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ESA, EMA sue Oklahoma

Industry trade groups file suit to have game law overturned, accuse legislators of passing unconstitutional law.

The Entertainment Software Association and the Entertainment Merchants Association on Friday filed suit in Oklahoma to have the state's recently adopted violent-gaming law overturned.

Oklahoma's HB3004, which was signed into law earlier this month and takes effect in November, revises the state's definition of what is harmful to minors to include games with "inappropriate violence." Under the law, no person, not even minors' parents or guardians, would be allowed to give or show them an inappropriately violent game. Retailers would also not be able to have such games on display where minors could see them, unless the lower two-thirds of the boxes were hidden behind "blinder racks," of the sort commonly used for sexually explicit magazines.

Where previous legislation has caused the ESA to express "deep disappointment" in legislators' actions when it files suit, HB3004 drew stronger words from ESA president Douglas Lowenstein.

"Legislators have sold parents a bill of goods for political expediency," Lowenstein said in a statement. "They know the bill will be struck down, they know it's based on bad science, and they know it won't help parents do their jobs. What they won't tell voters: We just picked your pocket to the tune of a half-million dollars, the amount the state will have to reimburse the ESA after the inevitable decision is made to strike down the law."

In the ESA's statement about the suit, EMA president Bo Andersen offered his own objections to the law, saying its criteria for what constitutes "inappropriate violence" are too vague.

"No retail clerk should suffer the ignominy of a criminal record where no reasonable person could determine whether a particular video game may legally be sold or rented to a minor," Andersen said.

53 Comments

  • Rec-neps

    Posted Jul 27, 2006 12:41 pm GMT

    I don't understand why Oklahoma is getting serious about thsi issue. Parents should have the power to say yes or no to what their children play. Those law is just going to bring up problems itself. Now parents are going to be ordering games over internet and just make more money to people on ebay and not the game stores in Oklahoma. It is going to hurt the main game stores, because mostly their is many teenagers that play the m-rated games and with losing these customors then it will be a big loss.

  • RollMaster

    Posted Jul 4, 2006 11:29 pm GMT

    szindragon=my hero

  • Tecmolover173

    Posted Jun 28, 2006 8:31 am GMT

    This is stupid becuase i live in oklahoma and i'm under 18 years old and i have M rated games and they don't say nothing when people who are under 18. And ESA should back off they are always trying to put games for the right age but hey they are still keep on buying Rated M games regardless if they like it or not.

  • pyth0n13

    Posted Jun 27, 2006 9:29 pm GMT

    yea ESA and EMA!!! take down the oppressors!!!!

  • Tw0_Fac3_226

    Posted Jun 27, 2006 1:29 pm GMT

    they only see the violent part of games and not everything else. not all game are violent or as violent as they make it out to be. they dont understand.

  • ClayMeow

    Posted Jun 27, 2006 10:45 am GMT

    If I saw one of these lawmakers and I punched him in the face, would that constitute "inappropriate violence"? Seems justified to me.

    Please, if you're of age to vote in the next U.S. election, do NOT vote for Hilary, or you'll get even more crap like this. I'm from NY...I know firsthand that she's done absolutely nothing for the state, or he country.

  • szindragon

    Posted Jun 27, 2006 9:38 am GMT

    Maybe when parents start actually paying attention to what their child is doing, that I'll give a s#$t about their kids playing these games. It's like when I was working at Game Stop not too long ago...

    Mother - "How could you sell us this game? He's not old enough to play it!"

    Me - "Ma'am, you payed for the game. We assumed you knew about the content, and that you wouldn't just buy a game for your child that you knew nothing about."

    Mother - "How was I suppose to know?"

    Me - "Well, the rating for this game is M for Mature. See, there's a little M right there. Also, the name of the game is Grand Theft Auto. Ma'am, in case you are unaware, that is a crime. I don't know what else you thought the game could be about?"

    Mother - "I don't like your attitude young man! Can I speak with your manager?"

    Me - "Sure. Hey George... Yeah, she has a problem for you to solve. I'll be in the back shrinkwrapping PS2 games!"

