Judge Trashes Louisiana Govt. Over Failed Jack Thompson Law, Orders State to Pay Legal Fees

April 16, 2007 -
The U.S. District Court Judge who ruled that Louisiana's Jack Thompson-authored 2006 video game law was unconstitutional has ordered the state to pay the video game industry's legal fees, to the tune of $92,000.

In his ruling, Judge James Brady (left) issued a blistering criticism of the Louisiana legislative process which led to the passage of the law:
The court is dumbfounded that the attorney general and the state are in the position of having to pay taxpayer money as attorneys fees and costs in this lawsuit. The act which this court found unconstitutional passed through committees in both the State House and Senate, and to be promptly signed by the Governor.

There are lawyers at each stage of this process. Some of the members of these committees are themselves lawyers. Presumably, they have staff members who are attorneys as well. The State House and Senate certainly have staff members who are attorneys. The governor has additional attorneys -  the executive counsel.

Prior to the passage of the Act there were a number of reported cases from a number of jurisdictions which held similar statutes to be unconstitutional (and in which the defendant was ordered to pay substantial attorney's fees). 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.

Despite Judge Brady's surprisingly frank repudiation of both the video game law and the process that led to its passage, bill sponsor Rep. Roy Burrell (D) told Acadiana TV station KATC-3 he may try to pass another such bill in the future.

GamePolitics has the most complete coverage of the volatile Louisiana video game situation available anywhere.

Comments

Re: Judge Trashes Louisiana Govt. Over Failed Jack Thompson

This shows that the politics have been taken for a game. This is unusual for a country. Especially for an English country.

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DILSHI

Social Media Marketing
 

Re: Judge Trashes Louisiana Govt. Over Failed Jack Thompson

I took a big look through this which made me a little confused, But the story made me understand about the obligations which are faced by the judges it looks very interesting to see. The people will be having some doubts about this to have more consequences about it.

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GAYATHRI

Louisiana Treatment Centers

 

Re: Judge Trashes Louisiana Govt. Over Failed Jack Thompson

What the H***!!!

Yo! people need to see that videogames don't cause violence in minors!!! SOCIETY DOES!!!

That's true, it is better to

That's true, it is better to commit crime in games than in real life. It's the parents that need to tell their kids what they can and can't play, not the senators or lawyers who haven't been kids for years.

[...] Virginia Tech was a horrible event, and I have nothing but the deepest condolences for the people who have been affected by it. But one of the reasons it is so shocking and tragic is because events like it are so rare. Don’t let the media tell you otherwise. And then we get to Jacky Boy, who is in rare form. On Monday, he was assertively telling Fox that video games were to blame before anyone other than the police knew who the shooter was. The clips I saw described him as a ’school shooting’ expert. It failed to mention in any way, shape or form that his initiatives have cost taxpayers hundreds of thousands of dollars, or that he constantly faces serious legal complaints which risk professional sanctions and/or disbarment. [...]

@monte':

You are correct in stating that State judgeships are an elected position. There is also a position called a Court Referee which handles many of the same duties as a Judge, but is a HIRED position. Judges are required, by law, to handle Criminal matters and (I believe) Civil matters above a certain dollar limit.

Both Judges and Referees HATE to be overturned. They generally view it as a black mark on their record (more or less, depending on the case in question). However, as with any job, you do occasionally get some screwballs who work from their personal and political viewpoints, rather than enforcing the law.

i think they should pay more
the best part is that jt isn't even part of louisiana and because of him, they need to fork over 92000 ^_^

God I love judges. They always seem to bring a smile to my face. Favorite part of this post: "In this court’s view the taxpayers deserve more from their elected officials". Ouch. That had to hurt. Hopefully no one tries to get the judge removed.

Now on to the completely off topic dicussion of the Virginia Tech shooting. I heard about this in my car on the way home from work. My first thoughts were: "I hope he didn't play any video games, ever, in his whole life. Not even Solitaire." I knew He-Who-Must-Not-Be-Named would jump on this. I hoped that his Contempt cases would limit his ability to do so, but alas dreamers can't truely win.

It's probably too much to ask that he is not a game player even if only casually. Odds are this is a young, white, male in his 20s (prime gamer age). Odds are he has a huge list of risk factors that went largely ignored, and demonstrates a level of anti-social behavior. The problem with the video games are evil logic is that 99.9% of gamers don't commit violent crimes (who hasn't gotten a speeding ticket?). However,it seems that the majority is punished for the minorities actions.

