law said the group testified against her bill but hadn't offered any suggestions.

115 Comments

  • Killerrabbit123

    Posted Jan 15, 2007 9:19 am PT

    According to the law, buying mario is a fineable offense (You jump on people, freely, meaning a lead character who resorts to violence, freely!)

    ESA! ESA! ESA!

  • og8440

    Posted Jun 19, 2006 3:00 pm PT

    Can I get an amen? This is awesome news! Give 'em hell ESA.

  • Seraphim_24

    Posted Jun 14, 2006 8:25 am PT

    The government needs to be slapped for this. We have far too many people in the government on power trips. Thank God for the ESA. More people should stand up to this nonsense. People are loosing thier rights because we are allowing it to happen by doing nothing.

  • SS2Dante

    Posted Jun 14, 2006 4:26 am PT

    Not even a week, and they are being sued. YAY!

  • Killagorilla27

    Posted Jun 13, 2006 5:26 pm PT

    Good for the ESA for (inevitably) stepping into this ludicroisy...

    Why in the blue hell don't politicians spend their time on issues that are actual ISSUES, like the energy crisis, or our stumbling economy, instead of screwing around with "vote-getters" like gay marriage, wiretapping, and most annoyingly, unjustified anti-media crusades like this one?

  • jimbo102671

    Posted Jun 13, 2006 4:41 pm PT

    Let me guess: It's election time again and these politicians want to tackle a "hot topic" to get the "conservative vote". Don't make me laugh!

    This is pure BS! Any one can see that "inappropriate" is a very subjective term.

    Also (note to all RPG players), one of the criteria for "inappropriate violence" states: "depicts lead characters who resort to violence freely". I honestly don't know of any RPGs which the characters get experience points without fighting monsters.

    The ESA should be commended for standing up to jerks like Brad, Hillary, and Jack. The states that keep this BS up should be ordered to reimburse the ESA's legal fees. Maybe if that happens, politicians will think twice about which video gaming legislations they push.

  • remy_marceaux

    Posted Jun 13, 2006 2:42 pm PT

    Times like this, I'm glad I live in Ontario, Canada; where stores are legally required to check I.D. (16+) on every purchase of an M or AO game... and we don't have games flat out banned, unless it's an attempted political stunt... hahaha.

  • Disgaeamad

    Posted Jun 13, 2006 2:38 pm PT

    Looks like ESA know what they are doing, I support them all the way with this.

  • comthitnuong

    Posted Jun 13, 2006 1:58 pm PT

    they got dissed

  • juliaryder

    Posted Jun 13, 2006 12:43 pm PT

    I live in Oklahoma and despise Brad Henry for his lack of intelligence.Thank god for the ESA!!!!!!!!!!!!!!!!

  • 666SolidSnake

    Posted Jun 13, 2006 12:36 pm PT

    Wrong PS dude u dont live in Oklahoma the democrats acutuallay have controll in Oklahoma where i live the Repulbicans think that this bill is unconstutional o and the republicans vitoed this law in congress to ban vilent games stupid

  • TheGrandMiG

    Posted Jun 13, 2006 11:48 am PT

    yay! go ESA!!!!!! E-S-A! E-S-A! E-S-A!

  • walrus1

    Posted Jun 13, 2006 11:13 am PT

    come on ESA lead the way!!!! where's the ACLU?

  • BadAndy642

    Posted Jun 13, 2006 11:01 am PT

    I hope that the ESA gets this law overthrown because it goes WAY too far. I believe that minors SHOULD NOT be allowed to buy games rated M or AO. If the parent buys them the game it's the parents choice. I would hope no parent would let any child under 12 play a game like GTA, BUT the world is full of stupid people.

    The problem with society is that everyone tries to be too politically correct. In my family growing up I obeyed my parents because I knew I'd get a "beating" (I'm from Arkansas and a beating is a regular spanking NOT ABUSE. WE CALL ABUSE, ABUSE) If people would actually discipline their children you wouldn't have the brats in Wal-Mart that we see everyday. Parenting has gone away because you can't beat (see above) your kids anymore (Damn Democrats) and the new generation of parents suck at being parents. YOU ARE THE BOSS, NOT THE CHILD. My pop used to say," This is not a democracy in this house; it is a dictatorship and what I says goes."

