Legal Niches

Judge: Chicago Transit Authority Cannot Ban VG Ads

By pete_gallagher

The Entertainment Software Association (ESA) has won a preliminary injunction in its lawsuit against the Chicago Transit Authority (CTA) over the banning of advertisements for adult-rated videogames.

An ordinance (008-147) that took effect in January of 2009 prohibited any advertisement that 'markets or identifies a video or computer game rated ‘Mature 17+' (M) or ‘Adults Only 18+' (AO).'  The ESA argued that such a ban unconstitutionally 'restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so.'

The United States District Court for the Northern District of Illinois granted the ESA an injunction, with Judge Rebecca R. Pallmeyer stating:

…the advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns.

The ESA further challenged that the CTA ordinance is redundant since videogame-related marketing is already regulated by the Entertainment Software Rating Board's (ESRB) Advertising Review Council.

ESA President Michael Gallagher was obviously pleased:

This ruling is a win for Chicago's citizens, the video game industry and, above all, the First Amendment. It is our hope that the CTA sees the futility of pursuing this case further. To do so will waste taxpayer money and government resources.

Full post as published by GamePolitics.com on January 08, 2010 (boomark / email).