Video games industry lobbyists and retailers have had their day in court – and emerged victorious. On Wednesday afternoon, a California judge ruled that the state’s game-restriction law was unconstitutional and effectively blocked the law from going into effect as scheduled on January 1st. The ruling was a major victory for game industry lobby Entertainment Software Association and for the Interactive Entertainment Merchants Association (IEMA), which is a game-retailer trade association.

Judge Ronald Whyte of the United States District Court for the Northern District of California made the ruling based on protection afforded to media by the First Amendment. Judge Whyte noted that “games are protected by the First Amendment”. As such, they are due the same protection of freedom of expression as books, films, television, and the press. This injunction blocks the law signed into law by Governor Arnold Schwarzenegger last month, and was made on the grounds that the terms of the law, as they are written, would “likely” be ruled unconstitutional. These terms include provisions such as the mandatory labeling of games deemed to be unsuitable for minor audiences.

The Entertainment Software Association and the Interactive Entertainment Merchants Association welcomed news of the injunction and vowed to keep fighting for gamers’ rights. “We are extremely pleased by today’s announcement,” noted ESA President Doug Lowenstein. IEMA President Hap Halpin greeted Judge Whyte’s decision with fighting words, expressing the opinion that the “government should not be involving itself in the entertainment decisions that consumers makeâ€�.

This is the sixth time that the Federal Court system has ruled to block or strike local and state laws governing the regulation of game sales to minors. In each case, the law in question concerned the sale of games based on the presence of mature content and adult themes. This past November, a Michigan judge ruled that a state law blocking the sale of mature-rated games to minors was unconstitutional and blocked the signed law from taking effect. And more recently, just three weeks ago, an Illinois judge delivered the same blow to an Illinois law that would have enforced similar restrictions on videos game sales.

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