Trouble in California

August 7th, 2007

As GamePolitics reports, after a two year battle, a federal district court judge has ruled California’s 2005 video game law unconstitutional. The law would have blocked the sale of violent games to those under 18, and each offense would hit retailers with a $1000 fine. From the Judge’s ruling:

The evidence does not establish that video games, because of their interactive nature or otherwise, are any more harmful than violent television, movies, internet sites or other speech-related exposures.

Although some reputable professional individuals and organizations have expressed particular concern about the interactive nature of video games, there is no generally-accepted study that supports that concern. There has also been no detailed study to differentiate between the effects of violent videos on minors of different ages.

The court, although sympathetic to what the legislature sought to do by the Act, finds that the evidence does not establish the required nexus between the legislative concerns about the well-being of minors and the restrictions on speech required by the Act.

State Senator Leland Yee (D), the who had sponsored the bill, was clearly opposed to the court’s decision:

I am shocked that the Court struck down this common-sense law. AB 1179 worked to empower parents by giving them the ultimate decision over whether or not their children should be playing in a world of violence and murder.

Yee is clearly not the brightest crayon in the box. AB 1179 didn’t empower parents or give them any sort of decision making power. Instead, it told them that California’s government knows more about what’s right for their children than they do.

Yee continues:

We simply cannot trust the industry to regulate itself. I strongly urge the Governor and the Attorney General to appeal this decision to a higher court and to the Supreme Court if necessary until our children are protected from excessively violent video games.

Well, unfortunately that’s just what the Governator IS doing. As Schwarzenegger stated in a press release:

I signed this important measure to ensure that parents are involved in determining which video games are appropriate for their children. The bill I signed would require that violent video games be clearly labeled and not be sold to children under 18 years old. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents.

I will vigorously defend this law and appeal it to the next level.

Hopefully the Governator is met with failure in appealing this case. I’ll be following it closely to see how things turn out.

Perhaps if video game regulation proves successful for State Senator Yee, he’ll turn his sights to something more serious like Pizza Hut. I hear that their product causes children to become fat. Unlike video games and violence, I’m sure there are some good studies to back up the claim that children who consume Pizza Hut pizza on a regular basis can become obese and suffer health problems. I think a good ID check is in order to ensure that no children are subjected to their harmful products.

UPDATE:

For anyone interested in a breakdown/summary of the ruling, check out this post over at Law of the Game.