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Friday, October 7th, 2005

    Time Event
    11:45a
    Schwarzenegger Will Sign Video Games Bill Today

    GamePolitics has learned that Gov. Arnold Schwarzenegger will sign California's video game legislation into law later today. This information is based on GP's conversation with a source who is well-connected in California politics.

    Adding credence to the information is the Governor's official schedule for today, which reads as follows:

    "Governor Schwarzenegger will make brief remarks and sign legislation to protect children. "

    Media have been invited to set up for the event at 11:45 PST.

    4:31p
    Dateline California: Leland Yee Press Release

    The following are excerpts from a press release issued moments ago by Assembly Speaker pro Tem Leland Yee (D-SF), the architect of California's new video game law:

    Governor Arnold Schwarzenegger today signed legislation authored by Assembly Speaker pro Tem Leland Yee to prohibit the sale of extremely violent video games to children, making the nation's most populous state and home to the $31 billion video game industry, the latest to pass such a bill.

    "By signing this commonsense bill into law, the Governor joined our medical professionals and our parents in putting our children's best interests first," said Speaker pro Tem Yee. "Although the Governor and I don't always agree, we are both fathers and understand the importance of raising healthy kids. California parents will now have a vital tool in helping them raise their children."

    Specifically, Assembly Bill (AB) 1179 will end the sale and rental of violent video games that depict serious injury to human beings in a manner that is especially heinous, atrocious, or cruel, to persons who are under 18 years of age. Retailers who violate the act will be liable in an amount up to $1,000 for each violation.

    ...In recent weeks, national political leaders had called on Schwarzenegger to sign AB 1179, including U.S. Senator Joe Lieberman (D-CT), U.S. Senator Charles Schumer (D-NY), and Illinois Governor Rod Blogojevich (D-IL), as well as statewide leaders including Lieutenant Governor Cruz Bustamante (D-Elk Grove), State Treasurer Phil Angelides (D-Sacramento), and State Controller Steve Westly (D-Menlo Park).

    ...In addition to disagreeing with most medical experts on the harmful effects ultra-violent games have on kids, the video game industry has also claimed AB 1179 is unconstitutional. However, many 1st Amendment law experts have testified in support of Yee's bill saying the bill is narrowly tailored to pass constitutional challenges.

    "The fact that some prior court has said there is insufficient science to suggest harm to kids becomes less relevant as time passes, as brain science and psychological data has significantly changed, said Kevin Saunders, Michigan State Constitutional Law professor. "Just this year, the Supreme Court ruled in Roper v. Simmons, the child death penalty case, that children are different in the eyes of the law due to brain development.

    ...The State Assembly earlier passed AB 1179 on a 66-7 vote and the Senate approved the bill on a 22-9 vote. AB 1179 will officially become law on January 1, 2006.

    5:00p
    Conflict Looms in California: Video Game Industry Responds to Law

    Just in from ESA President Doug Lowenstein, on behalf of video game publishers:

    "We are disappointed that politicians of both parties chose to toss overboard the First Amendment and free artistic and creative expression in favor of political expediency. AB 1179 is punitive against retailers, will waste limited taxpayer dollars, and when it is struck down by the courts, as has been the fate of similar statutes, parents will be no better off for this effort to damage one of the state's fastest growing and most exciting industries that is providing some of the most compelling entertainment in the world today.

    "ESA intends to file a lawsuit to strike this law down and we are confident that we will prevail.
    "

    UPDATE: 5:39 EST - The Video Software Dealers Association (VSDA) have announced that they will join with the ESA in challenging the California video game bill signed into law earlier today.

    "Not only is A.B. 1179 a clear violation of the First Amendment, but it provides no meaningful standards to know which materials are covered," said VSDA President Bo Andersen.

    "Under A.B. 1179, juries would be called on to decide, on a case-by-case basis, whether a particular video game meets the definition of a 'violent video game'...One jury may find that a particular game is a violent video game, and another jury may find that it is not. Thus, no one could ever know with certainty whether a particular game would be found to be a violent video game."

    Here is the complete text of the VSDA press release.

    5:49p
    California Aftershock - What Arnold Said

    For all the uproar he caused in the video game business this afternoon, the Governator didn't really have much to say.

    The following statement was issued by Arnold Schwarzenegger today after he signed the state's new video game law along with several other bills related to child protection measures.

    "Today I signed legislation to ensure parent involvement in determining which video games are appropriate for their children. The bill I signed will require that violent video games be clearly labeled and not be sold to children under 18 years old. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents."

    "I also signed into law legislation that will improve foster care services, guard kids from the dangers of steroid use, protect children and everyone from accidental fires by requiring cigarette manufacturers to change the way they make their products, improve the adoption process in California and save babies from neglect and abuse. It is very important to continue putting our children first and doing everything we can to protect their well-being."


    The full text of the Guv's press release is here.

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