Games industry non-profit trade groups the Entertainment Software Association and the Entertainment Merchants Association have successfully managed to obtain a temporary injunction on Jack Thomson’s latest attempts to enforce fines and even imprisonment on retailers found to be selling games containing violent content to minors.
Louisiana Governor Kathleen Blanco last week signed off Thomson’s HB1381 legislation, under which violators would face fines of up to $2,000 or one year in prison, or both.
The ESA believes Thomson's bill to be "unconstitutionally vague" and U.S. District Judge James Brady has immediately issued a temporary restraining order barring authorities from enforcing the measure.
As in similar cases in California, Illinois and Michigan, the ESA will continue to argue that every previous legislative attempt to restrict violent video games has been struck down as unconstitutional and a violation on freedom of speech.
New Orleans attorney James A. Brown drew parallels between video games and movies, literature, music, art and other forms of non-obscene expression protected by free-speech rights. According to Brown the Louisiana law could lead to "arbitrary and discriminatory" enforcement.
A court hearing of the request by the ESA and EMA has been set for June 27, before the U.S. District Court for the Middle District of Louisiana in Baton Rouge.