The Entertainment Software Association has filed its ninth lawsuit as part of its fight against legislation regulating violent video game sales to minors, this time against the state of Oklahoma.

The lawsuit, filed by the ESA and the Entertainment Merchants Association on June 23 in Oklahoma Federal District Court, seeks to overturn a new law that would fine consumers up to $1,000 for selling, renting, displaying video games containing "inappropriate violence" to consumers under 18.

The lawsuit alleges that the law violates the First Amendment and other U.S. Constitution provisions by imposing criminal penalties on the sale, rental or display of video games based on their content. It states the law is rifled with "unconstitutionally vague" terms and doesn't specify which games are covered under the law. The suit argues that the law is so vague state authorities could interpret it to include cartoon games and games rated T for "Teen" or E for "Everyone."

The suit also says the law impinges on retailers rights to let consumers sample video games via game footage previews on in-store monitors and further restricts speech and freedom of expression as retailers try to reach willing consumers.

"Legislators have sold parents a bill of goods for political expediency," Doug Lowenstein, president of the ESA, said in a statement. "They know the bill will be struck down, they know it's based on bad science, and they know it won't help parents do their jobs."

This lawsuit takes other ESA suits a step further, in that it attempts to define "violence."

Oklahoma Gov. Brad Henry signed the video game bill into law on June 9; under its terms, consumers (including minors' parents and guardians) would be prohibited from giving or showing minors inappropriate violent games. In addition, retailers would be barred from displaying violent video games where minors could see them unless retailers use "blinder racks" to hide the lower two-thirds of video game packages. Merchants would also be required to check ID similar to purchases for alcohol and tobacco.

The new law, which takes effect Nov. 1, also criminalizes the distribution of violent video games by parents. The law defines violent video games as those that use brutal weapons designed to inflict the maximum amount of pain and damage, contain graphic violence used to shock or stimulate, endorse torture or excessive weaponry and trivialize the seriousness of realistic violence.

Violators would be fined up to $500 for their first and second offense; consumers with subsequent violations would be fined up to $1,000, according to the Oklahoma law. The ESA and EMA, a non-profit trade association formed in April through the merger of the Video Software Dealers Association (VSDA) and the Interactive Entertainment Merchants Association, are seeking to overturn the Oklahoma law and recoup lawyers' fees.

The latest lawsuit is the ninth that ESA has filed against states that have passed similar bills (Xtra, June 20, 2006).

Six courts nationwide have struck down similar laws over the last five years, the ESA said. Lawsuits filed by the ESA and EMA are currently pending in Illinois, California and Minnesota.

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