ESA Sues Chicago Transit Authority Over Videogame Ads

[Andy Chalk]

ESA Sues Chicago Transit Authority Over Videogame Ads

The Chicago Transit Authority [http://www.esa.com], saying its ban on ads for M-rated videogames is a violation of the First Amendment.

Trouble began in April of 2008 when the CTA sued in response [http://www.escapistmagazine.com/news/view/83338-Chicago-Transit-Authority-Pulls-Grand-Theft-Auto-IV-Ads], eventually forcing the return of the ads; presumably to avoid similar trouble in the future, the CTA enacted new regulations in January that forbids advertisements of M (Mature) and AO (Adult Only) rated videogames.

Bad move, as it turns out: Instead of defusing the issue, the CTA has just made things worse. Because the restrictions apply only to videogames, the ESA claims the game industry is being unfairly targeted and has thus filed a lawsuit against the Transit Authority. "The CTA's ordinance constitutes a clear violation of the constitutional rights of the entertainment software industry," ESA Chief Executive Michael Gallagher said in a statement.

"Courts across the United States, including those in the CTA's own backyard, have ruled consistently that video games are entitled to the same First Amendment protections as other forms of entertainment," he continued. "The CTA appears unwilling to recognize this established fact, and has shown a remarkable ignorance of the dynamism, creativity and expressive nature of computer and video games."

Under the terms of the CTA regulations, the lawsuit notes, advertising for the ESRB's [http://en.wikipedia.org/wiki/South_Park_(video_game)] Advertising Review Council already places strict controls on videogame advertisements.

The ESA is asking the court to declare the that Transit Authority's videogame ordinance "is void and of no force and effect," and is also seeking legal fees and other costs. A full copy of the GamePolitics [http://media.libsyn.com/media/gamepolitics/ESA-CTA_Complaint_AS_FILED.pdf])


Permalink

 

[Frank_Sinatra_]

That's really retarded that they will advertise R-rated movies but not M-rated games.

It just shows that video games haven't been fully accepted into the world as movies, T.V., comic books, etc.

 

[Gunner_Guardian]

One day we'll have a new scapegoat that idiots will blame for violence but for now video games are the force corrupting today's youth.

 

[HardRockSamurai]

It's pretty obvious that the ESA is going to win; I mean, how can the CTA justify advertising R-Rated movies, some of which are waaay more violent and profane than any video game ever could be, and not M-Rated games.

I just hope Fox News doesn't get their hands on this story; they'd probably just link it to street crime all over again.

 

[PizzaDentist]

One day we'll have a new scapegoat that idiots will blame for violence but for now video games are the force corrupting today's youth.

I nominate Twitter

 

[maddawg IAJI]

One day we'll have a new scapegoat that idiots will blame for violence but for now video games are the force corrupting today's youth.

Why can't we pin the trouble on Nasa or something. I mean when you ask a pre schooler what they wanna be when they grow up (Ignoring the Superheroes.) You usally get Astronauts. Those same kids grow up and do drive-bys. Where did that come from? I'll tell ya where. From Astronauts.


Why do I got a bad feeling that if I sent this joke to Fox they would actually air it.

 

[TheTygerfire]

Here's a thought... Take away age ratings, and the problem disappears.

No, the problem gets out of hand because there is no regulation. When you have ratings the entire weight of the problem rests on the parental responsibility, which is good because that should be in effect to begin with.

 

[ShadowKirby]

Here's a thought... Take away age ratings, and the problem disappears.

Very bad idea.

It's pretty obvious that the ESA is going to win; I mean, how can the CTA justify advertising R-Rated movies, some of which are waaay more violent and profane than any video game ever could be, and not M-Rated games.

True, and it's not like they will stop advertising R-rated movies. They would loose way to many money bu doing this.

 

[HobbesMkii]

Can't the CTA just refuse to advertise M-Rated and AO-Rated games on it's own, unofficially? Why did they need to legislate it?

 

[GonzoGamer]

It's about time they fight back.

 

[The_root_of_all_evil]

Under the terms of the CTA regulations, the lawsuit notes, advertising for the South Park [http://en.wikipedia.org/wiki/South_Park_(video_game)] television show would be allowed.

Quite right too that that *bbbbzt*ing *bbbbzt* *bbbbzt* *bbbbzt* of a *bbbbzt* *bbbbzt* movie would be *bbbbzt* allowed to *bbbbzt* show adverts, as my mother *bbbbzt* V-chip allows it through. The *bbbbzt* *bbbbzt* *bbbbzt*.

 

[Therumancer]

One day we'll have a new scapegoat that idiots will blame for violence but for now video games are the force corrupting today's youth.

We will, we saw the same kind of stuff about comic books for a long time, and eventually the Comics Code Authority and other regulatory efforts died.

But when video games are in the clear, something new will doubtlessly replace them.

 

[asinann]

Here's a thought... Take away age ratings, and the problem disappears.

No, then the government steps in and institutes their own rating system.

Can't the CTA just refuse to advertise M-Rated and AO-Rated games on it's own, unofficially? Why did they need to legislate it?

If the ESA can show an unofficial policy exists (through lack of M rated games advertising) they can sue over it.

 

[scotth266]

What is this, Lawsuits With Obvious Outcomes Week?

The ESA is totally going to win this one, for reasons stated above.

 

[scarab7]

I'm laughing at how to says fox tried to link the advertisements to a bad week of crime. Still think that the masses of people who don't like violent video games take into account what actually goes on in the game, just that it's rated M and should be demonized like a witch.

 

[Kross]

Can't the CTA just refuse to advertise M-Rated and AO-Rated games on it's own, unofficially? Why did they need to legislate it?

It's a public institution, and everything needs approval from public officials in some form. So, a private taxi company could arbitrarily refuse to carry ads from a given source, but a public utility like the Transit Authority can't discriminate in its advertising if it allows any.

 

[johnman]

Remember the good old days when dungeons and dragons was made illegal in some states as it promoted the occult?
These things pass

 

[theultimateend]

Here's a thought... Take away age ratings, and the problem disappears.

No, the problem gets out of hand because there is no regulation. When you have ratings the entire weight of the problem rests on the parental responsibility, which is good because that should be in effect to begin with.

There is no evidence to my knowledge that supports at a statistically significant level that there are any long term negative effects from playing video games of ANY variety.

Since the Atari violent Crimes in the US has been on a steady decline as games get more graphic and more violent overall. They may be unrelated but as it stands nationally the evidence just isn't there to say that games == bad.

There is no reason to have these labelings because parents shouldn't trust others to make judgements for them. THEY should be there with their kids and if they can't be we have much larger problems than video games.

There is no excuse to not be with your children as much as you can. If you can't because of society then society needs reworking if you can't because of personal choice then any problems with your child lie on your shoulders.

Might I also add that all the major complaints against games were made against literacy during the dark ages? It was looked at as an excuse to not live, it created mentally unstable people, and it took away from your much required time with god. Good to see we overcame that nonsense.

http://www.pbs.org/kcts/videogamerevolution/impact/myths.html