Another Court Victory For The ESA
According to an Entertainment Software Association representative in speaking with GameSpot, the ESA has scored another court victory. A federal judge in Louisiana has granted the ESA's request for a permanent injunction preventing the state from enacting a law created to limit the accessibility of violent games to minors.
Signed back in June, the law came about based on the framework of existing obscenity statutes. The author was state representative Roy Burrell (D-District 2) and worked with controversial anti-game activist Jack Thompson. Evidently, Burrell had hoped that using similar language found in constitutional obscenity laws would allow the gaming law to withstand any court battle, but the judge issued a preliminary injunction to prevent enforcement in August.
The law states that it would have been illegal to sell, rent or lease a game to any minor if the situation meets these three conditions:
(1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence.
(2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
The ESA rep said a written judgment is forthcoming, along with an official statement from the organization.
11/30/2006 Ben Dutka