In a victorious test case for Florida operators, a jury acquitted Gail Fontaine, an operator and the president of the Florida Arcade Association, of illegal gambling charges in late August.
Although the state officially claims the verdict only applies to this one case, most legal experts familiar with Florida law believe it sets a precedent that will compel law enforcement in other jurisdictions to ease up on adult-style arcades. Florida’s adult arcades offer risk-reward gaming with high-value merchandise or gift cards as prizes.
Citing free-speech issues, a federal judge in Baton Rouge, Louisiana blocked the execution of a new Louisiana state law, HB 1381 in late August. However, a civil suit against the bill is still pending.
The legislation took effect on July 15, but the judge said that there were constitutional issues, plus a “vagueness” in the language that defines violence. In particular, the section that defines violence (HB 1381) bans the sale or rental of violent video games to minors, with punishments of up to one-year in jail and US$2,000 fines for convicted violators.
Illinois operators received a huge victory in the US District Court in late August. Judge Matthew F. Kennelly ruled that the State of Illinois must reimburse the video game industry more than US$510,000 in attorney’s fees for unconstitutionally attempting to legislate a ban on the sale of violent video games. Kennelly stated that any question of “dangerous speech” as it relates to the psychological development of children should be the domain of parents and families.
Industry members view this as a win for the industry, but also as a warning against wasting any more taxpayers’ money in court and attorneys’ fees on both sides.
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