    Epilogue - My manager punished me by sending me to Wendy's to get us both lunch. His treat.

    The point is that parents should know what their kid is watching or playing. Plus, I don't see how this law is going to stop Oklahoma parents from buying these games. They don't have to say it's for the child. Also, what about online shopping? Regardless, it's a ridiculous law and will most likely be defeated.

  • princeofgames90

    Posted Jun 27, 2006 4:21 am GMT

    wtf is this its getting wors and wors why do these gays hate games and if they hate let us play them in peece this is bad

  • Jerrymiru

    Posted Jun 26, 2006 7:47 pm GMT

    It's sad to see that the law makers don't seem to have anything better to do but this. But I'm SUPER glad to see that at least we have a group on our side to try to straighten them out.

  • rynmls

    Posted Jun 26, 2006 7:46 pm GMT

    will they stop this nonsense making laws for games....

  • bcfish

    Posted Jun 26, 2006 5:44 pm GMT

    Why does all this mudslinging remind me of an episode of Jerry Springer? Oh well, Oklahoma is clearly out of line, and the citizens of Oklahoma are really the ones who are going to lose. That makes me sad.

  • comthitnuong

    Posted Jun 26, 2006 5:06 pm GMT

    thats what happens when game bills come out

  • gamer_10001

    Posted Jun 26, 2006 4:31 pm GMT

    They're trying to tell parents what they can and can't give their kids now.
    It'll be overturned very quickly.

  • jimbo102671

    Posted Jun 26, 2006 4:12 pm GMT

    GS article above:
    "Under the law, no person, not even minors' parents or guardians, would be allowed to give or show them an inappropriately violent game."

    No person allowed to show them? This will also affect gaming web sites, including but not limited to GameSpot.

    This kind of legislation would require these sites to censor their content and/or require age verification for its users in Oklahoma.

    Clearly, this statewide bill WILL have nationwide impact. Yet another reason why this bill should be tossed like many such bills before.

  • daqua_99

    Posted Jun 26, 2006 4:04 pm GMT

    Why not have a video game banning law?!? It doesn't harm here in Australia. All you have is about 5% of games can only be brought by people 15 years and over.

  • Inv_Machine

    Posted Jun 26, 2006 3:50 pm GMT

    Took them long enough to file suit against Oklahoma. Still, like I said before, this is not the way to combat the problem. Instead of passing legislature, these state governments need to influence the public about M-rated games. At least that way, there would be little or no negative reactions.

    Guys, we gotta write to our congressmen. Tell them that instead of passing ridiculous bills into law, they should inform citizens and families about M-rated games and leave it up to them to protect their children.

  • jimbo102671

    Posted Jun 26, 2006 3:49 pm GMT

    Another problem that this piece of **** bill has is, how would they know if such game has already been given to the minor, before the bill's enforcement? This problem creates an "ex post facto" (effectively meaning "after the fact") situation.

    Last time I checked, "ex post facto" laws can NOT be passed by ANY governing body in the States, so Oklahoma not only passes an unconstitutional bill, but by doing so can potentially be in direct violation of the Constitution.

  • darkfox101

    Posted Jun 26, 2006 3:27 pm GMT

    damn well to far.. telling us what to do now? Thats not america.. these plp need help

  • jimbo102671

    Posted Jun 26, 2006 3:26 pm GMT

    To call this bill "a bunch of bull" is to insult all bulls in the world!

    "Inappropriate violence?" They should know by now that "inappropriate" is a very subjective term.

    The government has better things to do than this! How the voting public puts up with any of this is way beyond me.

  • Legendaryscmt

    Posted Jun 26, 2006 3:25 pm GMT

    F%&# this, I'm moving to Japan.

  • starfoxmcleoud

    Posted Jun 26, 2006 3:15 pm GMT

    Well, it's simple. Responsible parents should know what is right for their children or not. And desensitising them doesn't help either. Second, it's the retailer's responsibility to let the parent know what's in the game before they sell it. Not only that, they have to deny the sale to a minor or a brother, sister, or friend trying to buy the game for a minor. And i've been given many thanks by parents for taking the time to explain what kind of violence and profanity is in a game before they hand over the money.