    Watch South Park and cleanse yourself of being politically correct, And vote Republican.

  • Lucribis

    Posted Jun 13, 2006 10:52 am PT

    It saddens me how little some of you understand the impact of this issue. Am I against younger children getting games that are inappropriate for their age? Of course. I have games that I play that I refuse to play in front of nephews and neices, or wouldn't play in front of my children (if I had any). However, laws like the one presented in Oklahoma don't just "help" parents to keep these games from kids. If we had all the laws set this way, then why not set laws against parents buying kids food from, say, McDonalds? It'll make them fat and unhealthy right? Why not have a governement law telling you how much fast food you can feed your kids because you "need help" keeping your kids healthy. How about getting rid of all options for homeschooling, because the government needs to make sure we are teaching our children in the correct manner, and thus, they must control who can/can't, or simply abolish it completely on their own judgement. They're "helping" us teach our kids, so why not? Why not just turn EVERYTHING over to the government since we can't do it ourselves? Let's overrun all that our own ancestors/forefathers fought for and have our decisions always made for us...

    Now you also have to keep in mind that most of us who are gamers from as far back as Atari, Nintendo, etc., probably still make up the majority of players now. The video game industry is filling up with our generation, as well as tries to cater to us. Most of us are adults ourselves. We want games like this, not merely for the sake of excessive violence, but for the sake of having more of a realistic setting. For those of us who are mature enough to understand the morals of right and wrong, a video game as open ended as GTA is merely the same as watching a movie like Scarface or the Godfather, except that now we're able to do it ourselves.

    My point is this: when you do something as excessive as covering video game box art for an M rated game (which is the same as a rated R movie let's face it), you hurt the image of the companies who are working hard at getting these games out to those of us who are appreciative of the many settings available for us to play in. I can think of MANY movies to match up against these same games, that are FAR worse, and do not have covers across their boxes. If you're wanting to be truly fair about it, movies with blatant sexuality and violence (Scarface, Godfather, Goodfellas, Kill Bill Vol I and II, American Pie(s), etc.) should have the same treatment.

    You say there are certain examples where certain items have been covered (an album by Marilyn Manson was mentioned somewhere I believe), well if it was that bad, then that's probably the same as AO games. Those should be covered I would think, and at the same time, most companies just plain don't sell these games, so it's already taken care of. If AO is the same equivalent as a porn movie/mag, then yeah...I can see covering those.

    Regardless, this is supposed to be aimed at trying to keep kids from having access, and while that is a good goal to have, ultimately, I don't think the government should be the one in charge of what we can and can't do in this regard. If they want to help, they should place some type of government funded site/program that parents can access to check up on games, etc., or have some type of advertisements (like those Truth.com commercials) that spread awareness for parents about the ratings system, etc., so that they will be more likely to further look into what their kids are playing.

  • cheatcommando

    Posted Jun 13, 2006 10:25 am PT

    Go ESA!

    There's no reason they should be putting fines out for buying games.

    Besides even it if isn't reversed and the law stands, kids will find a way to get their hands on the games through parents or friends anyway.

    Big waste of time even trying! If the parents are gonna let their kids play it they will.

