City Sued Over Shutdown of Controversial Video Game Exhibit
City Sued Over Shutdown of Controversial Video Game Exhibit
June 9, 2009
The New York Civil Liberties Union has filed a federal lawsuit claiming that the city of Troy, New York and its Public Works Commissioner suppressed free speech by shutting down a controversial video game exhibit in March, 2008.
GamePolitics readers may recall our extensive coverage of the politically-charged situation surrounding Iraqi-born artist Wafaa Bilal. His Virtual Jihadi exhibit employed a modded PC game which included a mission to blow up then-President George W. Bush. Bilal said that the exhibit was intended to express his view that U.S. policy in Iraq helped create terrorists.
Bilal, a U.S. citizen and a faculty member at the Art Institute of Chicago, was invited to display his work at Rensselaer Polytechnical Institute in Troy but was abruptly ordered off campus after the school's College Republican Club raised objections to the game. Bilal was then offered space to display Virtual Jihadi at a nearby gallery, the Sanctuary for Independent Media.
The gallery, however, was suddenly shut down for building code violations by Troy's Public Works Commissioner, Robert Mirch (left). Mirch, who is named as a defendant in the suit, had earlier led a demonstration protesting the exhibit. He called the suit politically motivated.
The Albany Times-Union offers comment on the suit from Melanie Trimble of the NYCLU's Capital Region Chapter:
City officials cannot selectively enforce building codes to shut down an art exhibition they find distasteful. Mr. Mirch abused his authority to suppress the free speech rights of people he disagree with, an unconstitutional act that must be challenged.
According to the Times-Union report, the NYCLU seeks a court order to block the city from using its building code to infringe on civil rights. The suit also seeks damages on behalf of the non-profit which owns the Sanctuary for Independent Media as well as for the gallery's executive director. The NYCLU has posted a press release on the suit.
DOCUMENT DUMP: Grab a copy of the complaint from the NYCLU website...
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Posted 02/09/10 at 03:14pm
Valdearg: IE: Male body/Female Mind or Female Body/Male Mind.
Valdearg: IE: Male body/Female Mind or Female Body/Male Mind.
Posted 02/09/10 at 03:13pm
Valdearg: @Zip: TG == Transgendered/Transsexual.
Valdearg: @Zip: TG == Transgendered/Transsexual.
Posted 02/09/10 at 03:09pm
DarkSaber: Forget it Zippy, it's an abbreviation of a big word and so would be wasted on you
DarkSaber: Forget it Zippy, it's an abbreviation of a big word and so would be wasted on you
Posted 02/09/10 at 03:07pm
ZippyDSMlee: Vlag:....TG?
ZippyDSMlee: Vlag:....TG?
Posted 02/09/10 at 03:02pm
Valdearg: @DS: Im sure that's what they'd do if it wasn't legal to just tell Gays/TG's to "Screw off," just because they're who they are.
Valdearg: @DS: Im sure that's what they'd do if it wasn't legal to just tell Gays/TG's to "Screw off," just because they're who they are.
Posted 02/09/10 at 02:50pm
DarkSaber: Whoever told him/her/it that is dumb. They should have done like most companies and made-up some bullshit, yet legal, reason for it not getting the job.
DarkSaber: Whoever told him/her/it that is dumb. They should have done like most companies and made-up some bullshit, yet legal, reason for it not getting the job.
Posted 02/09/10 at 01:16pm
Andrew Eisen: Shouldn't be. Spirit of anti-discrimination laws would seem to include sexual orientation (and eye color). Plus there's always equal protection and such. Never know until you try.
Andrew Eisen: Shouldn't be. Spirit of anti-discrimination laws would seem to include sexual orientation (and eye color). Plus there's always equal protection and such. Never know until you try.
Posted 02/09/10 at 01:10pm
Andrew Eisen: Should have sued (unless that wasn't an option given her financial situation or something). Might have won.
Andrew Eisen: Should have sued (unless that wasn't an option given her financial situation or something). Might have won.
Posted 02/09/10 at 01:00pm
Valdearg: Story about a Male to Female TG who was expressly told she wouldn't be given a job because she was TG. Its not the main point of the story, but explicit, perfectly legal discrimination like this exists.
Valdearg: Story about a Male to Female TG who was expressly told she wouldn't be given a job because she was TG. Its not the main point of the story, but explicit, perfectly legal discrimination like this exists.
