Violent Video Game Law Enforced

Oct. 13, 2000 -- A new law prohibiting children from playing violent and sexually provocative video arcade games is set to be enforced in Indianapolis today.

An Indiana federal court lifted a temporary injunction Wedensday preventing the city ordinance from going into effect, and officials are expected to begin enforcing the measure, which requires anyone under 18 to get parental permission before playing violent or sexy video games. Arcades that violate the law face fines and could eventually be closed.

In a petition filed in state federal court in August, the American Amusement Machine Association, the Amusement and Music Operators Association and the Indiana Amusement and Music Operators Association sought and received a temporary injunction preventing the video game law from going into effect. The measure was originally scheduled to kick in on Sept. 1, but the city agreed to a voluntary temporary injunction until the legal challenges were resolved.

'An Odd Conception'In a ruling Wednesday, U.S. District Judge David Hamilton lifted the injunction and ruled the law could be enforced. Though he did not make a final decision on the challenges, Hamilton rejected the video game industry’s argument that the law, passed by the Indianapolis city council in July, is too broad and infringes on its constitutional right to free expression.

“ It would be an odd conception of the First Amendment … that would allow a state to prevent a boy from purchasing a magazine containing pictures of topless women in provocative poses … but give that same boy a constitutional right to train to become a sniper at the local arcade without his parent’s permission,” Judge Hamilton wrote in his ruling.

Indianapolis officials said Thursday they will start enforcing the law today, with initial emphasis on informing arcade owners of the law and inspecting various businesses. Lawyers representing Indianapolis Mayor Bart Peterson and Indianapolis law enforcement officials also named in the industry’s petition had argued that the law does not intend to eliminate violent games but regulate their access by young consumers.

First of Its KindThe ordinance — believed to be the first of its kind — was drafted by Peterson and prevents children under 18 from playing coin-operated video games deemed too violent or sexually explicit.

Such games must have warning labels on them, and arcade owners must keep them at least 10 feet away from nonviolent games. The labeled games also must be separated from the rest by a partition such as a wall or a curtain. Underage kids can only play these games if accompanied by a parent or guardian.

Businesses that fail to follow the law could be fined $200 for each violation. Businesses with three violations within a year have to remove the violent games altogether and could have their amusement machine licenses revoked.

The AAMA and the AMOA and several local game distributors and arcades argued the provision is unconstitutional, censoring the industry’s right to freedom of expression. Video game industry officials complained the city ordinance is too broad and does not sufficiently explain what games would be considered excessively violent or sexually graphic. They also said the Indiana ordinance was unnecessary because the industry has had a rating system in place for six years where they tell consumers, particularly parents, which games are “suitable for all ages” or contain strong or mild violent and sexual content.