Louisiana forced to pay attorneys fees to ESA

A federal judge has awarded attorneys fees to the Entertainment Software Association (ESA) after a law punishing retailers for selling violent video games to minors was struck down last year. The state will now have to pay the ESA's $91,000 legal bill. The law originally passed in July 2006, and would have fined retailers between $100 and $2,000 and also subjected them to up to one year in prison for selling violent games to minors.

The ESA immediately filed a lawsuit, claiming that the law was unconstitutional. Judge James Brady agreed and in August 2006, issued a preliminary injunction against it. In November, Judge Brady made it permanent.

"This Court is dumbfounded that the Attorney General and the State are in the position of having to pay taxpayer money as attorney's fees and costs in this lawsuit," wrote Judge Brady. "The Court wonders why nobody objected to the enactment of this statute. In this court's view, the taxpayers deserve more from their elected officials."

Louisiana has joined several other states that have been forced to pay the ESA's legal bills. "It's unfortunate that some officials continue to believe that unconstitutional laws are the answer, when time and time again courts have thrown out these bills and proven them to be a waste of taxpayers' dollars," said Gail Markels, senior vice president and general counsel of the ESA in a statement.

Source:
Ars Technica

Written by: James Delahunty @ 16 Apr 2007 18:46

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8 comments

borhan9

91,000 is alot of money. Is the ESA the new MPAA and RIAA??

16.4.2007 21:53 #1

bigdawg10

I think the ESA figures if the governments are going to throw money into something as stupid as fining and putting people in jail for selling a violent video game (not drugs or guns or the actual serious stuff they should be worried about) then why not let them pay for making the ESA go to trial? Also considering they keep repeating the same exact laws that keep getting told they are unconstitutional everywhere else. They aren't asking for anymore money other then what these idiots cost them to take it to court. $91,000 is alot to you or me, but they blow that kind of money on nothing all the time in government because they really don't care what happens as long as they put on a good face to get elected.

17.4.2007 08:00 #2

ZippyDSM

borhan9
you do understand thats their legal costs and since they won in court the loser must pay and since these laws are unconstitutional someone will have to take them to court.

sadly the state blew this money tryign to pass a failed bill not to mention wasting time on something like this when they real issues to deal with.

17.4.2007 08:18 #3

borhan9

I understand that the money is court costs. It seems that this has a two parter to it and as we say watch this space.

17.4.2007 12:15 #4

ZippyDSM

Originally posted by borhan9:I understand that the money is court costs. It seems that this has a two parter to it and as we say watch this space.not to mention they are going to try and pass another version of this bill in the future I fing hate polis mindless vote pandering demons...

the ECS was formed mostly to fight the fools that think tis cute to waste time and moeny to pass illicit anti game laws they have yet to become a real consumer group and are much to close to the industry for my liking prehaps in time they will try and loosen the abustries in the indutry like the ban on retial sale of used PC games but seeing as they come from the indutry I don't think they can properly critique it...

17.4.2007 12:33 #5

wetsparks

19.4.2007 13:55 #6

ZippyDSM

Quote:[quote]A federal judge has awarded attorneys fees to the Entertainment Software Association (ESA) after a law punishing retailers for selling violent video games to minors was struck down last year. The state (Louisiana) will now have to pay the ESA's $91,000 legal bill.As if Louisiana doesn't have anything better to spend money on. Oh wait, didn't something happen in New Orleans not to long back? /endsarcasm Seriously, that is money best spent elsewhere cleaning up after a huge hurricane that stupid bullshit like this.[/quote]
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while thats true it was the state government who decided in their arrogance to pass this law during the time after Katrina then the law had to be struck down thus whos to blame not the ones suing to get rid of the illegal law but the state and since its leaders cant be fined for screwing over the populace with bad laws the courts has decided that they have to pay the other side back.

its called checks and balances as wonky as they are..LOL

19.4.2007 14:00 #7

wetsparks

Quote:A federal judge has awarded attorneys fees to the Entertainment Software Association (ESA) after a law punishing retailers for selling violent video games to minors was struck down last year. The state (Louisiana) will now have to pay the ESA's $91,000 legal bill.As if Louisiana doesn't have anything better to spend money on. Oh wait, didn't something happen in New Orleans not to long back? /endsarcasm Seriously, that is money best spent elsewhere cleaning up after a huge hurricane that stupid bullshit like this.
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while thats true it was the state government who decided in their arrogance to pass this law during the time after Katrina then the law had to be struck down thus whos to blame not the ones suing to get rid of the illegal law but the state and since its leaders cant be fined for screwing over the populace with bad laws the courts has decided that they have to pay the other side back.

its called checks and balances as wonky as they are..LOLTo bad the courts cant do more.

God hates console fanboys. Heres the proof....
http://cad-comic.com/comic.php?d=20050205

20.4.2007 14:26 #8

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