ETC Illinois To Pay Half A Million Dollar Fine To Videogame Industry

The state of Illinois must pay the video game industry $510,528.64 in attorney's fees for its unconstitutional effort to enact a law banning the sale of violent video games.

Over half a million dollars fine for the state of Illinois was the verdict by Judge Matthew F. Kennelly, United States District Judge, Northern District of Illinois, yesterday. "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. "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."

"I am very disappointed that the state of Illinois has to pay these fees for what was such a clearly unconstitutional law from the start," said Senator Cullerton, Illinois 6th District State Senator. "When I spoke against the law in Springfield, I predicted we would have to pay legal fees. The amount ordered paid to the plaintiffs by Judge Kennelly doesn't even count the substantial fees the state will have to pay its own lawyers."

The fees will be paid to the Entertainment Software Association, Video Software Dealers Association and Illinois Retail Merchants Association, plaintiffs in the lawsuit. In December 2005, the United States District Judge for the United States District Court for the Northern District of Illinois handed down a permanent injunction halting the implementation of the new state law that would restrict video game sales. In his decision declaring the law unconstitutional, Judge Matthew S. Kennelly forcefully sided with the ESA, writing, "If controlling access to allegedly 'dangerous' speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the State."

"As we said from the outset of this debacle and repeatedly since then, instead of squandering taxpayers' money on frivolous lawsuits and attempting to enact clearly unconstitutional laws, we encourage policymakers to focus their resources on a cooperative effort with industry, retailers, parent groups and health groups to work together to educate parents about the Entertainment Software Rating Board (ESRB) ratings and content descriptors, and the parental controls available in all next-generation consoles to help parents make sound choices about the games their kids play," said Lowenstein.

Posted on 11-08-2006 by Dennis

Comments

  • Umm, I enjoy video games as much or more than the next guy, but that is a little overboard. As long as it isnt passed who cares? But my mind might be clouded by my dislike of exceedingly violent games...

    nothings_shadow, 30-11--0001 at 00:00
  • Hm... interesting... *lives in IL* By "violent", does it mean like Mature Grand Theft Auto violent or like Super Smash Bros. violent?

    Ali/FireGalaxy DS-x2, 30-11--0001 at 00:00
  • I would guess that "cartoony" violence doesn't count.

    Cheese Henderson, 30-11--0001 at 00:00
  • GTA violent in the first place, but it wouldn't surprise me if they would stretch that to all 'violence' if they got the opportunity.

    Dennis, 30-11--0001 at 00:00
  • *points and laughs at Illinois*

    Nintendude, 30-11--0001 at 00:00

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