Suddenly, Louisiana has become a focal point in the political struggle over video games.

Late last week, of course, Gov. Kathleen Babineaux Blanco signed HB1381, the Jack Thompson-authored video game bill into law. Quicker than you can say "unconstitutional" the ESA and EMA filed a First Amendment challenge.

But, as previously reported on GamePolitics there is a second video game bill working its way through the legislative process in the Pelican State. SB340, sponsored by Sen. James David Cain (R, seen at left) enjoys the full support of the video game industry.

Why?

Like Maryland's HB707, SB340 bans minors from purchasing games with sexually explicit content. There is no mention of violent game content in the final version of the bill. The industry did not oppose the Maryland law as it essentially mirrors existing obscenity statutes. The same holds true for SB340. It is much the same as blocking a minor from buying a XXX-rated DVD.

As reported by the New Orleans Times-Picayune, the Louisiana House passed SB340 95-0 late last week. The bill now goes to Gov. Blanco who is expected to sign it into law today as the current legislative session comes to a close.

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After waging a string of successful First Amendment battles against video game legislation in St. Louis, Indianapolis, Washington state, Illinois and Michigan did you ever expect to see the video game industry decide to not fight a piece of game legislation?

Well, it just happened in Maryland, where HB707 was signed into law by Republican Governor Robert Ehrlich (seen at left) on May 2nd. The bill, co-sponsored by Delegates Wade Kach (R) and Justin Ross (D), had previously passed both the Maryland House and Senate by unanimous votes.

So why isn't the video game industry dragging Maryland into court?

As passed, the bill prohibits the display or exhibition of an obscene video game to a minor. Its definition of obscenity deals with depictions related to sexual activity. It's much the same as blocking a minor from buying a DVD containing an X-rated movie. There is no mention of violent game content in the bill, and no attempt to define violence as obscenity in the manner that pending legislation in Louisiana and Delaware seeks to do.

Since the video game industry - aside from the rogue Hot Coffee incident - does not market obscene material, nor is such material extended the same First Amendment protections as violent games, it opted not to oppose the Maryland law.

Nor is this the first time the industry has decided not to fight. In 2005, for example, Georgia enacted a law requiring retailers to display signs explaining video game ratings. Similar laws are in effect in California and Washington state.

Maryland's new law takes effect on October 1st. Its full text may be seen here.

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It is the season when state-level bills are either made or killed, including those pertaining to video games.

So, in the words of everybody's favorite made man, Tony Soprano, the following bills are dead to me. And to everyone else, for that matter:

Florida - SB492: Died in Committee on Justice Appropriations
- HB647: Died in Judiciary Committee

Hawaii - SB3204: Died in committee. And I was so looking forward to covering this one in person...

Kansas - HB2921: Died in Judiciary Committee

Maryland - HB75: Died in Judiciary Committee

Missouri - HB1467: Died in committee

Washington - HB2178: Died in committee

Wisconsin - AB 634: Dead; failed to pass committee on May 11th; a staffer for Rep. Sondy Pope-Roberts tells us that the bill will be re-introduced in January, 2007.

We're updating the GamePolitics Legislation Tracker to include these changes.

Note - these bills do not include any previously reported as dead on GP (such as Indiana and Michigan).

UPDATE: Delaware Rep. Helene Keeley contacted GP to tell us that HB360 is neither dead nor stalled. We've edited this story to reflect that information. A staffer from North Carolina State Senator Julia Boseman's office also let us know that Boseman's SB2 is still in play. We're awaiting some type of confirmation on Tennessee and New Jersey.

GP tries to remain neutral in the political debate over video games. But we do insist that politicians who jump into the fray at least take the time to acquaint themselves with the subject of their legislative efforts.

So we were disturbed by comments attributed to Maryland Republican Delegate Wade Kach, author of legislation currently before the state assembly. Kach's bill, HB707 specifies that "obscene: (i.e. - sexually explicit) video games can't be sold or displayed to minors.

GP: We're not sure which "obscene video games" Kach has in mind. Under the bill's definition, even the Hot Coffee animations would not likely be covered. His comments, which appeared in a well-written piece in the Baltimore Jewish Times, betray a troubling lack of familiarity with the issues:

"Mr. Kach says he was spurred to offer his bill by a complaint from a constituent. 'They were especially concerned about [a video game called] 'Grant Theft Auto,' which apparently has a lot of [physical and sexual] violence,' said Mr. Kach, who has heard that the game has since been reissued in a toned-down version.

