Statement of Video Software Dealers Association Regarding Favorable Ruling in Challenge to Video...

Entertainment Editors/Business Editors

ENCINO, Calif.--(BUSINESS WIRE)--July 10, 2003

Bo Andersen, President of the Video Software Dealers Association (VSDA), released the following statement following today's granting of the motion for a preliminary injunction in the VSDA et

"This is a victory for the First Amendment rights of video retailers and their customers. It affirms that the government cannot restrict access to video games, even those that are -- in the court's words -- `obnoxious,' just because it doesn't like the messages they contain.

"While VSDA does not believe that children should be able to obtain video games that their parents determine are not appropriate for them, we are pleased that the court agrees that the solution devised by the state of Washington is `arbitrary' and `too broad' and likely infringes the constitutional rights of video retailers and the customers. The better solution is for the industry to continue to educate parents about video game ratings and for parents to utilize those ratings to make informed judgments about the games that they permit their children to play."

VSDA et al v. Maleng involves a legal challenge to a recently passed law in Washington state that would impose fines on retailers that rent or sell to persons under age 17 video games that depict harm being inflicted on law enforcement officers. The bill was slated to go into effect on July 27. The plaintiffs are seeking to have the law overturned because it would violate the First Amendment rights of retailers and their customers. The suit also charges that the law is so vaguely written that retailers cannot be sure which games would be covered by the restrictions. Additionally, it alleges that the law unfairly singles out video games, as similar images in movies, books, and magazines are not covered by the law.

Today's ruling was on the plaintiffs' motion for a preliminary injunction, which was granted and will bar enforcement of the law while the legal challenge is pending. In addition to VSDA, the other plaintiffs are the Interactive Digital Software Association (IDSA), the Interactive Entertainment Merchants Association (IEMA), the International Game Developers Association (IGDA), Hollywood Video, and the Washington Retailers Association. The lawsuit is being heard by Judge Robert S. Lasnik in the federal district court in Seattle, Washington.

Established in 1981, the Video Software Dealers Association (VSDA) is the not-for-profit international trade association for the $20 billion home entertainment industry. VSDA represents more than 1,500 companies throughout the United States, Canada, and a dozen other countries. Its members operate more than 12,500 retail outlets in the U.S. that sell and/or rent DVDs, VHS cassettes, and console video games. Membership comprises the full spectrum of video retailers (from single-store operators to large chains), video distributors, the home video divisions of major and independent motion picture studios, and other related businesses that constitute and support the home video entertainment industry.