  • Priest57

    Posted Jun 13, 2006 10:10 am PT

    As an Oklahoman I could care less wether or not this law gets thrown out or stays. I'm not a minor and haven't been for quite some time so this law doesn't affect me. Everyone knows that Jesus has the say around here, Brad Henry is only doing this to keep the Bible thumpers at bay and he doesn't give a darn about the kids only about votes and keeping the Jeseus Fan club happy. I'm a religous man, but it's almost maddening how much God and religion is pulled into state politics in Oklahoma, because the Christian thing to do about issues in our state is to wine and b*tch about how laws don't involve a Christian spin on them. I swear we should have a Christian Party here as one of the canidates who are running for mayor, govener, and senate, heck they should even rename Oklahoma to Jesus and Pals Clean Fun State. Like I said before I'm a religious person, but bringing religion into everything as small as games is just ridculos. We don't even have legal tattoo parlors they're illegal here, they even got rid of legal cock fighting, and we just recently made gambling legal like three years ago and just like a year ago the lottery was introduced. I swear that this gaming bill passed was for a religious crusade and nothing more, no parent knows how to raise children these days since everyone is afraid of punishing their children and wouldn't want to take interest in anything their kids do anyway, but when the local news mentions that something could be harmful to children then they start to spew ignorant causes why the certain thing should be stopped. Like when cock fighting was banned nobody knew what makes a cock fight work or what was involved, people who wanted it stopped actually thought that the roosters ripped each other apart. Like pieces flying around the ring, and blood spewing everywhere on everyone. I'm not making that up I saw it on the news and read it in the paper. Now I know cock fighting is not the most safest sport for foul, but come one if you know nothing about the subject why fighti it. I know it's a dumb reason to get upset, but why oh why do ignorant people get to have power in a world where we need wise and open minded people running the place, a place where we should have the say and the right to think for ourselves not think for each other then we're nothing more than puppets waiting for someone to decide where we should go next in life.

  • rtehrani

    Posted Jun 13, 2006 10:06 am PT

    I, also an oklahoman, hope the esa succeeds.

  • PSDUDE

    Posted Jun 13, 2006 9:50 am PT

    666SolidSnake
    "looks like the republicans are fighting back against those jackass democrats"

    HAHAHAHAHAHAHA...Despite this initiative being signed into law by a Democrat, a monkey can see that this law stems from trying to appease conservative right wing Republicans. Did you also consider that this law had to pass the Senate and House which are both Republican controlled? Since Oklahoma is a red state, does it surprise anybody that a law like this was passed there? NOT ME. Moderates over blind conservatives!!!!!

  • mylivingeulogy

    Posted Jun 13, 2006 8:36 am PT

    You have to remember that most places before any of these laws went up would never ever sell any M+ games to kids. I remember when i was a kid they always asked for my parents before i could rent/buy pretty much any game. The government cannot and should not control what people can buy. Its the parents job to do that. (and a lot of them do a horrible job at that)

  • Wario_and_Fox

    Posted Jun 13, 2006 8:33 am PT

    What else is new

  • maniaxe613

    Posted Jun 13, 2006 8:28 am PT

    I knew that the ESA would step in eventually. It was bound to happen, especially since they have sued other states in the past, including California when Arnold Schwarzenegger the governor put up a video game law. Also, considering that the ESA has won many lawsuits in the past before, they are definitely going to win this one because this law that Oklahoma is attempting to have is the most unconstitutional.

  • roadrunner1178

    Posted Jun 13, 2006 8:09 am PT

    I agree with the law. Mature rated games are rated and intended for adult gamers. Mature gamers will still be able to play the games they want to. Many parents might still purchase a game for their child without reading or paying any attention to the rating/warnings. Not because they do not care about the content of the game but because they may not be sufficiently informed. This can only help parents who care about the content of the games that their children play. Though there are many "underage" gamers who are probably responsible enough for "M" rated games, there are many more who probably are not.

  • sitgom

    Posted Jun 13, 2006 7:59 am PT

    No comment

  • playwrite

    Posted Jun 13, 2006 7:35 am PT

    i wish they would just come out and suggest their own law. you know, like something requiring retailers to follow the ESRB ratings ongames. granted the EB games stores here in nova scotia do that anyway.

  • glinz

    Posted Jun 13, 2006 7:19 am PT

    All that I have to say is I feel sorry for the people in Oklahoma, why? Because now your hard earned money is probably going to help to overturn abill that your mayor should have been smart enough to realize not to try and sign into law in the first place (and just as a small side note I hope this law gets shot down like a one winged duck when the esa sues).

