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Illinois Tax Payers Foot the Bill


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Illinois Ordered to Pay ESA Half Million

The taxpayers will foot the bill for the State's attempt to regulate videogames.

by Daemon Hatfield

 

August 10, 2006 - As result of trying to enact a law banning the sale of violent videogames (which was found unconstitutional), the State of Illinois must pay the Entertainment Software Association (ESA), game industry trade group, $510,528.64 in attorney fees.

 

"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 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 John 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 Safe Games Illinois Act would have required retailers to use warning labels in addition to the existing Entertainment Software Ratings Board labels. It also would have forced retailers to post signs within stores explaining the ESRB rating system. In December 2005, United States District Judge Matthew S. Kennelly handed down a permanent injunction halting the implementation of the law. In his decision declaring the law unconstitutional, Kennelly 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."

 

The legislation was proposed and championed by Gov. Rod Blagojevich. As of this writing, the Governor's office did not return requests for comment.

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United States District Judge Matthew S. Kennelly handed down a permanent injunction halting the implementation of the law. In his decision declaring the law unconstitutional, Kennelly 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."

I really agree with this statement. And yes, it's too bad we had to pay the bill, when it's obvious that there were warning signs that it would fail.

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