@ Deathnote29
Even if they pass a law in Virginia banning video games, as this story demonstrates, the judges won't stand for it.

that is true but im sure they will still try to come up with some bs law

[...] [ed note 2] gamepolitics.com reports that Jack Thomspon’s authored and failed gaming law in Louisana has been deemed unconstitutional and thereby the State thanks to Jack owes the gaming industry’s lawyers 92,000 big ones.  [...]

Actually they're saying (unconfirmed as far as I know) that it was an Asian student in his mid 20's at Virginia Tech. They aren't positive exactly what happened, or if he was the perpetrator who killed the two individuals who died at the 7:15 EST shooting and the 30 who died during the 9:26 EST shooting or if these where two seperate unrelated incidents that happened to occur on the same day.

As for the judge I LOVE it when they dress down the legislature for being so stupid.

Miang

I hope the shooter wasn't a gamer. Then JT won't even be bothered with it.

Time for another media circus/whoring scare event...... Oh well, I don't watch the 24/7 "news" channels all that much anymore anyway. I could understand if they had new info, but spending all day on it rehashing the same info over and over and over again is almost like a brainwashing technique. Of course, like with Columbine, they (the media) won't take any blame if there are copycats after this and the 24/7 news coverage and attention they will (and are) giving it.

Of course Hack PI is on the case looking to push his agenda while screaming and laughing out loud I WAS RIIIIIIGHT BWAHAHAHA". Of course, before there are any facts in the case. It's even more disgusting that these stupid channels actually put him on the air to promote him and do anything to demonize something that at this point has no connection with what happened. By connection I mean his actually owning and playing violent games and that still doesn't prove anything unless it's all he owns along with movies, books and sites he visits. Then it just shows he had a obsession with violence, which could be a "warning sign" but it wouldn't be the cause.

If they really did wear a boyscout uniform then they're obviously ****** in the head. Though, killing someone, let alone 30+ people and injuring many others is a clear sign of that now. No sane person, in this type of situation, would do anything like that. Obviously.


Anyway, to get on topic.

Glad this judge came out and said this, I can't wait until the CA bill finally gets struck down and those fees are rewarded. After all this time I'm damn sure it'll be a lot. Speaking of wasting money, I need to vent some more about the whole "free ipods for students" thing Democraps tried to pull here in Michigan not too long ago.

@BearDogg-X

Deathnote is refering to judges on the state level, not the federal level; i'm not sure but i think the state level ones my be elected... though it is true that any state that has a judge that does rule in favor of the law, appeals against the law will probably move up the ladder until they get to the sumpreme court, where it would be ruled down by a federal judge.

@Deathnote29

Unlike politicans, such things do not work on judges. If a judge were to do such a thing, it would be considered a breach in judical ethics. If i understand correctly, the law is very strict about these things and a judge can be seriously punished if they tried to pull such a stunt; and it would not be hard to find a judge guilty if they were to rule in favor of a law that was clearly unconstitutional. Unlike politicans, Judges are forced to remain unbiased and follow laws strictly. Bascially a judge has more risk of loosing their job by doing what the soccer moms and the like want (and by extention going agianst the constitution), then they do by rolling over (like so many politicians).

i would think that when it comes to campaign adds, one thing i don't think you ever see against a judge is a smear compaign that critizes one of his rulings... afterall, judges are supposed to rule by the laws of the country and state, and thus critizing his rulling would be like calling him out on a breach of judical ethics... this in turn can be bad for the other judge running the add since its a bad thing to make such unfounded claims against the judge... Atleast, that's how i would imagine it would work...

I just can't believe it. I know I shouldn't be so surprised, but still... The bodies aren't even cold, we have no idea what kind of person the shooter was and already he's said video games are at fault.

The man is a vulture, plain and simple.

Hopefully even if it was a student, because he's somewhat older there'll be more of an inclination to hold him responsible for his own actions than say video games (or whatever) made him do it. Still, that didn't stop some, including JT, from saying Kimveer Gill was influenced by them, and already this has some very uncomfortable similarities to that incident.

Gameclucks said: "My greatest fear for America is that one day these worthless windmill-jousting leaders will infiltrate the judiciary branch of government, then our nation is DOOMED. "

Don't forget, our attorney general, Gonzales, is having to fight to keep his job because he looks like he assisted in just that - making the judicial a tool of the executive. Granted, he's not been fully implicated yet, the firings involved were attorneys and not judges, I think, and this probably didn't occur so that they could outlaw video games, but you can still see where this could end up in a few years if not checked by the citizenry.

