ESA, EMA file suit against Louisiana

Industry trade groups waste little time in asking the courts to overturn game-restriction law.

Louisiana Governor Kathleen Blanco yesterday signed into law HB1381, which made it illegal for retailers in the state to sell, rent, or lease some violent games to minors. The bill went into effect immediately upon signing.

Today the Entertainment Software Association (ESA) announced that it has filed suit against the state of Louisiana in the Federal District Court of Baton Rouge, Louisiana, to have the law overturned. The Entertainment Merchants Association (EMA) is a co-plaintiff in the suit.

"Louisiana legislators have decided to squander taxpayers' money on a bet they can't win," said EMA president Bo Andersen in a statement. "Despite what the legislature has been told, the Louisiana video game restriction law is not unique--a very similar measure was passed in Michigan and promptly overturned in federal court. The Louisiana law suffers from the same constitutional defects as the Michigan law and the five other video game laws that have been enjoined on constitutional grounds. It will meet the same fate, and the taxpayers of Louisiana will end up having to pay for the legislature's reckless gamble."

ESA president Douglas Lowenstein said that the bill was unnecessary, noting that parents are involved in the purchase of M-rated games 80 percent of the time and that retailers already card minors trying to purchase them. He added that Louisiana was sending a mixed message to the gaming industry with the law.

"HB 1381 also directly undermines efforts legislators started after enactment of tax credit legislation less than [a] year ago designed to lure video game development and production to Louisiana to generate needed high-paying technology jobs," Lowenstein said. "Signing this bill into law would no doubt hurt the state's economy, essentially hanging up a 'Stay Out of Louisiana' sign on the state's borders for video game companies."

165 Comments

  • hart704

    Posted Aug 16, 2006 9:00 pm PT

    I have tons of M rated games. Come and arrest me too! Come on! I'm beggin' ya, Thompson! Make me famous!

  • The_SSun

    Posted Jun 19, 2006 12:47 pm PT

    Damnit! They go to Louisiana but not Oklahoma! Does anybody know if they have tried to overturn the Oklahoma law that was passed?

    http://www.gamespy.com/articles/712/712420p1.html

    We didn't have to wait long to see a reply from the Entertainment Software Association's President Doug Lowenstein. He recently fired back with an announcement of his own, saying, "The ESA is deeply disappointed by the actions of the Oklahoma Legislature. We believe HB 3004 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."

  • ionstormn

    Posted Jun 19, 2006 12:39 pm PT

    great now my states has another bull**** law

  • og8440

    Posted Jun 19, 2006 12:39 pm PT

    Damnit! They go to Louisiana but not Oklahoma! Does anybody know if they have tried to overturn the Oklahoma law that was passed?

  • K1LLSWITCH

    Posted Jun 19, 2006 11:53 am PT

    I'm glad there is someone out there fighting for our rights as gamers, to play and enjoy video games no matter what the big bold rating symbol is on the box.

  • Global_Nexus

    Posted Jun 19, 2006 11:26 am PT

    Your tax dollars at work, folks. Politicians: Republican or Democrat or even Third Party or Independent, they're all ratfinks, the whole lot of them. Here's to the striking down of this bill! And the eventual downfall of that fruitcake, Jack Thompson!

  • PicoFry

    Posted Jun 19, 2006 10:54 am PT

    VIVA LA RESISTANCE!!!!!!

  • The_SSun

    Posted Jun 19, 2006 10:48 am PT

    Personally,I don't have a problem with a parent who lets their kid play a M rated game,watch a R rated movie,read a whatever they want etc-As long as the parent understands what sort of material is in those kind of things. It's not those parents that are the problem in this issue. The problem comes in with the uneducated ones that think GTA is a racing game,buy it for their kid,get home and see their son/daughter running over virtual cops or having sex with virtual hookers,then flip out. They'll blame the game companies,the retailers,or anything else they can think but themselves.

    If you're kid is a part of a sport you knew nothing about,wouldn't you make a point to learn how it's played?

    How's this any different? Education is all that's required to curb this problem.

    I wonder how many parents know that most/all the new game systems have parental controls on them. I'm not sure on the Game Cube as I don't own one but I know the PS2 and Xbox as well as the next Gen's do.

