Game Politics ([info]gamepolitics) wrote,
@ 2006-06-24 11:05:00
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Entry tags:bo andersen, brad henry, doug lowenstein, ema, esa, first amendment, fred morgan, lawsuits, legislation, oklahoma, ptc

As Expected, Video Game Industry Sues to Block Oklahoma Law

The other shoe has dropped in Oklahoma.

As expected, the EMA (retailers) and ESA (publishers) jointly announced yesterday that the video game industry has filed suit in Oklahoma to challenge the state's new video game law on constitutional grounds.

"Legislators have sold parents a bill of goods for political expediency," said ESA President Doug Lowenstein in a press release. "They know the bill will be struck down, they know it's based on bad science, and they know it won't help parents do their jobs. What they won't tell voters: we just picked your pocket to the tune of a half million dollars, the amount the state will have to reimburse the ESA after the inevitable decision is made to strike down the law."

The video game industry press release was especially harsh on language in the law which the ESA chief said criminalizes a parent's decision to give their child a violent video game. On this the industry statement says, "the state of Oklahoma is the first in the country to pass a law that takes the unprecedented step of telling parents that the government knows better than they what games their children should play."

Bo Andersen, President of the EMA, added, "The law's definitions are so vague and imprecise that no video game retailer could ever know whether a particular video game is covered by the restrictions. No retail clerk should suffer the ignominy of a criminal record where no reasonable person could determine whether a particular video game may legally be sold or rented to a minor."

The Oklahoma law is currently slated to take effect on November 1st. Oklahoma T.V. station KTEN-10 reports that Gov. Brad Henry (D) had no comment on the video game industry lawsuit, while Rep. Fred Morgan (R, seen at left), the primary sponsor of the legislation, said he was not surprised by the suit. Morgan, who must vacate his seat in the Oklahoma House due to term limits, is running for Congress.

The Oklahoma law has been supported by the Parents Television Council (PTC).

GamePolitics is, of course, your #1 source for news about politics and video games. Check out our ongoing coverage of the Oklahoma situation. We've been tracking developments there since October, 2005.

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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Sue their re-election campaigns
[info]verbinator
2006-06-24 04:54 pm UTC (link)
"They know the bill will be struck down, they know it's based on bad science, and they know it won't help parents do their jobs. What they won't tell voters: we just picked your pocket to the tune of a half million dollars, the amount the state will have to reimburse the ESA after the inevitable decision is made to strike down the law."

Perhaps voter watchdog groups in the affected states should sue the re-election campaigns for the full dollar value of the ESA/EMA lawsuit costs ... and seek additional damages on top of that. These grandstanding lawmakers could see that previous laws with nearly identical wording had failed in court. They could see (had they chose to look) that the laws would not pass constitutional muster. Yet they proposed them, sponsored and co-sponsored them, voted for them, and then signed them into law. Yet because they thought the laws would make them look like they were strong on family values to this year's crop of "soccer moms" they chose to ignore the constitution, injunctions currently in place, and recent court decisions to pass these unconstitutional "look I'm pro-family" laws.

Political malpractice at it's finest.

(Reply to this)

Hire a new speechwriter
[info]lowe0
2006-06-24 05:25 pm UTC (link)
Bad writing, guys. The "we just picked your pocket" is just ambiguous enough that the average audience member is going to equate it with the ESA, especially since he points out that the ESA will ask for reimbursement.

"What they won't tell voters is that they just..." would be much clearer.

(Reply to this) (Thread)

Re: Hire a new speechwriter
[info]gamepolitics
2006-06-24 06:02 pm UTC (link)
That's an interesting point. Kinda pits the average Joe taxpayer against the wealthy game publishers when you look at it that way.

