ESA pushes ahead with Minnesota lawsuit

The Entertainment Software Association has reaffirmed its intentions to file a lawsuit against the state of Minnesota in a bid to strike a blow against the latest restrictive videogame laws.

The Minnesota bill, which was signed into law last week by Governor Tim Pawlenty, calls for a fine of USD 25 for consumers under 17 years of age who buy or rent video games rated M for mature or AO for adults only. Additionally, stores would be required to display signs in large font drawing attention to the restrictions and the potential fine.

ESA president Doug Lowenstein believes the bill to be little more than an attempt to bypass the fact that numerous similar legislative proposals - which sought to penalise retailers rather than consumers - have failed.

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

Cementing the industry's support for the latest legal challenge, the president of the Entertainment Merchants Association, Bo Anderson, added: "Legislators in the state of Minnesota have enacted a video game restriction law that they apparently do not want enforced and understand cannot constitutionally be enforced. Unfortunately, as a result of the legislature threatening to impose penalties on the children of Minnesota, it will be the taxpayers of the state who pay the penalty when this law is overturned, as it must be."