The Entertainment Software Association (ESA) has good reason to celebrate this week. Just a few days ago, U.S. District Judge George Steeh granted the ESA’s request to prevent a controversial Michigan gaming law from taking effect. The law, also known as SB 416, would make the sale or rental of mature or adult-rated video games to minors illegal. Similar legislation to restrict the sale of violent games has already been passed in California and Illinois, but never before has such a law had such broad applications.

The Michigan law imposes severe sanctions on anyone caught selling games with mature-content to children under the age of 17. Retailers caught breaking the law will be subject to a $5,000 fine on the first offense, up to $15,000 in fines for a second offense, and as much as $40,000 per infraction for each subsequent offense. The controversy comes from a second application of this law: one which threatens jail time and a heavy fine for anyone aiding a minor to purchase or play the game. Individuals who are caught posing as a minor child’s parent or guardian in order to purchase the game are subject to a penalty of up to 93 days in jail and a fine up to $15,000. Additionally, business owners and managers who allow children under 17 to play, or even view, a violent game will face up to 93 days in jail and be slapped with a fine of up to $25,000 per incident. This last item, in particular, is a frightening prospect for game hall and arcade owners across Michigan.

Judge Steeh’s ruling effectively blocks SB 416 from going into effect as scheduled on December 1st. He explained his ruling, stating that the law would be difficult to enforce and uphold in practice and that it was “unlikely to survive the strict scrutiny� test imposed by the legal system. Siding with the ESA on all criteria considered, Judge Steeh deferred to prior legal precedent indicating that video games were protected as Freedom of Speech as detailed in the First Amendment. He also referred to a 1999 decision made by the Sixth Circuit Court to throw out a lawsuit launched against video game manufacturers after video games where blamed as a key cause of a Kentucky school shooting in 1997.

Though ESA can claim victory this week, the bloody legal battle is far from over. Though this recent ruling prevents currently SB 416 from going into effect right away, you can be assured that the State of Michigan will fight back with both guns blaring in the court system. Until then, Freedom of Speech prevails.

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