  • Dinghy_Dog

    Posted Jun 13, 2006 7:13 am PT

    WHY DOES ANYONE CARE??? Oklahoma cant freakin monitor online purchases!! Everything on Amazon and eBay is cheaper anyways...

    Plus, I'm 21. So this effects me ziltch!

  • JBiker51

    Posted Jun 13, 2006 7:09 am PT

    That's RIGHT! PUMP IT!

  • player_leo

    Posted Jun 13, 2006 6:54 am PT

    You guys already know how I feel about this subject

  • rvinsc

    Posted Jun 13, 2006 6:36 am PT

    ESA!!! I still dont live in Oklahoma.

  • specialed

    Posted Jun 13, 2006 6:35 am PT

    Why the heck would Minnesota fine the minor, when its the freakin retailer that should have checked the age in the first place? The minor is just exploiting the weakness in the retailer that sold the game. Or better yet, sue the parent or guardian, not the minor.

  • jonnyjd

    Posted Jun 13, 2006 6:29 am PT

    This was a dumb bill to begin with. Go ESA.

  • Manatassi

    Posted Jun 13, 2006 6:11 am PT

    "Depends on the minor. I've seen many kids even as young as 7 or 8 years old better able to handle sex and violence than most people who are considered "old enough" for it. There are some people that should be kept away from violence that you just can't because they're of age. It all has to do with maturity. Heck, I'll just say it. I'm 16, and yes I'm against this law, but it's not because I'm a minor. In fact, I haven't owned an M rated game in quite a while. I'm against it for purely political and personal standing on the subject."

    7 or 8 year olds are able to handle sex and violence?

    I'm sorry mate but there is no arguing that children are NOT able to deal with violence and sex properly, now it is fact that there are many Adults who are unable to handle violece and sometimes sex properly because they have emotional issues or other learning difficulties. That does not mean that children are in any way mature enough to deal with these issues. There are children who at the ages of 14 even seem as mature as some adults but what is commonly missheld as maturity is aa part of the growing and maturing process.

    Children on a whole are not emotionaly developed before their very late teens and even then are subject to outside influences.

    Now I would be quite happy to let a parent say "my child is 15 and I feel that they can handle an M rated game" thats not a problem but thats not the issue here. We are talking about parents letting children of 6years of age play exessively violent games and watch sexual material. This is why people are upset over these issues.

    The reason that games are being targeted is the commonly held image of games being for kids. This is a problem because parents have this Idea that games are for kids aswell and are completely ignorant to what a game even is.

    The fact of the matter is that M rated games should not be sold to a minor OR provided by a parent to that minor, the same consequences should aply to somone who sold a hardcore porn DVD to a 7yr old as an M rated game. That sounds extreme? so answer this. Whats is worse, sex - the thing that is part of everyones lives and without it we wold not exist, OR Violence?

    Now I'm sorry but what sane person would argue that Sex is more destructive than violence? But what sane person would hand a 6yo child a hardcore porn movie?

    you would be dragged infront of the courts as a pedofile if you tried one of those but you would be exersizing your "constitutional rights" if you handed a child a violent game.

    Anyone seeing the problem with that? If you cannot justify handing a child porn (which I beleive is totaly unacceptable) then how can you justify handing a child Violent material?

  • MortalWound

    Posted Jun 13, 2006 6:02 am PT

    This is realy cool. I live in oklahoma and i felt embarassed by the fact that my governor (who never should have been voted in to begin with) passed this bill. It's a relief to see the ESA do something about idiots who probably have never played a video game. Thanks ESA!

  • Paganstar

    Posted Jun 13, 2006 5:57 am PT

    I personally do not think that children should have access to M rated games, but that is a choice their parents should make, not the government.
    This article http://1up.com/do/feature?cId=3151147 says it very well and draws comparison between the video game persicution of today and the comic book industry of 50 years ago. and to quote the closing... Henry Steele Commager said that "The fact is that censorship always defeats its own purpose, for it creates, in the end, the kind of society that is incapable of exercising real discretion,"

  • Autolycus

    Posted Jun 13, 2006 5:46 am PT

    how about we sue or government for not looking out for what is best for their people. This stuff is pointless in the grand scheme of things

  • Hitman3357

    Posted Jun 13, 2006 5:42 am PT

    Dear god, thank you ESA! You are my Messiah!