  • phinsfan

    Posted Jun 19, 2006 10:25 am PT

    For all of you saying "kill the parents", I am a 36 year old with 2 kids, and at least I have my head on straight by not letting my children play M games or R movies, I agree that most parents should be more educated and THINK about what to do before making a decision.

  • 2350kid

    Posted Jun 19, 2006 10:19 am PT

    You know, I have read numerous articles on bills and time and time again, the bill is overturned. For the governor of Louisiana, stop trying to put bills out, this is a waste of time and money. You can't win the battle. Why don't you try to rebuild Louisiana for a change. Since most of us do our shopping online (aka Ebay or Amazon), the bill won't even work.

  • ReyWing

    Posted Jun 19, 2006 9:51 am PT

    "HB 1381 also directly undermines efforts legislators started after enactment of tax credit legislation less than [a] year ago designed to lure video game development and production to Louisiana to generate needed high-paying technology jobs." I totally forgot about that legislation. That's so hypocritical of the Lousiana government to do. But "Stay Out of Lousiana" would not only be directed towards game developers and publishers but towards GAMERS (adult and children) in GENERAL. "Stay OUT or you might be ARRESTED, FINED, JAILED, and/or WORSE."

  • The_SSun

    Posted Jun 19, 2006 9:28 am PT

    Man, why don't these baby-boomer lliberals just piss-off. They can't win elections against Republican canidates so they pull crap like this because they hope it will make them look more "conservative" and get them votes. Yet how many conservative republicans do you see pushing for these kinds of bills? Not many, because they realize that there are more important issues that our country needs to deal with then this crap. I realize that both parties have their own faults, but I'm at the point where I'll be damned if I'll give some idiot liberal democrat my vote when they continue to show just how ineffectual their party really is.

    Where I understand the different sides of the political spectrum love to take shots at each other,blaming one side over the other on this issue is pointless.

    Both sides have helped bills like these along rather equally. A lot of the focus is placed onto the individual(s) who either proposed the bill or the Govs who signs them.

    However what that leaves out is the steps in between. In order for these bills to go from proposed to the Gov's desk it takes votes by both the state House and Senate.

    http://www.gamesindustry.biz/content_page.php?aid=17096

    Mirroring the run of previous State proposed legislative amendments - all of which have been legally challenged and many of which have been struck down in court on grounds of unconstitutionality and lack of convincing evidentiary support - the bill was passed unanimously by a vote of 102-0, with Republican representative Danny Martiny claiming that the validity of the bill in terms of First Amendment protection was "for the courts to decide."

    After being approved by a key committee last week, HB1381 was passed last night in a 35-0 vote in the Louisiana State Senate

    That quote is from the Gamespot article on the senate vote.

    That's 137 for and not one vote against. Both Dems and Reps tossed in their vote for this bill. In basically any state where this has been tried it's been the same,or close to it.

    The letter beside their name really doesn't matter on this issue except in very rare occasions.

  • ghsacidman

    Posted Jun 19, 2006 8:25 am PT

    GO ESA. STICK IT TOO EM.

  • thatguytony

    Posted Jun 19, 2006 3:11 am PT

    Man, why don't these baby-boomer lliberals just piss-off. They can't win elections against Republican canidates so they pull crap like this because they hope it will make them look more "conservative" and get them votes. Yet how many conservative republicans do you see pushing for these kinds of bills? Not many, because they realize that there are more important issues that our country needs to deal with then this crap. I realize that both parties have their own faults, but I'm at the point where I'll be damned if I'll give some idiot liberal democrat my vote when they continue to show just how ineffectual their party really is.

  • Pharoah6

    Posted Jun 19, 2006 1:03 am PT

    ESA FTW!

  • jdpoz

    Posted Jun 19, 2006 12:57 am PT

    Hey, I went to my state's .gov site and gave Blanco this message:

    Dear Governor Blanco,
    I thought you should read this article.

    http://www.gamespot.com/news/6152869.html

    My particular favorite quote is in the last paragraph and reads as such:
    "HB 1381 also directly undermines efforts legislators started after enactment of tax credit legislation less than [a] year ago designed to lure video game development and production to Louisiana to generate needed high-paying technology jobs," Lowenstein said. "Signing this bill into law would no doubt hurt the state's economy, essentially hanging up a 'Stay Out of Louisiana' sign on the state's borders for video game companies."

