Louisiana newspapers are providing additional coverage to the stinging judicial rebuke which a federal judge administered to the state's controversial video game law on Thursday evening.

An AP report out of Baton Rouge quotes Louisiana Gov. Kathleen Babineaux Blanco (pictured) on the judicial reversal:

"I'm calling on all parents to diligently monitor the video games that their children are allowed to play. If the courts can not protect our children, then we need to do it by rejecting the merchant of violence," she said.

The Advocate spoke with a disappointed Rep. Roy Burrell (D), sponsor of the bill.

"If you can train a military-type person using these video games, you can do it to kids," Burrell told the newspaper. He added that courts aren't yet ready to accept that premise.

GP: Maybe the court would pay more attention if Burrell provided some, you know, evidence, rather than the nonsense he put forth during the legislative debate on the bill. Just a thought. Judge Brady took note of this as well when he wrote in Thursday's ruling:

"The evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable. Much of the 'evidece' presented consisted of newspaper articles on the evils of video games..."
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Last week, GP was first with the news that Congressman Cliff Stearns (R-FL) had proposed HR 5912, the so-called "Truth in Video Game Rating Act."

Gamasutra and other sites are now reporting that ESA boss Doug Lowenstein has responded by way of an official statement.

"We share Chairman Stearns' commitment to the continued effectiveness and accuracy of the ESRB's ratings system," Lowenstein said. "However, as introduced, we do not believe his legislation will serve consumers and parents."
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State Rep. Roy Burrell (D) is standing by his man.

The sponsor of Louisiana's contested video game law refused to be drawn into the nasty fight Jack Thompson picked in recent days with Attorney General Charles Foti (D) and his deputy, Burton Guidry (see yesterday's GP coverage for details).
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If you were Larry Probst, CEO of Electronic Arts, the news about E3's shift to a more "intimate" format might well have been delivered to your palatial estate by a very proper English butler carrying a silver tray bearing a personal note from Doug Lowenstein.

But then again, Probst didn't need to be told. In fact, it's a good bet that he dictated the change to Lowenstein. From news reports, it's pretty clear that EA wanted E3 dead - the glitzy, panoramic E3 we had come to know and love, anyway.
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From GP's new obituary section:

Electronic Entertainment Expo, suddenly, July 31st; survived by father, Doug Lowenstein; beloved brother of Mario, Sonic and Master Chief; private burial; in lieu of flowers, send suggestions for best ways game journalists can survive May, 2007...

Hard to believe, but Next Generation, is reporting that E3 is dead:

"...all major exhibitors have effectively pulled their support from the show, prompting the majority of game publishers to also cancel plans for high-cost booths..."

"The decision by big manufacturers and publishers to walk away has left ESA in damage-control mode... E3, in its present form, is dead... The ESA will make an announcement later today that will attempt to add some gloss to this catastrophe... Whatever is announced today will be no more than a fig-leaf. The days of an industry event attended by all the major publishers, spending big money, are gone."

GameSpot is reporting in a similar vein, although with somewhat less of a doomsday flavor than Next Generation's coverage:

"GameSpot... learned that the show would radically shrink in size and... will take place at a location that would support exhibitors in meeting room space only, with... attendees numbering in the hundreds rather than thousands."

It's a shock to the system to imagine the month of May without an E3. In the next few days we'll be trying to assess the implications for the ESA as an entity.

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."
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Video games and a party - hey, sounds like a mini-E3!

In this case, however, the gamers at the party were also politicians.

Through a knowledgeable source, GamePolitics has learned that the ESA held a lobbying event for California legislators on Monday. ESA President Doug Lowenstein and the organization's General Counsel Gail Markels were among those who met with elected officials in Sacramento.

Following the meetings the ESA hosted a bash for state legislators, their staffs and families at a ballroom in downtown Sacramento. GP hears that about 150 people attended, enjoying refreshments and playing the E-rated likes of Dance Dance Revolution and a ping pong game (Rockstar's Table Tennis?) on monitors set up around the room.

We're not 100% sure it was Rockstar's game. It could have been a really early build of Nintendo's Wii Ping Pong, but we doubt it. Perhaps this was a way to show the assembled pols that Rockstar is capable of creating more than just GTA mayhem.
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This just in...

According to an ESRB press release, the video game ratings organization will announce a new "Commitment to Parents" initiative tomorrow in Washington, D.C.

Although details are sparse, the press release describes the program as an "unprecedented commitment on the part of leading video game retailers to enhance compliance with store policies regarding the sale of Mature-rated video games and educate customers about ESRB video game ratings..."