  • UltimaCloudX

    Posted Jun 26, 2006 3:11 pm GMT

    There will always be dictators trying to rule and enforce something.... -_-

  • skyvader

    Posted Jun 26, 2006 2:39 pm GMT

    It should be up to the retailers themselves to dictate who they can and can not sell violent games to. Just as it is the responsibility of the parents to monitor the games their children play. this law just absolves parents and retailers from doing just that. The country is getting lazier and lazier and because of the lack of personal responsibility it is why the govt is having to step in and do something. Why should it take a law like this to make adults and gamers take notice that there may really be a problem with violence in video games?

  • keinuveye

    Posted Jun 26, 2006 2:34 pm GMT


    bliechty
    We should dig up the founding fathers, fill their corpses with aligned neodymium magnets, and flank the graves with copper plates attached to high tension wires. Then we could use their rolling over in their graves to generate enough AC current to play ultraviolent games for free.

    ___________________________________________

    nuff said.

  • kosanv2

    Posted Jun 26, 2006 2:21 pm GMT

    I live in Oklahoma, and I'm under 18. I have been playing M rated game since the first grade (Mortal Kombat , Sega Gen.) , have never done anything violent, and I have no problems with anger or the such. Why? Because my parents made sure that I knew what was real and fake and acceptable behavior in society.

    It is the parent's responsibility to raise their kids, not what a bunch of ignorant people in congress think. It's time parents stop standing on the sideline of their kid's lives and be a freaking parent!

  • ZeroGravX

    Posted Jun 26, 2006 2:02 pm GMT

    It all just needs to stop, who cares about rights and who's offending who. It all boils down to the crappy parents who can't teach their kids from right and wrong, then let them play video games all day just so they don't have to watch their own damn kids :mad:

  • HuxleyHobbes

    Posted Jun 26, 2006 1:25 pm GMT

    Funny thing, I always thought the judge of what was harmful to your kids was you.

    Guess the government knows better, eh?

  • Poltergeist13

    Posted Jun 26, 2006 12:59 pm GMT

    It's rubbish.

  • K1LLSWITCH

    Posted Jun 26, 2006 12:41 pm GMT

    I'm glad there is an organization protecting, not only our freedom, but also our rights as citizans of the United States, to play or purchase video games. It's ridiculous that these politicians ignore the rating of the game, printed right onto the box. What is "inappropriate" and "harmful" are these politicians, clearly using video games as political leverage to get their way in the voting booths.

    Maybe I should go to college and educate myself on how to steal money from other states by banning the most stupidest, ridiculous, moronic issues such as deeming video games "inappropriate" and "harmful to minors."

  • squarephreak

    Posted Jun 26, 2006 12:40 pm GMT

    Man, I'm so tired of hearing about this drivel. Not that it's not important to know, but I wish the legislators would give us a break already.

  • bart3215

    Posted Jun 26, 2006 12:34 pm GMT

    Stop wasting money.

  • AlexJ-

    Posted Jun 26, 2006 12:22 pm GMT

    I don't live in Oklahoma, but I still hope the law is overturned. It's just stupid, and since it's meant to dealt with "inappropriate" video games, the people don't realize they're, in a sense, being told they aren't allowed to purchase their child a desired video game, whether the parent cares or not.

  • Zanoh

    Posted Jun 26, 2006 12:16 pm GMT

    They have to follow what ESA approves. They have to work on this type of stuff togethe rinstead of being idiots and posting a new law when laws similar to that have been banned and called unconstitutional. Seriously we are losing our freedoms every year.

  • syxpack

    Posted Jun 26, 2006 12:09 pm GMT

    Why is the ratings system not enough for the government. At least write a bill with the ratings system in mind.

    All these "if someone doesn't feel good about it, it is bad'" laws are such a farce.

    Mario Jumping on goomba's could be considered too violent to some. So does that throw Mario Bros. behind the blinder rack?...