    You have laid out yet another reason that I, a graduating college student wanting to pursue a career in the multimedia entertainment industry, should leave my home state of Louisiana as soon as I am financially able. Contrary to what your legislation says, I have played video games all my life, (yes, even those violent ones like Grand Theft Auto, Mortal Kombat, Doom, etc.) and I never have harmed anyone, because my parents did their job in raising me well, enstilling moral values in me as well as teaching me the differences between fantasy and reality. Allowing this bill to pass is a rediculous waste of our tax dollars. The young individuals commiting crimes supposedly from playing video games is not the game companies' faults. The blame lies upon the individuals who commited the crime and the guardian figures of those who commited these crimes. Games clearly show on the front and back of each box what age group they are appropriate for through the ESRB's rating system. When I was a kid, and wanted a new game, my parents made me show it to them. If they found it innapropriate for my age, they refused to buy it for me. Every store I have ever rented or bought an "M" rated game (just in case you didn't know, an M-rated game is pretty much like an R-rated movie) from has asked for a valid, state-issued ID when I paid for it. But in high school, I worked at a video rental store, and every day, parents would come in to buy/rent these M-rated games for their 6-16 year old kids all the time (just like they have done for so many years with other forms of adult-oriented entertainment, such as R-rated movies).

    So, this unconstitutional law, even if it did somehow make it through the courts after all the lawsuits, would be able to easily be sidestepped by irresponsible parents, just like how they do now.

    I realize that you are probably not a video game player, yourself, as many older adults are not. However, the video gamer generation - my generation, is beginning to reach voter age now, and this state is alienating an intelligent group of voters who openly support an industry now worth more than five billion dollars.

    Thank you for your time and attention.

  • jdpoz

    Posted Jun 19, 2006 12:06 am PT

    ...
    I hate my state.

  • DarkStreetDev

    Posted Jun 18, 2006 11:39 pm PT

    Politicians are so stupid. Shame.

  • headcase12

    Posted Jun 18, 2006 11:06 pm PT

    [This message was deleted at the request of the original poster]

  • karnis

    Posted Jun 18, 2006 10:48 pm PT

    this law will get killed over and over lmfao

  • rbarahona

    Posted Jun 18, 2006 8:34 pm PT

    I hope that they could stop this lawsuits... Games, like movies, books, TV Shows, and all the forms of communication are targeted toward different kind of users... there's a rating and it's up to all the ones involved (publishers, stores, gamers, and parents) to respect that rating.

  • pundog

    Posted Jun 18, 2006 8:33 pm PT

    You'd think Louisiana would have bigger things to worry about right now, there are still people displaced by Katrina, You'd figure that would be a bit of an issue. The reason they're focusing on games and not movies/porn/music is because none of them play games but I bet they all watch R rated movies and some of them watch porn and a couple of really old white guys probably listen to 50 and Jay-Z, besides they already lost the rap is destroying our children fight.

  • barulez

    Posted Jun 18, 2006 8:32 pm PT

    Freedom of speech doesnt work well in Louisana and ESA and EMA- fight for the ppl who play those types of games.

  • PsychoLord13

    Posted Jun 18, 2006 8:32 pm PT

    How many times is the same law in different states with slightly different wording going to have to be crushed before people start to realize that they're never going to pass a law that kills freedom of speech like that. ****** soccer moms think they need to protect their kids from the harsh realities of the modern world, maybe they should protect their kids from bad parents who want to pass off the blame on other things when their kid goes bad. If a kid graduates with honors from a top notch college, they're the first ones to step up and take credit, but if their kid goes on a rampage, kills 10 innocent people, and then commits suicide, "It was all that Grand Theft Auto and Doom he's been playing". No, they never had anything to do with that. I know many kids of 13-14 years (Myself being one of them) who all hop online to play Halo 2 and talk about how we beat resident Evil 4 and Hitman: Blood Money and how my first game was Duke Nukem 3D at the age of 2 and still, most people I know would agree that we are some of the nicest kids around. Cut me a break people, stop Government interference in the game industry.

  • Final13

    Posted Jun 18, 2006 7:36 pm PT

    Go ESA and EMA! Tell the government how much bull crap this is. If our parents allow use to play games that have violence in them IT IS THERE PROBLEM! Ya like nathanthegame said, why are they not making a deal over R rated movies also.

