State bill would ban adult games for minors
May 11, 2005
BY DAWSON BELL
FREE PRESS STAFF WRITER
The drive to limit kids' access to violent and obscene video games in Michigan reached passing speed Tuesday with movement in both the state House and Senate to place new restrictions on retailers.
In the House, lawmakers approved, 108-0, a measure to add video games to the state obscenity statute, effectively making the sale or rental of sexually explicit video games equivalent to distributing pornography.
In the Senate, a more divided committee approved a proposal to ban the sale and rental of adult-rated video games to those under 17. It is expected to be voted upon by the full Senate by the end of the week, and it is expected to pass.
Gov. Jennifer Granholm, who has several times called on the Legislature to enact tighter video game restrictions, has said she is ready to sign any version that reaches her desk.
The Senate legislation is substantially more restrictive than that approved by the House, proposing criminal penalties for distributing to a minor a video game the industry has rated for mature or adult players.
Industry representatives warned again Tuesday, however, that the restrictions on violent games will be challenged in court and almost certainly will be found unconstitutional.
Gail Markels, general counsel for the Entertainment Software Association, said adding video games to obscenity statutes and treating them in the same way that movies, videos and magazines are treated, is legally permissible.
But attempts to single out video games with violent content have been struck down in jurisdictions all over the country as a violation of the First Amendment, she said.
Lawmakers, however, said they are under increasing pressure from parents to do something about the widespread availability of gratuitously violent and sexual video games.
State Sen. Mike Bishop, R-Rochester, said he frequently hears from parents at school events in Oakland County.
"They feel like it's just overwhelming ... and they don't know what to do," Bishop said. "They don't know how to protect their kids."
Rep. Leon Drolet, R-Clinton Township, was among three representatives who voted against a related bill that would require video game retailers to post a sign explaining the rating system for the games, including what scenes and situations are allowed for each rating.
Drolet said the bill is an attempt to interfere with private businesses.
Contact DAWSON BELL at 313-222-6604 or
dbell@freepress.com. The Associated Press contributed to this report.