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

@Rammsoldat

of course he'll "find" a link. all college kids are nothing but drunks who play those awful murder/rape/satanist/voteDemocrat/punchababy/converttoIslam simulators.

duh!

I wouldn't be too harsh on the politicians- they often end up between a rock and a hard place with these kinds of things. If you oppose such a bill (even if you believe in it, but know it won't fly), the religious zealots and soccer moms will label you a pro-porn sicko who wants to harm children.

To quote Benjamin Franklin: "The definition of insanity is doing the same thing over and over and expecting different results."

Accordingly, both JT and Rep. Roy Burrell should be institutionalized to protect the nation from future harm.

I'd like to see some major press outlet pick up on this and challenge Burrell to explain why they're spending money on defending a statute that had little to no chance of surviving a legal challenge when New Orleans and other parts of his state still need help to recover after Katrina.

It's pretty disgraceful that they'd flush so many hundreds of thousands of dollars on this bill - and then go on to plan another! - when there are so many, more worthwhile, projects that the money could be used on, especially in Louisiana.

*Some authority

OH SNAP! :)

I just had this vision of Judge Brady stopping for a second, grabbing some bits of card from behind the bench, and handing it to the state reps, going "here's your sign". :D

I agree with VioletSon. The politicians will argue that the $92,000 was "worth it" to "try to save the children"... Horray for spin...
-- If your wiimote goes snicker-snack, check your wrist-strap...

I'm hearing Jack was on CNN, too.

Is anyone shocked? That exploitationist monster was probably rubbing his grubby hands as soon as he heard the news. He's probably already trying to find out anything he can about the victim's families so he can "grieve with them," and leave them with a business card at the same time.

Well that's several more Katrina-ravaged Louisiana homes that could could have been rebuilt, but instead, politicians decided to spend the money chasing after bogeymen in the interest of "protecting the children."

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.

RAPED :)

92,000, rofl.

that's awesome.

If we could pan the camera down, we could see Brady's foot on JT's crotch.

@gameclucks:

It's a concern, but probably not as bad as you think. The advantage we have is that the laws bozos like Burrell are trying to pass are so blatantly unconstitutional that it's not even a question of whether it should be struck down. Any judge, whether he/she personally agrees with the legislation or not, would be EXTREMELY hard-pressed to let it go through and still keep their seat. It'd be totally obvious that they weren't impartial, and besides, said ruling would probably get wiped out via appeal anyway.

Agreed, that law was just to make the folks 'back home' feel warm and fuzzy about their vote and less about actually doing anything, except perhaps giving JT some air time he didn't need. To say this was a big waste of taxpayer's money would be an understatement, and I can only hope that the voters will pay attention to this stuff and hold these guys responsible for wasting it.

2 words Mr. Brady - "Political Agenda". They knew this would happen, they just didn't care. Good job for undermining their position though, just a shame your words won't be heard above the idiots passing the bills and those cheering them on (read NIMF and other such organisations).

Still, it's always nice to hear a voice of reason and from someone of come authority.

I hope that the industry extracts money from California in the future for the same reason. Leland Yee (and Schwarzenegger to a lesser extent) needs a PERMANENT lesson in how the US Constitution works.

Activist Legislators: Children and Video Games -- Yet Again...

As I have noted repeatedly on this blog, every single effort to regulate the sale of video games to minors has (correctly) been struck down by courts. Every single time.

Which of course is not stopping New York's activist governor, Eliot S......

[...] It will also be difficult to pass this law and, then, keep the law on the books.  Louisiana just lost such a case.  In fact, the judge berated the state for not paying attention to what has happened to similar laws in other states.  Still, the group said they were not deterred and that they were going to try again, wasting millions of dollars more on something that most stores already voluntarily do. [...]

[...] You don’t? Don’t worry, Mayer Menino does and that’s all that matters for the nation. It should also come as no surprise that Jack Thompson helped with drafting bill HB1423. The bill resembles the Louisiana one that got shot down in court last year. Maybe the violent video game opponents haven’t played enough games when they were kids themselves. Guys, there’s no reason to die two times in a row on the same place, you can only lose XP! [...]

[...] Perhaps having a U.S. District Court judge tear apart the Louisiana video game law he wrote on First Amendment grounds somehow qualifies him, in Fox’s view. [...]

[...] I could go on forever about this shit, but I’m going to wrap things up here. I’d like to say that I think it’s great to see prominent figures like Stephen King speak out about things like this. Unless you bring the idiocy of these kinds of things to the forefront, states like: Massachusetts, Arizona, Louisiana, Minnesota, New York, Utah, Kansas and California, are just going to slip them into law without true opposition. And since no one really takes the gaming community seriously, it’s even better to have a non-gamer speak up and say “Hey - I think this is bullshit too”. [...]
 
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MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
 

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