  • Maxd76

    Posted Jun 18, 2006 7:29 pm PT

    MUN200455996:
    M rated games can be sold to 17 year olds in the US

  • The_SSun

    Posted Jun 18, 2006 4:39 pm PT

    Foget fines and laws, if you aren't at least 17 years of age you simply don't get to buy an M rated game unless a parent allows it.

    Something like 80% of M rated games are purchased either by an adult or with an adult in the store with the minor. And I'm not sure if it's store policy or not but I've seen clerks inform people of what they're buying in cases like you mentioned. Sometimes it works and sometimes it doesn't. The responsibility still falls on the parents to know what they're buying/letting their kid buy. It's not the retailers job to make sure the parents know.

    They enforce it with movies why not with games?

    The systems used by the movie industry and the game industry are similar,they have some difference but they're close.

    There are no laws on movies,it's privately enforced by the theaters themselves. One could technically build their own theaters and throw the rating system out the window if they wanted. Retailers generally have signs in the store that explain the rating system,the game boxes state right on them what they're rated and why,how much easier can they make it?

  • Tekh09

    Posted Jun 18, 2006 4:28 pm PT

    Typical stupidness.The governor should be doing their best to help their state,not try and stop videogames.The economy is probably already a little f'ed up over there ,and trying to get rid of some very good games will not help.I'm a 13 year old and my first violent game was State of Emergency in 2nd grade.Now,I'm almost in 8th grade,making all A's,and I never repeat what I hear in the games.My parents know what I'm playing,and they trust me.The real issue is the parenting,not the games.

  • amblisnys

    Posted Jun 18, 2006 4:24 pm PT

    It's really quite simple. Just make the damn stores enforce the ratings system. Inform anyone who buys a game of the rating and in the case of an M rated game explain to them why, I mean it IS right on the back of the box.IN the case of a parent buying GTA: San Andreas For Little Timmy (read10-11 yrs old) They explicitly must state they have been forewarned of the content. That way they can't claim later they "Had no idea what was in the game. Sorry but you WERE ,says so right here, signed, dated by you. Foget fines and laws, if you aren't at least 17 years of age you simply don't get to buy an M rated game unless a parent allows it. Don't like it ? tough. They enforce it with movies why not with games? Games would stop getting so much negative light if they implemented even some of this willingly. Either way at the very least the rating system should be enforced.

  • PrivateJessard

    Posted Jun 18, 2006 3:36 pm PT

    GO ESA!!!!!!! ( whatever that is.)

  • AlexandriaZ

    Posted Jun 18, 2006 3:36 pm PT

    How Ironic, fighting a special interest group with your own special interest group.

    Go big corportations, take down the little man.

  • PrivateJessard

    Posted Jun 18, 2006 3:34 pm PT

    Go ESA!!!!! I don't even understand this nerd talk, but anyway, go ESA!!!!!!! (whatever that is.)

  • The_SSun

    Posted Jun 18, 2006 2:57 pm PT

    I haven't seen a game box in recent times that didn't state what the game was rated and why on the back. The problem is most parents either consider games a "child's toy"(Which leads to uneducated choices) or are too lazy to watch what their kids buy.

    Laws like these might stop some minors from getting their hands on games like GTA but it won't solve the real problem. Parents will still buy them for their kids without knowing what they're buying. Laws like these make the problem worse. If they don't worry what their kid(s) buys now what good will making a law that takes even more responsibility off of the parents do? Not much in the long run.

    Parents need to stop looking for scape goats and start educating themselves on their child's activities. No difference between a parent learning about a sport their kid is involved in and learning about games if their child happens to be into that.

    And I say this as a parent.

  • ZoSo1975

    Posted Jun 18, 2006 2:53 pm PT

    Strike this down, like the other rubbish before it. Parents, educate yourselves about the ratings system and game content. Elected officials: stop trying to pass legislation just to make yourselves feel better and further political agends you won't even care about once the cameras are turned off and the microphones put away afterward. There are SO MANY resources about games, from sites like this to the game box itself, that blindly purchasing something without checking out the content first is inexcusable.

    As for the "go to the ESRB site" message, I have yet to see a game that was rated above an E that had that message. if there was content within such a title worth noting, the box would have said so.

  • jimbo102671

    Posted Jun 18, 2006 2:34 pm PT

    Good point, The_SSun. This is an election year, after all.
    And the politicians always try to tackle a "hot topic" to get the vote.