Grant Theft Auto? Perhaps the reporter got that part wrong. But "apparently" has a lot of [physical and sexual] violence?" Doesn't he know? Apparently not, since he merely "heard that the game has since been reissued..." Del. Kach, an hour from Washington, D.C. where Congress and the FTC are still digging into Hot Coffee, seems to have only hearsay information on the biggest video game news story of all time.
( Read more... )

Cookies, anyone?

The Frederick News-Post reports that Girl Scouts from around Maryland gathered at the state capitol last week to sit in on legislative sessions, meet delegates, and participate in a mock legislative debate.

And perhaps sell a few boxes of Thin Mints along the way?

As part of a program sponsored by the Maryland Girl Scout Legislative Coalition, two hundred scouts took to the House floor to get a first hand taste of the political process. The topic of the Girl Scouts' mock debate, fining adults who buy mature-rated games for their children, was peripherally related to Maryland's proposed video game legislation.

Scout Alexandra Asuncion of Frederick played the role of House Speaker, directing the debate.

"It was really fun," she said. "I liked it because you could see what it would be like to be the speaker."

Other girls scouts, acting as delegates, made some telling points from the House floor.

"What's the point of an adult getting a fine for buying it for their children when it was their choice?" argued seventh-grader Kendall Bille.
( Read more... )

If you thought the news was mostly bad for gamers and the game biz this week, you're right. GP hasn't seen a stretch like this since last July's Hot Coffee peak, when it seemed a new hammer blow fell just about every day.

How bad was this week?

So bad that GP readers definitely noticed. One guy for whom we have a lot of respect wrote in, saying, "For god's sake, give us some GOOD news. It like a tsunami, sweeping in on the industry."

Blogcritics has a comprehensive summary of the bloody week that was. Definitely worth a read. Will things get better?

Sure. The 25 to Life furor will peter out, as soon as political and law enforcement critics realize they are essentially driving sales for a really lousy game.

However, some of the bad news is likely to be around for a while. You just know that Los Angeles City Attorney Rocky Delgadillo is going to ride his Hot Coffee lawsuit hard between now and his June primary election for California Attorney General. We'll have more to say about that transparent political maneuver in tomorrow's GP.

Plus, we expect the connection - however tenuous - between violent games and the shooting in a Maryland day care center will be exploited by legislators pushing a pair of game bills in that state.

The furor over Need For Speed and a deadly Toronto car crash is still making news in the Canadian press. Can a high-profile lawsuit be far behind?

Expect to hear also about more video game legislation as well as from completely off-the-wall critics like Texas gubernatorial candidate Star Locke, who wants a 100% tax on violent games, and Utah legislator David Hogue, who has introduced a bill to treat violent games like pornography.

As always, stay tuned. GamePolitics will serve up the good news - and the bad. Remember, just don't shoot the messenger.

Yesterday GamePolitics reported that an 8-year-old boy who accidentally discharged a handgun at a Maryland day care center, wounding another student, had been exposed to violent video games. At the time, we didn't know which games.

But we do now.

A report in today's Washington Post identifies 50 Cent: Bulletproof and 187 Ride or Die as extremely violent games to which the boy had access. The paper's information regarding the games comes from what it describes as "a police source."

The WaPo article also seems to cast some doubt on how "accidental" the shooting may have been.

According to a report in the Baltimore Sun, the 8-year-old boy who accidentally shot another student at a Maryland day care center earlier this week had been influenced by an unspecified violent video game.

Montgomery County prosecutors say that convicted felon John L. Hall, Sr. (left) showed his son how to use the weapon and allowed him to play the violent game. Police have charged Hall with weapons offenses. He is currently incarcerated in lieu of $50,000 bail.

"The father was basically grooming the son toward having a propensity for guns," Montgomery County State's Attorney Douglas Gansler.

In addition, investigators say the boy had made threats against police, discussed decapitation, and outlined a simplistic plan to commit a murder which read, "Phase 1, get weapons. Phase 2, kill the hillbilly."

Hall's family said the boy is "troubled."

The hits just keep on coming...

Despite a series of recent constitutional setbacks blocking video game laws from taking effect in California, Illinois and Michigan, a number of states will consider such legislation in 2006.

We can now add Maryland to the list. There, members of the General Assembly have proposed two such bills.

The first, HB 54, was proposed by Republican Delegate Wade Kach (left). HB 54 would block the sale or rental of games rated "Adults Only" (AO) to minors. Penalties include up to one year in jail or a $5,000 fine.

Not to be outdone by the Republicans, Democrat Justin Ross (right) has proposed HB 75, described by an informed source as "California redux."

Both bills will receive their first reading before the Maryland House Judiciary Committee next week.