Minnesota Video Game Bill Signed Into Law – ESA to Fight It

Minnesota’s new video game law provides a twist, in that it fines those under 17, $25 for purchasing or renting Mature and Adults Only rated games. Unlike laws from other States that failed to pass Constitutional-muster, it doesn’t punish retailers for selling or renting to minors, but it does require retailers to post a sign notifying customers of the fine. The law goes into effect on August 1, 2006. As usual, the ink wasn’t dry before the ESA vowed to fight it.

Sources: Gamasutra | GameSpot | Next Generation | GamePolitics.com | GameSpy | GameDaily.biz | Joystiq | 1Up.com | Team Xbox
ESA to Fight: Gamasutra | Next Generation | GamePolitics.com | GameDaily.biz | GameIndustry.biz

Text of Bill:

S.F. No. 785, 2nd Engrossment – 84th Legislative Session (2005-2006) Posted on May 22, 2006

A bill for an act relating to crime prevention; prohibiting children under the age of 17 from renting or purchasing certain video games; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 325I.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:Section 1. RESTRICTED VIDEO GAMES; PROHIBITIONS.

Subd. 1. Definition. As used in this section, “restricted video game” means a video game rated AO or M by the Entertainment Software Rating Board.

Subd. 2.Prohibited acts; penalty. A person under the age of 17 may not knowingly rent or purchase a restricted video game. A person who violates this subdivision is subject to a civil penalty of not more than $25.

Subd. 3. Posted sign required. A person or entity engaged in the retail business of selling or renting video games from a location or structure with access to the public shall post a sign in a location that is clearly visible to consumers. The sign must display the following language in 30-point font or larger: “A person under the age of 17 is prohibited from renting or purchasing a video game rated AO or M. Violators may be subject to a $25 penalty.”

EFFECTIVE DATE. This section is effective August 1, 2006, and applies to violations committed on or after that date.

Dale’s Comment: Imagine a police officer writing-up a ticket to a 13-year-old violator? “May I see your library card and hall-pass please?” Or better yet, an eight-year-old in night court challenging the fine!? Please Mr. Judge, I thought the video game “Hot Coffee” was a beverage preparation tutorial. How would a child go about paying the fine, with their credit card or check book? Perhaps the police will garnish their allowance for the next 6 months. 😉

GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law

Michigan Game Law Permanently Blocked

Text of ESA v. Michigan Permanent Injunction
Text of Michigan Violent Games Law
Following the Illinois District Court’s Dec. 2, 2005 ruling, Judge George Caram Steeh, U.S. District Court, Eastern District of Michigan granted the ESA’s motion for summary judgment and handed down a permanent injunction against the state’s Violent Games Law, which was signed into law by Michigan Gov. Jennifer Granholm, ruling it unconstitutional under the First and Fourteenth Amendment. Contrary to the state’s claims, the judge ruled that the state failed to effectively exhibit a link between games and violent behavior.

Sources: GameDaily.biz | ESA Press Release | Next Generation | GamePolitics.com | Gamasutra | XBox Advanced | Business Wire | CNet | Joystiq | Xbox Solution | GameIndustry.biz | GameSpot | ars technica | New York Law Journal | MSNBC | Joystiq | L.A. Times | Detroit Free Press | Inquirer

GamePolitics Full Coverage Of Michigan’s Violent Video Game Law

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Regulating Youth Access to Violent Video Games: Three Responses to First Amendment Concerns

(first published October 2, 2003)
Text of Paper
Abstract: Recent efforts to limit the access of children to violent video games have faced legal challenge under the First Amendment. This article presents three theories that may provide defenses to constitutional challenges. The evidence of harmful effects is examined to argue that limitations may meet strict scrutiny. The theory that violence may fit within harmful to minors statutes ordinarily directed at pornography is also presented. Lastly, the argument that video game play is not expression protected by the amendment is explored.”.
Source: by Kevin W. Saunders

ESA Seeks Legal Cost from Illinois Game Bill Fight

The game industry trade association the Entertainment Software Association has filed a petition in the United States District Court, asking it to order the State of Illinois to pay $644,545 in legal fees, for its unsuccessful effort to enact a law banning the sale of violent video games in the state.