    I agree also about the label. Some game boxes state to go to the ESRB's website for info regarding what's in the game. The game will have been purchased by then so it's too late in that regard.
    Plus, the artwork on the front and screenshots on the back of all game boxes should (at least) give a partial idea of what the game is about.

    In the end, it's all about making informed decisions. If we don't like what's in a particular game, we don't have to buy it, for ourselves or our kids. It's just that simple.

  • The_SSun

    Posted Jun 18, 2006 2:17 pm PT

    GTA:SA has everything that scares/upsets/offends most parents in it. Makes it an easy target. Ya know they should really put a label on the box saying what's in the game. That would help,I mean no one is going to buy something for their kid without looking at it first right...?

  • gameman9

    Posted Jun 18, 2006 2:14 pm PT

    Fight the man!

  • jimbo102671

    Posted Jun 18, 2006 2:11 pm PT

    Plus, It seems that they tend to single out ONE GAME for their so-called "justification" for such legislation (such as Grand Theft Auto: San Andreas).

    I can't honestly say wether it's obscene or not since I've never actually tried the game out myself (besides, it'd be just my opinion anyway). Who do these politicians think they are to say that something's obscene without trying it out as a whole themselves?

  • The_SSun

    Posted Jun 18, 2006 2:05 pm PT

    Why don't these politicians quit this subjective BS and focus on some REAL problems?

    For the same reason they didn't in 50's,60's,70's,80's,and 90's with all the other issues that were blamed on society's ills.

    It looks better come election time to say "Hey I voted to protect you and yours." then say "Parents...do your damn job."

  • Rev06

    Posted Jun 18, 2006 1:51 pm PT

    Hooray. Support of the First Amendment rocks.

  • jimbo102671

    Posted Jun 18, 2006 1:47 pm PT

    The problem with all such "laws" is that "obscenity" is a subjective term.

    "...obscenity, rather than being defined in terms of some objective, internal qualities, is defined entirely in terms of how we react to it."
    Quoted from:
    http://www.spectacle.org/296/obscene.html

    Why don't these politicians quit this subjective BS and focus on some REAL problems? (In fact, Louisiana STILL has a 9 1/2 month old hurricane mess to deal with.)

  • Killagorilla27

    Posted Jun 18, 2006 1:46 pm PT

    yeah! ESA pwnage!

  • The_SSun

    Posted Jun 18, 2006 1:33 pm PT

    This issue isn't really as politically divided as some of you are making it out to be. If you look at the different states that have tried to pass these kind of laws-Both sides have proposed these kind of Bills,both sides have voted for them((IIRC this bill was sent to the Gov with 100% backing from the state House/Senate),both sides have signed them. It's a generational issue more then anything else. Video Games are this generation's "evil" or "Will someone please think of the children!" issue. No matter what letter they place in front of their name most politicians vote for these bills.

    The courts have done their jobs,up to this point,and tossed these things to the side. This one will mostly add to the stack that have all ready been shot down.

  • Murad1

    Posted Jun 18, 2006 12:56 pm PT

    Yeah it is the people from the old conservative bible belt that try to control what we do.Liberal suck too.I hope that ESA will win this one.

  • chrisdojo

    Posted Jun 18, 2006 12:08 pm PT

    lol here we go......

  • Haloissosweet_

    Posted Jun 18, 2006 11:46 am PT

    I always hated our gov. anyway

  • mythrol

    Posted Jun 18, 2006 11:32 am PT

    It shames to be a citizen of Louisiana. What our "governor" needs to be worrying about is taking care of that mess in New Orleans , not video games.

  • buzzguy

    Posted Jun 18, 2006 10:41 am PT

    BTW the ESA isn't out to fight for your rights...they're fighting for more game sales. Let's face it, the industry is only interested in the bottom line, not if it's constitutional for you 12 years olds to buy San Andreas.

  • lordoverallbaby

    Posted Jun 18, 2006 10:08 am PT

    ahhhh its good to see hard earned tax dollars at work! next up, more tax dollars wasted on the court fight to get this "law" struck down. awesome. hillary where are you?

  • 666SolidSnake

    Posted Jun 18, 2006 9:58 am PT

    I agree Liberals are pretty stupid.

advertisement

Hot Stories

Newsmakers

Featured Stories

Submit News

Got tips? Send them in!

Recent News

See All News »

Site Blogs