Posted 02/09/10 at 12:53pm
Valdearg: Lol, I don't know. It may very well be legal to do so. Though that might able to fall under the "race" restriction, depending on how that point is argued.
Valdearg: Lol, I don't know. It may very well be legal to do so. Though that might able to fall under the "race" restriction, depending on how that point is argued.
Posted 02/09/10 at 12:51pm
Valdearg: I don't think they do have any legal recourse. I'll have to dig around, but I seriously believe that if the law doesn't specifically mention Sexual Orientation or Gender Identity, they can still be discriminated against in those 29 states.
Valdearg: I don't think they do have any legal recourse. I'll have to dig around, but I seriously believe that if the law doesn't specifically mention Sexual Orientation or Gender Identity, they can still be discriminated against in those 29 states.
Posted 02/09/10 at 12:51pm
Andrew Eisen: Eye color isn't covered either but I doubt it would be considered legal to refuse to hire people with green eyes.
Andrew Eisen: Eye color isn't covered either but I doubt it would be considered legal to refuse to hire people with green eyes.
Posted 02/09/10 at 12:48pm
Andrew Eisen: My explanation is longer than the Shoutbox will allow. Suffice to say that while those who are discriminated against do have legal recourse, anti-discrimination law should specifically cite sexual orientation so that there’s no question about it.
Andrew Eisen: My explanation is longer than the Shoutbox will allow. Suffice to say that while those who are discriminated against do have legal recourse, anti-discrimination law should specifically cite sexual orientation so that there’s no question about it.
Posted 02/09/10 at 12:42pm
Valdearg: "There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states, and in 38 states to do so based on gender identity or expression." From the Human Rights Campaign.
Valdearg: "There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states, and in 38 states to do so based on gender identity or expression." From the Human Rights Campaign.
Posted 02/09/10 at 12:40pm
Valdearg: @AE: Why don't you think I'm correct? I know Wiki could be flawed, but as far as it says, its up to date as of June 2009.
Valdearg: @AE: Why don't you think I'm correct? I know Wiki could be flawed, but as far as it says, its up to date as of June 2009.
Posted 02/09/10 at 12:39pm
Andrew Eisen: I don't think you're right but I really don't know and don't have the time to find out. However things actually are, it's very clear how they actually should be.
Andrew Eisen: I don't think you're right but I really don't know and don't have the time to find out. However things actually are, it's very clear how they actually should be.
Posted 02/09/10 at 12:34pm
Valdearg: "just because there's no specific state level protection for it, doesn't make discrimination right or legal." I would disagree. If there's no laws against it, it makes it perfectly legal. It's definitely not right, but perfectly legal to do.
Valdearg: "just because there's no specific state level protection for it, doesn't make discrimination right or legal." I would disagree. If there's no laws against it, it makes it perfectly legal. It's definitely not right, but perfectly legal to do.
Posted 02/09/10 at 12:33pm
Valdearg: Meaning in 29 states, private sector discrimination against gays is perfectly legal.. Sickening.
Valdearg: Meaning in 29 states, private sector discrimination against gays is perfectly legal.. Sickening.
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Comments
I'm surprised this didn't happen sooner.
I wonder if this is going to garner major media attention.
Republicans love to sound like they are couragous freedom fighters...
But they are scared of a video game. Cowards they are.
Everyone should just stop being scared of little things.
What about the Ebola virus? That's quite a little thing indeed, but definitley something to be scared of!
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I LIKE the fence. I get 2 groups to laugh at then.
Hillary Clinton and Jennifer Granholm both seemed pretty afraid of video games, didn't they? =p
-If an apple a day keeps the doctor away....what happens when a doctor eats an apple?-
Aren't the people you speak of usually some of the first to try and silence speech they disagree with?
They are freedom figheters.
Fire fighters fight fire, crime fighters fight crime, so of course these people qualify as freedom fighters (that joke comes from George Carlin).
Although I wouldn't use the actions of a these republicans to condmen all republicans.
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Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.
Whatever happened to subtlety in art?
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Believe in something! Even if it's wrong, believe in it! -Glenn Beck
The general dumbing-down of society, sadly.
Oh, subtlety in art still exists, but these days an artist can't do a famous exhibit without being part of a "cause" or a "movement".
GameSnooper
Unlike the building code violation shutdown.
That's what went through my mind right after I went well DUH give that man a cookie he figured out the suit against him is politically motivated after he used his position in power to shut down an exhbit due to his own political motives.