    Only if some politically correct person is browsing in a game store and catches a clerk selling Mario Bros. to a youngen.

  • Miltonelite

    Posted Jun 26, 2006 12:01 pm GMT

    Hmm... can't wait til '08 when the presidential candidates start accusing one another of playing unwholesome games. lol "yes I played GTA... But i didn't inhale!"

  • bliechty

    Posted Jun 26, 2006 11:56 am GMT

    We should dig up the founding fathers, fill their corpses with aligned neodymium magnets, and flank the graves with copper plates attached to high tension wires. Then we could use their rolling over in their graves to generate enough AC current to play ultraviolent games for free.

  • SNKrock

    Posted Jun 26, 2006 11:49 am GMT

    why am i reading about this kinda stuff every monday?!

    honestly, those kids dont need to be playing those type of games under any circumstances, true, but it seems impossible to make it illegal. Next thing up on the news is that the ATF is gonna start enforcing these laws...

  • Amnennar

    Posted Jun 26, 2006 11:42 am GMT

    Something like this is VERY unconstitutional. Who does the government think they are, telling parents they can't let their OWN children play or see a game they want to buy for them or play with them?

    Seriously, something like this isn't gonna hold water, people are going to retaliate. I woulnd't be surpsrised if people jumped state.
    Not to mention I doubt a lot of people would even consider the law and abide by it, since, it IS not very fair.

  • NeoJedi

    Posted Jun 26, 2006 11:33 am GMT

    This law will be overturned for sure, because it is unconstitutionnal to it's fullest extent.

  • dude_12

    Posted Jun 26, 2006 11:29 am GMT

    if this is over the whole thing about "underage" buying of video games then it isnt unconstitutional B/C children under 18 dont have any rights under the constitution

    BUT i still say its nit picky to make a law like this seeing as its the parents responability to take care of their children

  • nuttabutta

    Posted Jun 26, 2006 11:13 am GMT

    you cant control what people can show to their child...its a violation of the 1st frickin amendment! ooh, our forefathers are rolling in their graves

  • justiceboy13

    Posted Jun 26, 2006 11:04 am GMT

    w00t. ESA ftw!

  • ReyWing

    Posted Jun 26, 2006 10:58 am GMT

    $500,000!!!!!!! That's enough to feed hundreds of starving children and families, it's not even funny.

  • sootybuttercup2

    Posted Jun 26, 2006 10:51 am GMT

    If we can just get past this generation of politicians etc. then we can get someone of a younger generation who would not bother with this crap.

  • anamnawshad

    Posted Jun 26, 2006 10:49 am GMT

    W00t for the Americans!

  • roadrunner1178

    Posted Jun 26, 2006 10:49 am GMT

    I can see punishing retailers for selling mature games to minors, but not punishing parents.

  • blackIceJoe

    Posted Jun 26, 2006 10:45 am GMT

    I hope it does get over turned if not what is next for the US we do not want to be a slave country telling us what we can do watch even what we have to learn that is why we { family's centuries ago } came to America for a free life.If this really does get passed what is next America not a free country where we can say what ever we want.I know it could get worse the US over time.So if this does end up as a law we will see more things taken away from us.So even though this does not affect me in time it will because worse things will happen because of how easily this got passed.

  • SpiderFreak

    Posted Jun 26, 2006 10:45 am GMT

    Yeah, once you start saying even a child's own PARENTS cannot let them play a game, then you're completely crossing the line. Eventually, with thinking like this, we won't have parents. As soon as a baby is born, it will be given to the government as slaves and will work to make money for Hillary Clinton.

    SF

  • Maui00

    Posted Jun 26, 2006 10:34 am GMT

    Lets go ESA!

  • Danthegamingman

    Posted Jun 26, 2006 10:32 am GMT

    Under the law, no person, not even minors' parents or guardians, would be allowed to give or show them an inappropriately violent game.

    So are they now trying to tell parents what they can or can't let their child watch in the privacy of their own home. I have long stated we have to many lawyers and politicians in the US. I see another revolution in the future. Sooner rather than later.

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