Game Politics ([info]gamepolitics) wrote,
@ 2006-06-16 17:17:00
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Entry tags:bo andersen, doug lowenstein, ema, esa, first amendment, hb1381, legislation, louisiana

Video Game Industry Files Suit to Block Louisiana Law

This just in...

According to an ESA press release the video game industry (ESA & EMA) has filed suit to block implementation of Louisiana's new game violence law. The enabling legislation, HB1381, was signed last evening by Gov. Kathleen Babineaux Blanco (D) after unanimously passing both the Louisiana House and Senate. The law took effect immediately.

"We are confident this bill will be found unconstitutional," said ESA president Doug Lowenstein, "as have similar statutes in other states... Legislators know full well that this bill is destined to meet the same fate as other failed efforts to ban video game sales."

Addressing Louisiana's situation directly, Lowenstein added, "HB 1381 also directly undermines efforts legislators started after enactment of tax credit legislation less than year ago designed to lure video game development and production to Louisiana to generate needed high-paying technology jobs. Signing this bill into law would no doubt hurt the state's economy, essentially hanging up a 'Stay Out of Louisiana' sign on the state's borders for video game companies."

Lowenstein is referring to a tax credit bill passed last year, as reported on GamePolitics.

Echoing Lowenstein's concerns with the new law is Bo Andersen (left), president of Entertainment Merchants Association (EMA), who said, "Despite what the legislature has been told, the Louisiana video game restriction law is not unique - a very similar measure was passed in Michigan and promptly overturned in federal court.

"The Louisiana law suffers from the same constitutional defects as the Michigan law and the five other video game laws that have been enjoined on constitutional grounds. It will meet the same fate, and the taxpayers of Louisiana will end up having to pay for the legislature's reckless gamble."

GP: No word yet about an injunction, so we assume that - at least for now - Louisiana's video game law remains in force.

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...


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This is going to be a legal bloodbath...
[info]sabin_blitz
2006-06-16 09:52 pm UTC (link)
And the prosecution is going to have a field day with this one

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Let the circus begin.
[info]gray17
2006-06-16 10:15 pm UTC (link)
It should be interesting to see how this one plays out.

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[info]never_wakeup
2006-06-16 10:18 pm UTC (link)
The ESA'll take'm down again, predictably. The law's "guidelines" are so ambiguous, including deeming games unfit for youngsters "if an "average person" would consider the game to "appeal to the minor's morbid interest in violence." Morbid interest? Okay.

http://news.gaminghorizon.com/media2/1150477860.4404.html

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[info]udx
2006-06-16 10:44 pm UTC (link)
It was bound to happen

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[info]zewrestler
2006-06-16 11:10 pm UTC (link)
this should be interesting.

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[info]viridiscervus
2006-06-16 11:14 pm UTC (link)
Yeah! Knock my home state's legislature down a notch!

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[info]finaleve
2006-06-16 11:20 pm UTC (link)
Thats kind of rude to do something like this.

"Here's a cookie."
*Kicks where the sun don't shine unless you streak*

...kinda like that.

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[info]kincyr
2006-06-16 11:39 pm UTC (link)
hmm... that didn't take long. I'm gonna have to chalk this one under "Things I could've called"

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OHH JACK
[info]yukimurasanada
2006-06-17 01:08 am UTC (link)
Hey jacky. I did a little write up on your law in my Live journal. Care to Comment? I'm fairly certain you, being the Legal expert you are (Sic) i'm certain you could expand on some of my points.

So, anyone else wanna comment? I think we all pretty much know your bill is Screwed jacky boy, but I'll let the industry deal with that. After all, there unbeaten so far.

Still, it'll be fun to watch.

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Re: OHH JACK
[info]sabin_blitz
2006-06-17 07:43 pm UTC (link)
Think they'll let me bring popcorn to the trial? I promise I'll share. Listen to the Warrior in Red, Jack. The judge is going to find this bill unconstitutional and I predict you'll be back in Coral Gables bawling your eyes out because the big kids said you couldn't play Constitutionball with them on the grounds that you don't know about Rule #1. Oh well. At least we get to deflate you a little bit.

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No surprise, easy win for the industry
[info]beardoggx
2006-06-17 01:24 am UTC (link)
Let the waste of Louisiana's taxpayer money begin, as we get closer and closer to the Gulf of Mexico because the state loses a football field of land in coastal erosion every day.

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[info]animalunb
2006-06-17 04:20 am UTC (link)
At the risk of giving ideas, considering the fact that this law is technically in effect, I wonder how long before someone purposely sends a kid to buy some M rated games and then calls the police on Johnny McMinimumWage at Walmart.

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[info]gamepolitics
2006-06-17 12:24 pm UTC (link)
One would hope that the people on the ground there (i.e. the prosecutors) would take a bit of a wait and see attitude on this, in particular while the legal challenge is worked out.