As for JT, I know we talk all the time about how great it would be for him to be slammed with a slander suit, and it's not easy - but I have to wonder if he'd be vulnerable to one if the VA shooter proved to not be a gamer. If the claim was proven false, I'd say that accusing someone (the ESA) of being responsible for multiple murder based on nothing at all is both reckless and malicious.

It wouldn't surprise me if here in a couple weeks, a bill is drafted to outlaw violent video games in Virginia, and it also wouldn't surprise me if it became law. Stupid Jack. Blaming video games without looking for any other motive for the shooting.

yea i heard about the boy scout unform thing :( kind of strange

It is sad. As soon as I heard the news of the shooting, I said to my wife, "Someone is going to link it to video games." I knew it would be JT and that it would happen before anyone is able to make a profile of the killer. Apparently JT is in the wrong field and should be an FBI profiler for a living. All he has to do is hear what the crime is and boom! Its all because of video games.

JT must be psychic because the police haven't even identified the shooter, and he knows he's been playing GTA. He should join the FBI as a psychic!

@ Gameboy

Normally, you'd be right, but if JT can spin this tragedy in the right way and blame video games, a judge striking down the law could be seen as saying yes to more school shootings. Even though the judge knows it's unconstitutional, not a lot of people would be happy, and he might not get re-elected.

no ive been reading this site for quite some time, i just never took the time to register. believe me i know how nuts this guy is, even outside his video game antics.

Bu-bye, my state's money.

Sure, we're doing bad enough as is, but NOOOOOOO, we had to go pick a fight with video games.

he kept saying that this sort of thing is increasing nowadays, which im almost positive ive seen reports that state the opposite. i cannot believe how low this man can shoot for. we dont even know who this shooter was, if he even was a student or the age of a student, and yet jack has already closed the case and written up his statement.

All told, Louisiana is lucky that their AG at least knows when to cut his losses. That's why the legal bill is only $92,000 and not closer to half a million like Illinois's bill.

Either way it's great to see a judge trashing the legislature for passing such a bad law. Particularly how he points out the number of places where it should have been shown to be unconstitutional before being passed. Not to mention that he specifically points out that they've wasted taxpayer money on something they damn well should have known would be a waste of taxpayer money.

Sure it's not going to change anything, but it is nice to see this sort of "The Emperor has no clothes!" shout.

They haven't released a name or profile yet, but according to an eyewitness, the gunman was 19, Asian and wearing what was described as a "Boy Scout uniform." So already odds are it's probably a student.

This does not look good. :(

Glad some people still have a head on their shoulders.

Lmao

Man i didnt think i'd start a jt bashing moment but meh the loser deserves it.


i take it nothing new has been said yet about that shooting?

i just got off from the hell hole a while ago so im just surfing right now at the libary

33 victims. That's a ton of families for Jack to try and harass. Jack must be thinking his chances are pretty good with this one. More fish to take the bait. Maybe he can finally get a class action against Ol' R*.

Honestly I think he jumped up out of his seat when he heard the news. It makes me sad.

@jonc2006


you must be new here trust me jack's gotten a lot more insane then that

the archives here prove it

Majestic,

And it would work, too, if it weren't for those pesky, biased, paid-off judges forcing the states to fork over legal fees. Oh, and being a deadbeat of a state can get you in deep even further. Illinois had additional late fees tacked onto their bill. The judge can take further action, such as holding those responsible for settling the tab in contempt.

@ Deathnote29

Federal judges are appointed by the president and confirmed by the Senate and their terms are for life, they're not elected.

Whew, don't even get me started on the recent power-grab by the executive branch.

Let's just say that the Fall of Rome was preceeded by Caesar eroding the political abilities of the Representative Senate, and leave the rest to History.

Thankfully, judges still seem to value the role they have in upholding and protecting our nation's constitution, unlike Ashcroft, Gonzales, and about 90% of congress. God forbid they ever put the word "patriot" in an anti-videogame bill.

To me it sounded like the Judge was saying that these politicians are a waste of taxpayer money and not the bills they pass. Just think of it. If these politicians were out of office, then there would be no need to take these unconstitutional bills to court because there would be no unconstitutional bills.

@hillary

I was thinking the same thing when I was reading the article.