Joining video game industry officials for the announcement will be Senators Rick Santorum (R-PA, seen at left), George Allen (R-VA), and Mark Pryor (D-AR). The ultra-conservative Santorum is currently locked in a desperate re-election struggle against Democratic challenger Bob Casey, Jr. Virginia conservative Allen is often mentioned as a 2008 presidential hopeful.

On hand from the industry side will be ESRB President Patricia Vance, ESA boss Doug Lowenstein, and EMA honcho Bo Andersen, as well as representatives from major video game retailers Wal-Mart, GameStop, Blockbuster and Circuit City.

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

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.
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Yesterday's hearing before the House Subcommittee on Commerce, Trade, and Consumer Protection was a contentious one, especially for the video game industry and the Federal Trade Commission (FTC).

Among witnesses, ESRB president Patricia Vance came under the heaviest fire. It was clearly a day on which the assembled members of Congress opted to use the bully pulpit to drive home their collective frustrations with the video game industry.

Subcommittee Chairman Cliff Stearns (R-FL, seen at left) opened the hearing by paying homage to the creativity, fun and educational value of games. For the industry, it was all downhill from there. Stearns, like virtually all of his committee colleagues, was harshly critical of Grand Theft Auto: San Andreas. Stearns also called on the FTC to make a full report to Congress on its recently-completed Hot Coffee investigation, a theme that was repeated by other subcommittee members during the hearing.

Energy and Commerce Committee Chairman Joe Barton (R-TX), who identified himself as a Civilization IV fan, chimed in on the FTC-bashing, calling the organization "tardy" in reporting to Congress. Barton added, "I am fed up with games like Grand Theft Auto being marketed under false pretenses."

Rep. Fred Upton (R-MI) was also angry. "I guess I thought the FTC would have had some more teeth than they apparently have... I'm not at all happy with the consent decree... In essence there are no consequences. None... I would like to have thought that (Take-Two and Rockstar) would have been able to be fined for millions of dollars for the trash they put out across this country."
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Last Friday, GamePolitics was first with the news that Oklahoma Gov. Brad Henry (D) had signed his state's video game legislation into law.

The new statute is scheduled to take effect on November 1st and classifies violent video games as "harmful to minors," just like, say, hardcore pornography. Thanks to an unusual amendment in the Oklahoma Senate, the measure also includes unrelated language regarding signage around strip clubs and adult book stores.

As expected, ESA president Doug Lowenstein has issued a statement which signals the video game industry's intent to wage First Amendment war against Oklahoma's new law. Here is Doug's statement, in part:

"The ESA is deeply disappointed by the actions of the Oklahoma Legislature. We believe HB 3400 will restrict the First Amendment rights of Oklahoma's citizens, and intend to file suit in Oklahoma federal district court shortly, asking that the state's new video game law be overturned..."
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Let's call this one the "Battle in the Bayou."

Assuming that Louisiana Gov. Kathleen Blanco signs Rep. Roy Burrell's video game bill into law, it will, of course, trigger a First Amendment challenge by the video game industry. Nothing new there. We've seen such court cases many times before, in Illinois, Michigan, California and elsewhere.

But this is shaping up as something far more than a court battle. This fight comes equipped with baggage. Lots of baggage.

Controversial Miami attorney and anti-game crusader Jack Thompson wrote Rep. Burrell's bill and testified on its behalf in the Louisiana legislature. Thompson's incessant e-mails are already crowing about yesterday's success in the Louisiana Senate, where the bill passed 35-0

Doug Lowenstein, of course, is the president of the ESA, and the video game industry's point man.

These two do not like each other. In fact, they really don't like each other.

For his part, Thompson says such outrageous and ugly things about Lowenstein that GP wonders why the ESA boss doesn't sue the gadfly attorney for defamation.

The ESA, on the other hand, has placed Thompson on their "ignore" list. They like to pretend he doesn't exist.

Thompson has been issuing frothy assertions about video game violence for years, but 2006 saw his first real foray into the legislative arena. He's been studying past video game rulings, trying to craft a bill that will withstand the inevitable First Amendment challenge. In addition to Louisiana's Burrell, Thompson has been working with Delaware Rep. Helene Keeley (D), although it's unclear whether Keeley's bill will advance.

For his part Lowenstein has guided the industry with a steady hand for more than a decade. The ESA has never lost a constitutional challenge on his watch. Although he's too much of a professional to ever say it, you can bet he's determined not to lose this one. Especially this one.

Stay tuned. This is one fight you won't want to miss.

Update: Jack Thompson commented that he has had some state-level exposure in the past. "I was the chief witness for the Washington State bill two years ago," he said in an e-mail.