""Since I haven't seen it, I can't comment on what I haven't seen,'' Mirch said."
Wow... just wow...
call me crazy but i think speaking out and leading protests against the game qualifies as "commenting on it"
Let him burn in court
Shuutting down the entire building due to a door code is as asinine as shutting down an entire amusement park because one gate on one ride has a rusty hinge.
What a slimy politician. I was wondering when something like this would happen in regards to this display. Seriously, this kind of thing sounds like what the Mafia would do to put pressure on someone. Pay or threaten a well-placed politician to shut down someone who is resisting them.
No, I'm not accusing anyone of having Mafia ties, I'm just saying it sounds kind of like some sort of Mafia movie.
I hope the city loses. Sucks for the taxpayers, but the city had no right to deny him like that. Quite clearly politically motivated.
-If an apple a day keeps the doctor away....what happens when a doctor eats an apple?-
Well, finding a way to shut down the exhibit was clearly politiclaly motivate.d What goes around comes around.
Sigh, another sad sign of local government insanity. What's depressing is how often this kind of stuff happens, a pity it's not more economical to fight local government. Takes a ruckus like this to get enough attention to even have a shot.
Upstate New York can often be a lot like downstate Alabama: Redneck and Republican.
*AHEM* Fortunately not all in Alabama are like that. (We just get drowned out by their yelling)
Hunting the shadows of the troubled dreams.
Sterotypes do not represent the entirety, they just represent the loud obnoxious ones that nobody likes.
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I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"
It sucks for the tax payers when idiots like this run these departments. The tax payers suffers not this guy. Isnt there a way to get this guy to foot at least 75% of the bill. Its time that these officals start paying out of their own pockets for their stupidity. If you dont want the responsibility then do NOT take the position.
Too bad that here in Brazil noone can do like there and sue the government for banning more videogames than China (yes, Brazil banned more games than China! Where China nowhere say that censhorship is banned, and Brazil constitution has a clone of first amendment, clearly saying that censhorship is illegal)
criadordejogos.wordpress.com
That kinda suck. I know Brazil home of beautiful beaches and the ladies!! But banning game, god !! I wish all the models would boycott this banning of game by protesting the government. They could try no modeling business until video game ban lifted. That would be a sure fire way to get the ban lifted. I wonder how many politicians secretly look at monthly magazine full of hot models.
I hope he loses or at the very least feels the pressure from the courts.
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Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.
I was wondering when this lawsuit would come.
"Mirch began collecting signatures today on petitions for his re-election bid for the Rensselaer County Legislature. Mirch, a Conservative, is the legislature's majority leader."
Hmmmm....
Hunting the shadows of the troubled dreams.
we have games that let you kill sadaam in a street fighter like grudge match.
You are right. It's not all republicans. It's just the loud ones. I wish some of the fiscal republicans would speak up nice and loud to drown out these retarded moral republicans.
And Hillary is scared of video games. She's so old when she sneezes dust clouds rocket out from under her skirt.
Nelson: *points and laughs at the city being sued* Hah ha.
Regardless of the political affiliation of the misguided civil servants, I wanna point out this is a 1st amendment issue, like most restrictive videogame legislation attempts. Whether or not you like the guy's "art" he certainly has the right to make it and others have the right to display it.
I rarely find myself sticking up for Republicans, but this pandering idiocy is truly bipartisan. I've been watching politicians fighting our constitutional freedom by attempting to wrongfully legislate music and videogames since Tipper Gore was outraged by sexy lyrics and then-Democrat Joe Lieberman bemoaned the videogame violence. Nader had some anti-games rhetoric in his platform also. Going for the culture war win is a tactic employed by all parties, and it is anti-American IMHO.
blaming hobbies like politicians do should be as much of a no-no as saying the n word in public. I'm serious
Delet This i pressed wrong button
Right, so we can blow the shit out of every Arab we see in ever modern shooter set in present day, and that's okay, but playing an Arab who's out to shoot at Americans is BAAAD!
Yah... sure.
I can think of a lot of groups that will be watching this case closely.
Building Code Violations are a classic way for local government to shut things down that they find politically inconvenient yet no law actually exists against. It has been used by Philadelphia many times on the BDSM, Burner/PEX, and Swinger communities for instance. People are less willing to stand up for sexual deviation, but maybe a more artsy case like this (that more people will get behind) will set a useful precedent.