I don't think it will take him long to hope on the "GTA Killer" bandwagon.... wait can JT jump on it.... isn't he the bandwagon people ride on?

i dont know if you guys have seen or heard about this yet but there was a shooting in virgina tech today and i just saw jack thompson on fox news going off in a phone interview on the air about how this one is going to be linked to video games like all the other school shootings and his usual bullshit. god this guy never quits.

And to think, the people who passed this bill were reelcted last year despite giving such low pirority to Katrina. Are people in Louisiana that blind?

@InsidiousMrMoo

He does tend to have a history of being the bandwagon leader, thats for sure.

Why do those silly silly politicians keep trying to limit videogames... the courts, in my opinion, have been very clear about this topic already... Oh well, might as well just keep throwing away tax money on bills and whatnot that we already know will be deemed unconstitutional, I mean really, we don't have any other problems that tax money could help fix...

If JT started spouting his crap before we knew any of the details, we have proof he jumps on/leads the bandwagon...

I think I finally understand exactly what Jack's trying to do. The ESA has to constantly pay attorney's fees in order to defend themselves from the hack-job laws that Thompson somehow manages to get passed (before they are run over by a steamroller named free speech). Suppose that Thompson and the states involved have no intention of paying for those legal fees (in essence becoming dead beats). Don't you guys see? He's trying to force them into bankruptcy simply to defend themselves! It's absolute genius! Oh wait, you can go to jail for that, right?

@ Majestic:

Considering JT's outright admitted to hoping TT goes bankrupt from being taken to court so often, that doesn't surprise me.

@ Majestic

I believe that is exactly one of his tactics, if not his primary one. His goal is to either 1) Successfully get a law passed, opening the the floodgates for more legislation just as it was with Big Tobacco whom he's often compared the Games industry to or 2) Failing that, constantly sue them until they spend themselves into bankruptcy. Either way it's underhanded.

Never mind the fact that he's currently facing serious charges from the Florida Bar for misconduct. I'm sure that will put a serious dent in his plans. All someone has to do is bring it up and tell whatever families he approaches about it. It would make them think twice about dealing with him.

LOL stupid poloticans they should prove that they have a compellling intrest befor they craft another law. hey what do I know I am sick.

jack thompson press release about the recent story (school shooting cant remember where) that the killer trained of Grand theft auto vice city stories

in 3.2.1

@jonc2006

At least it was only Fox News.... I don't pay much attention to them anyway, and I suspect as Hilary said early we can expect him to make a press release here pretty soon.

It really is sad to see that the shooting in Virginia will once again fuel the fire for JT and crew.

A slightly unrelated post here. The news of that campus shooting broke only a few hours ago and Jacky is already spouting "It's because of those evil murder simulators." There are no reports out other then the fact that people died. Being on a school campus, it's likely that a majority of the victims were gamers.

Gameclucks,
Gotta remember that while this legislation was still being fought over, John Bruce was blasting the AG for holding press conferences about Katrina. As if the victims of Katrina were less important than his video game bill. I believe, in fact, that someone got an email from John Bruce (I don't remember who it was, but they can confirm this if they see it) where he said that Katrina was the Feds problem. John Bruce is well known for placing tragedies such as various forms of abuse (see Cody Posey case) and other tragic events (from real motievs behind suicides to real motives behind school shootings) in lower catagories of importance when it comes to his agenda of creating a dictatorship of telling individuals and Parents what is or is not appropriate.

But he isn't alone. A newspaper in NC also tried to downplay the issue of Katrina victims much in the same way. That story was reported here on GP as well, though I don't remember the date.


Now, for those out there who had trouble going through all the legalize that the Judge used, allow myself, a non-expert in law, to translate:

Ahem...

Judge (in Red Foreman (from That '70s Show) voice to all the government officials in LA involved in this issue:
"DUMBA**ES!"

There. How's that? :)

nightwng2000
NW2K Software

That money wasn't wasted...it was used to make the politicians behind the bill look good to fearful constituents. $92,000 is just the tip of the iceberg for this kind of propaganda-via-DOA laws.

thinkin of thompson what dya rekkon the odds are he'll find a link to games in the unfolding viginaia tech shootings?

Gotta love at the end the original bill sponsor may try to pass this bill again in the future...

"Despite Judge Brady’s surprisingly frank repudiation of both the video game law and the process that led to its passage, bill sponsor Rep. Roy Burrell (D) told Acadiana TV station KATC-3 he may try to pass another such bill in the future."

I mean after wasting tax payer money I think I would lay off a bit.

I really hope some voters in Louisiana pay attention to this and see how politicians are handling money they could be spent rebuilding the state.
 
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