  • Crazy_McGee

    Posted Jun 13, 2006 5:36 am PT

    This bill is trying to relate violence among children and teenagers to video games. The problem with this is that violence among children and teens is not caused by video games, but by personal experiences as well as dealing with peer pressures and the stress of everyday life. I will admit that video games do play some part in the rise of twelve-year-olds swearing like they're fresh out of the Navy, but they don't require a bill like this; they require parental supervision! Come on parents, if you don't want your kids swearing and threating you with a knife, you shouldn't be buying them GTA!

  • Naruto

    Posted Jun 13, 2006 5:27 am PT

    ESA

  • zackarkywar

    Posted Jun 13, 2006 3:15 am PT

    ESA ALL THE WAY!

  • metdevthegamer

    Posted Jun 13, 2006 3:14 am PT

    I'm really glad the ESA is sticking up for the industry. Just hope they don't have to repeat themselves with other states.

  • choochootrain

    Posted Jun 13, 2006 2:40 am PT

    Git 'em!

  • 9mmSpliff

    Posted Jun 13, 2006 1:45 am PT

    Kids shouldnt be able to purchase games of that level. I think its good there is legalizing of it. I just hate playing with annoying kids on games.

  • Chubbums

    Posted Jun 13, 2006 1:08 am PT

    Slightly Racist? Not to sound racist but are you White? If you are then obviously you would consider all the stereotypes GTA SA has as normal everyday life for hispanics and blacks. GTAIII and Vice City were full of stereotypes as well. Apparently all italians have some connection with the mob right?

  • -FailSafe-

    Posted Jun 13, 2006 12:53 am PT

    Haha I was born and raised in Okla and I just moved out of what I consider the worst state in the union.............Thank God.

  • Scorpion16

    Posted Jun 13, 2006 12:03 am PT

    "It's wide known fact that minors have no rights under the constitution,"

    Wow someone here is stupid, where in the constituion does it say that moron? It doesn't and this law will never see the light of the day. I live in Illionis and they passed a less restrictive measure and it was struck down immediately. As far as a 7 year old asking for the player's guide for BloodRayne 2, if the parents think that he is mature enough for the game, than that's thier bussiness. I was playing Mortal Kombat when I was in pre-school and so did pretty much everyone I knew. Oh and you gave up your right to free speech at work when you agreed to their rules.

  • Peter_Griffin49

    Posted Jun 12, 2006 11:58 pm PT

    I just think all of this stuff is dumb.

  • Medic

    Posted Jun 12, 2006 11:56 pm PT

    Good deal

  • Black_Sage89

    Posted Jun 12, 2006 11:35 pm PT

    I wish I had the power to sue an entire state.

  • Omnius22

    Posted Jun 12, 2006 11:28 pm PT

    I'm disgusted with a comment as ignorant as this. People like you would buy their kids(if you ever have any, god forbid) porn because in your mind you consider them educational for children. I would never buy my little brother a game as racist, violent, and sexist as GTA. People are idiots who consider games like this suitable for children and should have child services take away their kids so they don't grow up all messed up in the head.

    Wow...

    I saw sex in a movie when I was about 8 years old. I saw violent movies when I was 7 also. Hasn't done any harm to me. If anything, it stopped me from becoming obssessed over it like some kids have because its "naughty" and they shouldn't be seeing them. Jeez.

    And who says they'd buy their kid porn? Sex in films isn't always porn y'know.

    And one more thing, I've played every single GTA game and I certainly don't remember it encouraging sexism. GTA III and Vice City weren't racist either. San Andreas was slightly, I suppose, but that's only because this "gangsta" crap is somehow popular.

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