Federal judge: Indianapolis video game ordinance can take effect
By The Associated Press
10.12.00
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INDIANAPOLIS — A federal judge has issued a preliminary ruling
allowing a city ordinance banning minors from playing violent and sexually
explicit video games without parental permission to take effect
immediately.
The law, passed by the City-County Council in July, was to go into
effect Sept. 1. But representatives of the pay-for-play video game industry
— including manufacturers, distributors and arcade owners — sued on
Aug. 21, seeking a preliminary injunction.
In yesterday's ruling, U.S. District Judge David Hamilton said, "It
would be an odd conception of the First Amendment ... that would allow a state
to prevent a boy from purchasing a magazine containing pictures of topless
women in provocative poses, but give that same boy a constitutional right to
train to become a sniper at the local arcade without his parents'
permission."
Industry representatives had argued the ordinance's restriction on
games with "graphic violence" were content-based restrictions on speech, in
violation of the First Amendment. They also contended the ordinance was
unconstitutionally vague.
In making his decision, Hamilton noted that the ordinance "does not
bar or significantly limit adults from using the games in question, it does not
engage in viewpoint discrimination, it does not limit the expression of ideas
or other messages, and it authorizes only civil enforcement mechanisms."
Mayor Bart Peterson says the ruling "is an important step to empower
parents and protect our young people from extremely violent and sexually
explicit video games."
Kenneth Falk of the Indiana Civil Liberties Union, which is not a
plaintiff in the case, said he was concerned about the implications of the
ruling.
"I think the concern in the First Amendment area is always that if a
certain type of speech can be regulated, that that can be spread to other forms
of speech," Falk told The Indianapolis
Star.
The law requires coin-operated games featuring graphic violence or
strong sexual content to have warning labels and be kept at least 10 feet from
nonviolent game machines. The machines must also be separated by a curtain or
wall so minors cannot see them. The law bars people under age 18 from such
games unless accompanied by a parent or guardian.
Businesses would be fined $200 per day for violating the ordinance.
Three violations in a year could lead to the revocation of a business's
amusement location license.
The city plans to send information to all 70 licensed arcades and
other affected businesses today. Mayor's spokesman Steve Campbell says random
inspections will begin tomorrow at city businesses, although fines will not be
immediately levied. Peterson said the first round of inspections would be used
to educate business owners about the scope of the ordinance.
A final decision has not been reached in the lawsuit, but city
officials believe the ordinance will be upheld.
"We feel pretty confident ... that the ordinance will stand up
under judicial review," Campbell said.
Update
Federal appeals court puts Indianapolis video game law on hold
7th Circuit judge grants industry request for stay of judge's Oct. 11 order allowing ordinance to take effect.
10.19.00
Previous
Federal judge hears arguments over Indianapolis' video game law
Industry groups say games are free speech, ordinance is too vague to enforce.
09.18.00
Related
Arkansas legislators hope to defeat violent video games
Measure would establish rating system, criminal penalties for people who provide such games to minors.
12.12.00
N.J. lawmaker introduces bill to rein in violent arcade games
'We can't continue as a society promoting the notion of violence as fun and expect to develop and encourage humane children,' says Assemblyman Leroy Jones.
11.20.00
