A federal judge has ruled that the state of Illinois must pay more than $500,000 in legal fees stemming from a lawsuit designed to keep minors from buying violent video games.
In all, Illinois must pay the Entertainment Software Association $510,528.64 in attorneys fees the association incurred in its fight to block the law that would have banned minors from buying violent or sexually explicit video games. The ESA originally asked for $644,000 in legal fees.
The recent ruling comes amid other lawsuits the ESA and others have filed fighting legislation regulating violent video game sales to minors. The Illinois lawsuit is one of nine the ESA has filed on the issue (PROMO Xtra, June 29, 2006).
“Judge Kennelly’s rulings send two irrefutable messages—not only are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars,” said Douglas Lowenstein, president of the ESA, the trade group representing U.S. computer and video game publishers, in a statement. “The sad fact is that the state of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that over half a million of their dollars and countless government hours were thrown away in this fruitless effort.”
The ESA, Video Software Dealers Association and Illinois Retail Merchants Association filed a lawsuit last year against the state for passing a law that would have required retailers to use warning labels for violent and sexually explicit video games on top of the existing Entertainment Software Ratings Board rating system. In addition, the law would have required retailers to post signs in stores with details about the ESRB rating system.
U.S. District Court Judge Matthew Kennelly killed the law in December 2005 before it went into effect, saying it was unconstitutional.
Six courts nationwide have struck down similar laws over the last five years, the ESA said. Lawsuits filed by the ESA and Entertainment Merchants Association are pending in California and Minnesota.
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