(Reply to this) (Parent)

Re: Hire a new speechwriter
[info]illspirit
2006-06-24 06:10 pm UTC (link)
The ambiguity works quite well IMHO. If the reader does end up thinking it's the ESA who is picking their pocket, well, they should be doubleplus mad that their rep's are giving away boat loads of money to the so-called "bad guys." ;)

(Reply to this) (Parent)(Thread)

Re: Hire a new speechwriter
[info]dustin1986
2006-06-24 09:29 pm UTC (link)
I think this is what they want.
"Hey it's not OUR fault that the law was struck down! We wanted to help the CHILDREN, but I suppose the courts think that big business is more important. Not only that, but the corrupt videogame industry, with their high priced lawyers, just picked taxpayer's pockets to the tune of a half million dollars!"

If you want to be the good guys, you need to have a villian to fight right? The game industry is going to be their villian, and there's nothing the ESA can do about it.

I think that this may have been the outcome they wanted. The only reason anyone has even heard of this legislation is the fact that it is being challenged in court. You know that other law in Louisiana? The one that's constitutional and practical? You probably forgot about it already! Nobody cares about it, nobody talks about it, it goes unnoticed.

(Reply to this) (Parent)

Re: Hire a new speechwriter
[info]anticron
2006-06-24 08:58 pm UTC (link)
Remember that most people are intelligent enough to know that the government is rife with abuse and mispent funds. Governmental waste is nothing new, and people don't much appreciate it.

(Reply to this) (Parent)

fishing for votes? (sarcasm)
[info]trenthowell
2006-06-24 05:35 pm UTC (link)
seriously though, this law is supported by the PTC. With yesterdays news on them, and past lawsuits against (WWF anyone?)they hold little credibilty. Politicians are too busy worrying about if they look good and trying to get votes to stay in that they are oblvious to real issues. Also the populace is oblivious to the fact that THIS IS YOUR GOVERNMENT WASTING YOUR TAX DOLLARS ON STUPID ISSUES.

(Reply to this) (Thread)

AHEM
[info]taintedecho
2006-06-24 10:40 pm UTC (link)
Excuse me? We're oblivious? As one of the many people that called and told them not to sign this crap bill into his state offends me to high heck!

I will have you know that Oklahoma has a long standing history of people trying to do right but getting ripped by the government that's suppose to serve us! Hell, as we've so lovingly put it before in my circles, we're taxed for the air we breath, so please, think about what you said, it's not the people's fault for the most part, it's the government for not listening.

(Reply to this) (Parent)(Thread)

Re: Partial Apology
[info]trenthowell
2006-06-25 05:14 am UTC (link)
I am partially sorry about the comment because people still vote people like him in. So in other words i'm apologizing to those that do try to get things done when they feel the government is doing wrong. I do not apologize on behalf of those that just vote because they can and don't pay attention to the issues basically taking them wherever the government says where they can and want them to go, and we all know every state has those people.

(Reply to this) (Parent)


[info]joshdavis271
2006-06-24 06:22 pm UTC (link)
WOOHOO, I get to pay for this OUTTA MY CHECK!!!!! I guess thats the price of freedom, huh. hope the ESA wins and they will.

(Reply to this)

Picking Nits
[info]unclemidriff
2006-06-24 06:52 pm UTC (link)
Not that it makes any difference to the story, but I just wanted to point out that KTEN is not "Oklahoma City's." It has studios in Ada and Ardmore, not Oklahoma City. Oklahoma City's NBC affiliate is KFOR.

END nitpicking

(Reply to this) (Thread)

Re: Picking Nits
[info]gamepolitics
2006-06-24 07:13 pm UTC (link)
my bad... I saw the OK City dateline on the story... I'll fix that. GP is always interested in accuracy, and thx for pointing out...

:-)

(Reply to this) (Parent)


[info]xwaix
2006-06-25 12:57 am UTC (link)
GP, I think you linked the wrong press release in your second paragraph - the link you have takes me to one about the Louisiana law. I'm guessing you meant to link this one? http://www.theesa.com/archives/2006/06/video_game_indu_6.php

(Reply to this) (Thread)


[info]gamepolitics
2006-06-25 04:07 am UTC (link)
oops!

My bad... Thx for the info. Fixed!

GP

(Reply to this) (Parent)


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