Game Industry Sues Minnesota Over Law

The Entertainment Software Association (ESA) filed suit against the state of Minnesota Tuesday, saying the government is attempting to trump parental supervision. A new bill has been proposed to fine children and teens for buying or renting mature and adults-only games.

Additionally, the group argues that the law violates First Amendment rights. Over the past five years, the group has been successful in overturning six similar laws. Courts have ruled in each case that the laws violate the First Amendment rights of gamers.

"The bill's tortured effort to end run the First Amendment by punishing kids directly fails under the Constitution because children have rights under the First Amendment, like all other citizens," ESA president Doug Lowenstein said.

"The State is attempting to impose liability on children because they know that courts have consistently held that they cannot penalize retailers," he continued. "We believe that the courts will agree that fining children violates the First Amendment as well."

Differing from previous laws, the Minnesota law would actually fine the child $25 per "M" or "AO" rated game that they buy. Retailers would be required to post signs that alert minors to the new law. It does not, however, penalize retailers, as the legislature was unsuccessful in adding that provision.

Lowenstein added that the average age of game buyers in 2005 was 40. Additionally, he said that there was no set way for retailers to collect the $25 fine from minors.

"The fact is that it would be far more productive for all parties -- industry, retailers, government, parent groups, health groups -- to work together to educate parents about the ESRB ratings and content descriptors and the parental controls available in all next generation consoles," he argued.

According to the ESA, 89 percent of the time parents are already involved in game purchases, and in 87 percent of all cases, children ask permission before purchasing questionable titles. The ESA also said that 66 percent of the time, retailers already block the sale of "M" and "AO" rated games to minors.