James Delahunty
16 Apr 2007 18:46
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