Sources: Gamasutra | GamePolitics.com | Next Generation | Video Business | ars technica | 1Up.com | Business Wire | GameSpot | GameDaily.biz

GamePolitics Full Coverage of Illinois Game Law

Yee, Schwarzenegger Comment On California Injunction

California Assembly Speaker pro tem Leland Yee and a representative of California Governor Arnold Schwarzenegger comment on the preliminary injunction halting the implementation of California’s game restriction law.

Source: Gamasutra

GamePolitics Full Coverage Of California’s Violent Video Game Law

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Judge Halts Implementation Of California Violent Game Bill

Text of VSA v. California Preliminary Injunction
Following on the heals of similar decisions in Illinois and Michigan (see stories on Dec 2 and Nov 9, respectively, below), Northern California District Judge Ronald Whyte handed down a preliminary injunction halting the implementation of California’s Game Restriction Bill (see Oct 7, 2005 story below). The law was set to go into effect as of January 1, 2006.

Sources: Gamespot | Gamasutra | GameDaily.biz | | Forbes | San Jose Mercury News | San Francisco Chronicle | L.A. Times | Reuters | MSN Money | ZDNet | TechNewsWorld | 1Up.com | ABC News | USA Today | CNet

VSDA Comments on Injunction | IEMA Comments on Injunction

GamePolitics Full Coverage Of California’s Violent Video Game Law

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Illinois District Judge Rejects Safe Game Illinois Act

Text of ESA v. Illinois Decision
Text of Rejected Act

In ESA v. Illinois, an Illinois District Court issued a permanent injunction against the implementation of Illinois’ “Safe Game Illinois Act” that implemented two new criminal laws, the Violent Video Games Law and the Sexually Explicit Video Games Law, finding that each violate the First Amendment.

Sources: Gamasutra | MSNBC | Chicago Tribune | CBS News | L.A. Times | Chicago Sun Times | Next Generation | Gamers.com | joystiq | ESA Statement

GamePolitics Full Coverage of Illinois Game Law

Michigan Game Law Temporarily Blocked

Text of Preliminary Injunction
District Court judge prevents ban on sales of violent games to minors from taking effect, says the act is “unlikely to survive strict scrutiny.

Sources: Gamespot | GameDaily.biz | Gamasutra | Next-gen.biz | 1Up.com

GamePolitics Full Coverage Of Michigan’s Violent Video Game Law

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ESA Launches Legal Action against California’s Violent Games Bill

ESA and the Video Software Dealers Association to file a lawsuit protesting against California’s AB1179 bill, restricting the sale of violent games to minors.

Sources: gamesindustry.biz | Gamasutra | Gamespot | VSDA Press Release | IEMA also announces Intent to Fight (joystiq) | Yee, Schwarzenegger Respond

GamePolitics Full Coverage Of California’s Violent Video Game Law

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Schwarzenegger Signs Game-Restriction Bill

Text of Bill
The bill, which comes into force in January 2006, bans the sale or rental of “violent video games” to minors

Sources: Gamespot | Gamasutra | Governor Schwarzenegger’s Press Release
Click Here to Listen to GamePolitic’s October 10, 2005 interview of California Assembly Speaker pro Tem, Leland Yee, about the bill.

GamePolitics Full Coverage Of California’s Violent Video Game Law

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No Complaints About Manitoba’s Video Game Law

Unlike the continuing battles over this issue in the U.S, a new law restricting sales of violent games to minors that went into force on June 1, 2005 is said to be causing no problems in the Canadian province of Manitoba.

Source: Game Politics
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Michigan Governor Signs Violent Games Bill, ESA Files Suit

The Entertainment Software Association, the video game industry trade body, has filed suit against the new Michigan law that makes it illegal to sell or rent violent games to those under 17.

Sources: Gamasutra | Next Generation | ESA Press Release

GamePolitics Full Coverage Of Michigan’s Violent Video Game Law

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