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Software Louisiana to Pay ESA Over Legal Fees From Unconstitutional Game Law
Michael Hoffman (Blog) - April 16, 2007 6:46 PM

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18 comment(s) - last by The Great Matt.. on Apr 20 at 2:01 PM

Louisiana must pay legal fees back to the ESA stemming from a defunct gaming bill

The Entertainment Software Association (ESA) has announced that the U.S. District Court for the Middle District of Louisiana is forcing the state of Louisiana to pay $91,000 for legal fees that the game industry trade group incurred while attempting to overturn a controversial gaming bill.

HB 1381, drafted with the assistance of Jack Thomson, was first passed in June 2006. The bill would have forced employees who were caught selling games to minors to pay fines ranging from $100 up to $2,000, along with a possible prison sentence up to one year.

"This court is dumbfounded that the Attorney General and the State are in the position of having to pay taxpayer money as attorney's fees and costs in this lawsuit," said Honorable James Brady of the Middle District of Louisiana.

Judge Brady issued a block against the controversial bill immediately after it was passed. The bill was later deemed unconstitutional by Brady in November 2006.

Lawmakers have attempted to stop minors from being able to purchase and play violent video games a number of times in the past several years. The ESA has previously said it is willing to work with legislators and parents' groups when it comes to educating them about video game content and the ESA's game rating system. The ESA has mentioned this is the ninth time in seven years that a type of violent gaming bill has been turned down.

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I'm just dumbfounded...

By redbone75 on 4/17/2007 2:02:02 AM , Rating: 3

That there are ratings for all videogames sold today and yet parents continue to protest about the content in games. Who exactly is buying games for these kids? It's like me taking my ten year old niece to an R-rated movie and then complaining about the nudity and adult situations in it. We need a bill passed that will fine parents for gross stupidity.

RE: I'm just dumbfounded...

By DigitalFreak on 4/17/2007 8:46:24 AM , Rating: 2

Sterilization FTW!

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RE: I'm just dumbfounded...

By nerdboy on 4/17/2007 10:20:11 AM , Rating: 2

Yeah I remember when I went to see Team America, there was a parent that brought all there little kids to see it. Same with 300, that movie was brutal.

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RE: I'm just dumbfounded...

By kattanna on 4/17/2007 11:15:33 AM , Rating: 2

quote:
GOD bless america..and no one else

that was the funniest line from the whole flick

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RE: I'm just dumbfounded...

By CascadingDarkness on 4/17/2007 2:33:00 PM , Rating: 2

It's total bull. I know I'm not the only one who gets carded everytime I buy an M+ Rated game at the local department store. And I just turned 23!

That sad statement aside, I think todays ratings are more than good enough, and finding a retailer that will sell to children is rare.

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RE: I'm just dumbfounded...

By The Great Matt on 4/20/2007 2:01:19 PM , Rating: 2

Well you must not live in Louisiana...because I've been buying M rated games since I was about 17 and havent been "carded" once. The point of the bill isn't that its bad to sell to minors, its the fact that retailers rarely card period!

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RE: I'm just dumbfounded...

By Christopher1 on 4/17/2007 3:01:12 PM , Rating: 3

Frankly, parents need to stop whining about the 'violence in games'. I know MANY people who have played games like Doom 3 and Prey from the time they were six or less, and they are LESS violent than other people because their parents told them that violence in real life is unacceptable and WRONG, period and done with.

Too many other parents tell their children that there are some circumstances were violence is acceptable, like in the military or as a police officer. I told my children the violence that those two organizations do is NOT acceptable and not usually necessary.

They got the message, and are very non-violent, even pacifistic like myself.

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RE: I'm just dumbfounded...

By TomZ on 4/17/2007 10:28:48 PM , Rating: 2

The reality is that most kids who have good parenting and are otherwise stable can probably play violent video games without any harm. But the problem is violent video games (and movies, etc.) can have an effect on kids that maybe do not have the best situation at home or are otherwise unstable. So it really depends on the kids in question.

Put another way, our exposure of kids to violent content does have an overall negative effect. Although it may not show up in all individuals, when you look across the society as a whole, you can easily see its affects. You only need to look at the news today to see what is probably a sad example of this.

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Unconstitutional?

By Transcendental Ego on 4/16/2007 11:36:09 PM , Rating: 2

quote:
The bill would have forced employees who were caught selling games to minors to pay fines ranging from $100 up to $2,000, along with a possible prison sentence up to one year.

quote:
The bill was later deemed unconstitutional by Brady in November 2006.

Maybe a little harsh but how is this unconstitutional

RE: Unconstitutional?

By Dactyl on 4/17/2007 12:02:01 AM , Rating: 3

The First Amendment.

Messages like "violence is a way to solve problems" are just as much political statements as "violence is not a way to solve problems."

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RE: Unconstitutional?

By masher2

(blog) on 4/17/2007 7:58:07 AM , Rating: 5

If only the Second, Ninth, and Tenth Amendments received as much attention and respect as does the First...

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RE: Unconstitutional?

By rushfan2006 on 4/17/2007 11:20:53 AM , Rating: 2

quote:
If only the Second, Ninth, and Tenth Amendments received as much attention and respect as does the First...

Wait a minute!!! Hold the phone......there's more than one amendment? .........son of a bitch.........gotta go - need to call my lawyer.....;)

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Full quote

By themadmilkman on 4/17/2007 1:37:34 AM , Rating: 5

The 3rd paragraph makes more sense if you include the rest of the quote.

quote:
“This Court is dumbfounded that the Attorney General and the State are in the position of having to pay taxpayer money as attorney’s fees and costs in this lawsuit,” wrote the Honorable James J. Brady of the Middle District of Louisiana in his ruling on the plaintiffs’ motion for attorney’s fees and costs. “The Court wonders why nobody objected to the enactment of this statute. In this court’s view, the taxpayers deserve more from their elected officials.”

Basically, the judge is saying that the legislature shouldn't have enacted a statute that was so blatantly unconstitutional, and how their actions, AND the lawsuit that followed, are a waste of taxpayer money. I tend to agree.

RE: Full quote

By GlassHouse69 on 4/17/2007 2:28:04 AM , Rating: 2

its amazing that the court was modern, wise and defending of the constitution. normally, they just string em up down there and eat some grits. I have to say though that grits are quite good.

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RE: Full quote

By Christopher1 on 4/17/2007 3:03:22 PM , Rating: 2

Well, courts down south are MORE likely actually to come down on the side of the First Amendment than judges up north, the 'liberal' judge thing that happens on ANYTHING connected to violence, liberal judges are more likely to disregard the law and just do what the f*** they feel like doing.

That's one thing I have to give conservative judges: they read the law AS IT IS WRITTEN, and do not inject their own views of the law into their reading of the law on most occasions.

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