ENCINO, CA--(Marketwire - August 6, 2007) - Bo Andersen, President of the
Entertainment Merchants Association, issued the following statement regarding
today's ruling that California's video game restriction law is unconstitutional
and enjoining its enforcement:
It was inevitable that the federal district court would find the California
video game restriction law unconstitutional, as eight similar laws around the
country have been overturned in the past six years. We informed the legislature
that this would be the eventual result when it was considering the law, and it
is indeed unfortunate that legislature ignored the prior cases.
It is now time for the California legislature to move beyond political
grandstanding and accept the video game industry's invitation to work with them
to educate the public about video game ratings and encourage parents to utilize
those ratings when selecting video games for their families.
The challenged law, which was authored by then-Assembly member (now state
Senator) Leland Yee, was scheduled to go into effect on January 1, 2006. It
would have restricted the sale or rental to anyone under the age of 18 of
computer and video games that are classified as "violent video games" if the
depictions of violence in the games are offensive to the community or if the
violence depicted is committed in an "especially heinous, cruel, or depraved"
manner.
On October 17, 2005, the Entertainment Merchants Association (then named the
Video Software Dealers Association) and the Entertainment Software Association
filed a lawsuit challenging the law as a violation of the First Amendment. The
lawsuit is Video Software Dealers Association v. Schwarzenegger in the U.S.
District Court for the Northern District of California (No. C05-4188 RMW (RS)).
At the request of the plaintiffs, on December 21, 2005, Judge Ronald M. Whyte
barred enforcement of the law while the legal challenge was pending. Today's
ruling makes that injunction permanent.
For more on the California law and the VSDA v. Schwarzenegger lawsuit, please
see http://www.idealink.org/Resource.phx/vsda/government/vsdavschwarzenegger.htx.
The Entertainment Merchants Association (EMA) was established in April 2006
through the merger of the Video Software Dealers Association (VSDA) and the
Interactive Entertainment Merchants Association (IEMA). EMA is the
not-for-profit international trade association dedicated to advancing the
interests of the $32 billion home entertainment industry. EMA represents more
than 1,000 companies throughout the United States, Canada, and other nations.
Its members operate more than 20,000 retail outlets in the U.S. that sell and/or
rent DVDs and computer and console video games. Membership comprises the full
spectrum of retailers (from single-store specialists to multi-line mass
merchants), distributors, the home video divisions of major and independent
motion picture studios, and other related businesses that constitute and support
the home entertainment industry.