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State Of Minnesota Sued Over Video Game Law
The Entertainment Software Association (ESA), a trade group representing the video game industry, sued the state of Minnesota on Tuesday to overturn a new law that would fine children for buying or renting mature or adults-only games. The suit filed in Minnesota Federal District Court, argues that the bill attempts to substitute governmental judgment for parental supervision. Under the terms of the law, a $25 fine is imposed on anyone under the age of 17 who buys or rents a videogame rated “M” (Mature) or “AO” (Adults Only).
ESA president Doug Lowenstein stated their position, "The state is attempting to impose liability on children because they know that courts have consistently held that they cannot penalize retailers. We believe that the courts will agree that fining children violates the First Amendment as well." The ESA is seeking a preliminary injunction to prevent the statute from taking effect on August 1, 2006.
The ESA has successfully convinced courts to strike down six similar bills in the past five years, usually by arguing that the prohibitions on certain video games were unconstitutional and violated the First Amendment, most recently in Michigan (see the April 20, 2006 edition of LOC for additional information).
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