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Based on today's story concerning Louisiana's SB340, we asked the ESA to comment on its support of the legislation, which appears on its way to certain passage. ESA president Doug Lowenstein provided his thoughts, addressing both Sen. James David Cain's SB340 and Rep. Roy Burrell's HB1381, which the ESA believes is unconstitutional.

"We oppose HB 1381, which would add video games containing violent content to the State's 'Harmful to Minors' statute, and is no different from other laws already stricken by the courts," Lowenstein said.

"As is consistent with our long standing position going back several years in other states where such modernization of 'Harmful to Minors' laws have been passed with our support, we don't have any objection to adding video games to the Louisiana 'Harmful to Minors' statute as provided in the compromise approach of SB 340 (sponsored by Senator Cain), which would close an existing loophole in the law so that video games are regulated the same as movies. It would also fix fatal flaws in the underlying 'Harmful to Minors' statute to make it constitutional."

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This just in from ESA president Doug Lowenstein:

"The ESA is deeply disappointed by the actions of the Minnesota legislature and Governor Pawlenty. We believe that SF785 is unnecessary and will restrict the First Amendment rights of Minnesota's citizens. To enact 'feel good' bills knowing they're likely to be tossed by the courts is the very height of cynicism. The computer and video game industry intends to file suit in Minnesota federal district court shortly, asking that the state's new video game law be overturned."

"Six courts in five years, including the Eighth Circuit Court of Appeals which governs Minnesota, have struck down similar laws, ruling that they were unconstitutional. This has resulted in legal costs of nearly one million dollars to the taxpayers of the states in which these bills were passed, and countless wasted hours spent by government officials attempting to defend the laws."

"...We hope that sooner or later state legislators and candidates will stop trying to seek headlines by subverting the constitution and frittering away desperately needed taxpayer dollars and instead enter into a constructive partnership to educate parents about the tools available so they, not government, can raise their kids as they see fit and buy the games that are right for their unique families..."

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With E3 just concluded, it seems only fitting that the video game industry's point man is highlighted. Washington Post reporter Jose Antonio Vargas does just that in an excellent profile of Doug Lowenstein.

Calling the ESA president "the Jack Valenti for the PlayStation-Xbox-Nintendo set", Vargas notes that Lowenstein shuns publicity.

"It's not my persona to get in the limelight," the 55-year-old Lowenstein said. "I don't want to be seen as, 'Here's the guy who defends hideous violent games. Here's his story.'"

Speaking of Valenti, the former MPAA boss was complimentary.

"He's got a really tough job to do. But Doug listens, and listens very well. Too many people in Washington think they're the repository of all wisdom. Not Doug."

Representing the video game industry makes Lowenstein somewhat of a controversial figure. Vargas notes that a $500 campaign contribution Lowenstein made to Illinois Sen. Barack Obama was returned to him by Obama's staff.

"Stuff happens," was Lowenstein's comment.
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E3 is a sea of humanity, a fair percentage of which is comprised by online media. The quality of the journalism may be somewhat uneven, but the standard of behavior is usually pretty good. That's why GP feels moved to point out the antics of a media-credentialed pair from Destructoid, a game blog which describes itself as "hardcore."

When these two showed up at ESA boss Doug Lowenstein's E3 keynote, one was wearing a robot head mask. At least, I'm pretty sure that wasn't his real cranium. Okay, that was cute, and flashes popped around the theater while people took his picture as he sat in the crowd before the keynote started.

After the ESA president's speech, Doug was gracious enough to stay around and take questions from the media. 99% percent of the keynote attendees disregarded the opportunity, heading straight for the breakfast table instead. But a few of us, including Dean Takahashi of the San Jose Mercury-News and GP, clustered around Doug for the chance to have some on-the-record Q&A with the industry's point man.

Mr. Roboto stayed too, apparently hoping to ask Lowenstein a question about the high price of the PS3.
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If you were expecting ESA president Doug Lowenstein to focus on the industry's political concerns in this morning's E3 kickoff speech, you were probably disappointed.

Instead, Lowenstein zeroed in on the many positive aspects of the industry, particularly the ripple effects it has on the U.S. economy, technological innovation and education. He suggested a forward-looking approach, thinking not in terms of the current console transition, but the next one, circa 2010. On this he said, "By the time we reach 2010... the video game industry will be bigger, more important, more influential, and more relevant than ever before."

The ESA's point man likened the video game business to other "transformational industries" (autos, T.V., PC's andphones)which changed the American way of life. He cited demographics which show that by 2010, 75 million Americans will be between the ages of 10 and 30.

"Video games," Lowenstein said, "are the rock and roll music for the digital generation and Halo and The Sims and Zelda are their Grateful Deads and their Rolling Stones."
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