Enetertainment Software Association to sue Minnesota

Eric · 06-07-2006, 11:57 AM

Wow. You are NOT gonna believe this folks. The article speaks for itself.

http://wii.ign.com/articles/711/711515p1.html

Quote:

June 6, 2006 - Responding to a bill recently passed in Minnesota that would fine kids $25 for buying or renting M- or AO-rated games, the Entertainment Software Association (ESA) announced today that it will file suit in Minnesota Federal District Court asking that the law be overturned.

Minnesota has been trying to pass similar laws for five years but all attempts have been overturned—which ends up costing taxpayers a lot of money. "The bill's tortured effort to end run the First Amendment by punishing kids directly fails under the Constitution because children have rights under the First Amendment, like all other citizens. The State is attempting to impose liability on children because they know that courts have consistently held that they cannot penalize retailers. We believe that the courts will agree that fining children violates the First Amendment as well," said Doug Lowenstein, president of the ESA. "If this law is implemented, it will not only limit First Amendment rights for Minnesota's residents, it will create a huge amount of confusion for retailers, parents, and children. I'm confident the court will affirm our position given the rulings on similar statutes in other jurisdictions."

The decision to try and penalize children was made because previous attempts to fine retailers had failed. If the bill were signed into law, though, it would be saying that retailers are protected by the First Amendment, but children aren't. The bill would also require stores to post large signs explaining the ESRB's rating system.

The ESA has repeatedly insisted that states cannot substitute the government's judgment for parental supervision. Lowenstein said that the industry's products were being unreasonably and unfairly singled out, adding that parents, not government or industry, must be the gatekeepers on what comes in the home.

"In 2005, the average game buyer was 40 and the average game player was 33," said Lowenstein. "When you take that and the fact that this bill is virtually unenforceable into consideration, there is no question in my mind that this bill will be thrown out. How is it possible for retailers to collect $25 from children? The fact is that it would be far more productive for all parties -- industry, retailers, government, parent groups, health groups -- to work together to educate parents about the ESRB ratings and content descriptors and the parental controls available in all next generation consoles."

Retailers are speaking out against the bill as well. "Legislators in the state of Minnesota have enacted a video game restriction law that they apparently do not want enforced and understand cannot constitutionally be enforced," noted Bo Andersen, President of the Entertainment Merchants Association. "Unfortunately, as a result of the legislature threatening to impose penalties on the children of Minnesota, it will be the taxpayers of the state who pay the penalty when this law is overturned, as it must be."

States seemingly never tire of trying to enforce regulation on video games. But if history is a reliable judge, Minnesota's most recent attempt will fail as well.

MegaMoonMan · 06-07-2006, 12:03 PM

I live here and I've never heard of that.

Kind of a stupid idea. Maybe fine the parents that buy/rent the games for their kids, now we're talking.

Seems scummy one the part of the ESA too. Sue because kids won't be allowed to play games they shouldn't be playing anyway?

Valkysas · 06-07-2006, 12:35 PM

yeah, it's pretty retarded. They dont want kids buying the games, which is why they pressure retailers to enforce the ratings. then they sue when they make a law that forces stores to enforce the ratings.

I'm guessing various game publishers are pressuring them into doing it.

Fairy Princess · 06-07-2006, 12:40 PM

The point is that the state shouldn't tell anyone what is appropriate or what isn't. The state shouldn't fine for what is effectively censorship. It's the parents problem to enforce what their child sees. This law is just plain censorship.

Optimus-JD · 06-07-2006, 12:41 PM

So a retailer is supposed to either sell or rent the game to a known minor, then turn around and collect a fine from that kid instead of simply saying no you're too young go away you bother me? Yeah, good luck.

funkatron101 · 06-07-2006, 01:12 PM

Then kids should be allowed to buy Penthouse and Playboy magazines. Same silly logic.

Fairy Princess · 06-07-2006, 01:56 PM

Quote:

Originally Posted by funkatron101

Then kids should be allowed to buy Penthouse and Playboy magazines. Same silly logic.

Actually the logic is it's the parent's responibility to keep penthouse out of little billy's hands not the State or Federal Goverment...

funkatron101 · 06-07-2006, 02:14 PM

Quote:

Originally Posted by Fairy Princess

Actually the logic is it's the parent's responibility to keep penthouse out of little billy's hands not the State or Federal Goverment...

Oh, I agree, but them trying to to use the excuse of violating the Child's First amendment rights. Which confuses me. Fining a child for buying a video game that isn't meant for them isn't restricting their free speech, right to assemble, or right to petition, nor does it give the govt. a right to establish a religion.

My question is, which store clerk would knowingly allow a child to buy a porn magazine. And if they do allow it, who is punished? What if a cop catches you buying drugs? Or you are underage and buy and consume alcohol?

My point is, buying M rated video games as a minor, or for a minor should be considered illegal with both the merchant and the buyer held responsible. Just with every other purchase that has an age limit, or is all together illegal.

This first amendment crap is no excuse.

Wing alpha · 06-07-2006, 03:40 PM

well this is gonna end badly due censorship.

Interesting nevertheless-thank god for drivers licenses-people say I look like I was fiftinish cuz Im really short

Shin-Gouki · 06-07-2006, 05:11 PM

What it comes down too is the idiot that wrote a law punishing the wrong people. Who gets punished when an Underaged person is sold Alcohol or Smokes? the RETAILER, not the kid, infact I don't think you can fine the kids, the parents yes but not the kids.