Dear IGDA Member/User,

[Urgent: This issue needs immediate attention.
Please read details below and follow request for action.]

I am writing to ask for your help in responding to recent attacks on video games by the New York legislature. Bills introduced by both chambers would, among other things, make it a felony to sell or rent to any minor a game that contains "depraved violence".

GamePolitics has run several posts on this:

- NY Game Law Could Mean a Lifetime Behind Bars for Retailers http://gamepolitics.com/2007/06/01/attorney-ny-game-law-could-mean-a-lifetime-behind-bars-for-retailers/

- Lightning Round for NY Assembly: Video Game Bill Passed in a Day http://gamepolitics.com/2007/05/31/lightning-round-for-ny-assembly-video-game-bill-passed-in-a-day/

- Game Retailers Say No Sale to NY Video Game Bill http://gamepolitics.com/2007/05/31/game-retailers-association-says-no-sale-to-ny-video-game-bill/

- ANOTHER N.Y. Game Bill - Democratic Proposal Could Turn Retailers into Felons http://gamepolitics.com/2007/05/30/another-ny-game-bill-democrat-proposal-could-turn-game-retailers-into-felons/

- NY Video Game Bill Is On Fast Track to Becoming Law http://gamepolitics.com/2007/05/22/ny-senate-passes-video-game-bill/

These bills treat video games differently than other forms of art and entertainment like books, movies and music -­ which are afforded protection from censorship by the First Amendment. The result of any legislation being passed would have a "chilling effect" on our entire industry, regardless of the type of products you develop or the audience they are intended for.

The legislation is also unnecessary because the industry has the self-regulatory program ESRB to rate its products, and provide rating information to consumers and parents. In turn, retailers are enforcing this rating system by not selling mature games to children. Additionally, the latest generation of game consoles provide parental controls that allow parents and users to easily restrict certain game content.

New York has a strong game development community.
As constituents and as contributors to the state's economy, you can have a great impact on this issue and your voices need to be heard.

Take Action
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Simply pick up the phone, call the New York State Capitol's switchboard numbers below, tell the operator where you live, and you'll be connected directly to your legislator's office. Please tell the staff that answers the phone that you expect your state legislator not to regulate video games.

- New York State Senate Switchboard: 518-455-2800

- New York State Assembly Switchboard: 518-455-4100

We expect that the New York Senate and Assembly will come together as soon as Monday afternoon to incorporate their differences into a single bill.
Now is the time to reach out to your State Assemblymember and State Senator and voice opposition to unconstitutional restrictions on video games.

Other states have introduced similar legislation and nine states or localities went as far as to actually enact such legislation. However, in all nine cases, federal courts have declared the bills unconstitutional; finding that video games are artistic forms of expression worthy of the same constitutional protections as other forms of art.

And since a statute that singles out
constitutionally protected speech is a violation of civil rights, prevailing plaintiffs are entitled to an award of court costs and attorney's feel. Thus taxpayers would not only bear the cost of defending an invalid New York law, but also the cost of a successful challenge.
In the past six years, federal district courts have granted over $1.7 million in attorney fees; money that surely could have been better spent.

Federal courts have also overturned this legislation because of the chilling effect it would have on the industry. They have noted that such restrictions on violent content would result in retailers and developers from steering far clear of content that was the intent of the legislation. The difficulty in defining depraved violence would surely lead to ambiguity over what would be covered by the bill. Retailers, in particular, out of fear of prosecution, could simply avoid carrying any video games with content that could loosely apply.

Despite the backing of federal courts, it is not prudent to keep relying on the courts to bring reason to this issue. State legislators will continue to introduce legislation; trying different approaches to sidestep the First Amendment.

Please take a minute to take action and fight against unconstitutional attacks on games and our industry.

Thanks!