The ESA, seeking to overturn video game legislation signed into law by Minnesota Gov. Tim Pawlenty (R) last week, has just announced that it will file suit in Minnesota Federal District Court. An ESA press release notes that "Similar laws have been struck down by six courts in five years, including the Eighth Circuit which governs Minnesota, costing taxpayers thousands of dollars in legal fees."
ESA president Doug Lowenstein was unsparing in his criticism of the Minnesota law, which takes the unusual approach of fining underage game buyers $25.
"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, said Lowenstein.
"The State is attempting to impose liability on children because they know that courts have consistently held that they cannot penalize retailers... If this law is implemented... it will create a huge amount of confusion for retailers, parents, and children."
Joining Lowenstein in attacking the Minnesota law was Bo Andersen, President of the Entertainment Merchants Association (EMA).
"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," said Andersen.