Of course, the ESA/EMA will be asking for an injunction (if they haven't already, I can't get that clarified so far)... Typically judges will issue a temporary injunction if they think the plaintiff has a case and will suffer harm from the implementation.

This is the first law that went into effect immediately (at least that I can recall) so the timetable for legal challenges needs to step up accordingly.

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[info]animalunb
2006-06-17 04:23 pm UTC (link)
I was actually thinking of a particular Florida attorney who would love to take advantage of this while he can.

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[info]beardoggx
2006-06-18 05:59 pm UTC (link)
I don't know, but it makes you wonder if the law requires the complaintant to be a legal resident of the state.

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you know what?
[info]mrpat___
2006-06-17 04:49 am UTC (link)
For once, I actually want to hear Jack's take on this - I want to hear him rant and rave like a lunatic crybaby, as it will just make this bill getting struck down all the sweeter.

Think you can let him post for this thread only, Dennis?

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Re: you know what?
[info]gamepolitics
2006-06-17 12:16 pm UTC (link)
I gave Miami Jack a long time and let him post whatever he wanted before the ban, much longer than many readers thought I should have. But I thought that a diversity of opinions was a good thing in this arena.

I still do, and welcome all voices who can conduct themselves in something approaching a civil fashion.

However in that case the ban - not easily arrived at - is and will remain permanent.

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Re: you know what?
[info]sabin_blitz
2006-06-17 07:45 pm UTC (link)
And I hope it never changes. Jack stole enough of my IQ. I kinda need it, what with the Abschlussklausure around the corner. Wish me luck, folks!

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Isn't this a great big, DUH!
[info]automancer
2006-06-17 05:20 am UTC (link)
Honestly, I knew it would happen, and you know what I would bet Jack his entire salary that the law is found unconstitutional. Do you think he would take it? Of course not, if he were so confident in his law he would, but I think even he knows his law is a piece of crap, he just wants something to gloat about.

-Auto

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Re: Isn't this a great big, DUH!
[info]phoenixzero
2006-06-17 10:07 pm UTC (link)
Uhhh, what salary? O_o

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Re: Isn't this a great big, DUH!
[info]terminator44
2006-06-19 03:19 pm UTC (link)
BURN!

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Ironic...
[info]jesdk
2006-06-17 03:55 pm UTC (link)
Anyone wanna bet that Jack will at first, after his bill is defeated, rage at the judges and call them corrupt and in the pockets of P-A?

And that only a week later he'd proclaim he never laid a finger on the bill?! ;)

Seriously though, Jack Thompson has no credibility. He lost that eons ago, thanks to his unnerving ability to twist lies into facts and ignoring the truth. For him to think that his 'bill' will stand a chance against truth is not only narrow-minded, but egoistic as well.

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... and Stay Out!!
[info]verbinator
2006-06-17 10:49 pm UTC (link)
Any chance the lawsuit includes the Louisiana governor (as did the Michigan suit)? I doubt that there's any special language naming co-conspirators?

I think the state of Louisiana has essentially hung a "STAY OUT" sign to game developers thinking of the state as a potential home of operations. Tax incentives at this point would now likely do little to change opinions of the development community.

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Re: ... and Stay Out!!
[info]gamepolitics
2006-06-18 01:20 pm UTC (link)
As far as I can tell the suit hasn't been posted to the federal tracking system yet (or at least wasn't Saturday morning when I checked).

Typically the Guv is the named defendant, perhaps the state A.G. as well. Certainly not any advisors to the legislative process.

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Re: ... and Stay Out!!
[info]mnementh2230
2006-06-18 03:33 pm UTC (link)
Any chance you could tell us if he still posts (in impotence, of course) - I'm just curious to know if he's wasting time banging his fingers upon the keyboard when he KNOWS it isn't going to be posted publicly, or if he even realizes his posts aren't showing up. If he is, he's pretty much living my favorite definition of insanity (ala Einstein)

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Re: ... and Stay Out!!
[info]ianc14
2006-06-18 04:09 pm UTC (link)
I think GP said he knows, and that most of his comments are just attacks on GP about his "censorship"

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Re: ... and Stay Out!!
[info]gamepolitics
2006-06-18 04:36 pm UTC (link)
Miami Jack send comments here and there. At this point I consider them pretty much like e-mail since he knows they won't be published.

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Re: ... and Stay Out!!
[info]mnementh2230
2006-06-20 02:19 pm UTC (link)
Cool. I found myself pretty curious if he even bothered to read a headline on GP that wasn't directly related to his crusade... I'm still kind of amazed he did. :)

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BTW, Dennis...
[info]terminator44
2006-06-19 03:23 pm UTC (link)
Are you going to update the Legislation Tracker to show these recent developments?

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Re: BTW, Dennis...
[info]gamepolitics
2006-06-19 04:44 pm UTC (link)
Indeed.

I'm waiting for Guv Blanco to sign the sex games bill and to see if perhaps the judge in California issues a decision.... that's way overdue.

(Reply to this) (Parent)

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