ECA Opposes New Mexico Video Game Tax

ECA Opposes New Mexico Video Game Tax

January 25, 2008
Earlier this week GamePolitics reported on a New Mexico proposal which would impose a 1% sales tax on video games and TV sets.

The Entertainment Consumers Association (ECA) has now issued a statement in opposition to the New Mexico tax:
The Entertainment Consumers Association (ECA) is opposed to the legislation proposed by the New Mexico Sierra Club.  It's unconstitutional to target video games with a special tax that would unduly burden gamers, leaving out other forms of entertainment media like movies, music and books. 

This proposed tax would also stifle trade and disproportionately impact generations X and Y, who are increasingly becoming more politically aware and vocal. 

Full Disclosure Dept: The ECA is the parent company of GamePolitics.
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Comments

Submitted by Conejo - January 25, 2008 at 7:07 am -0500
that's not exactly why the ECA should be against the Sierra Club's tax, but sure.

yes, it's a sin tax against electronic media but it's not just games it included, at least, televisions in the list.

the reason it's wrong is that it is telling people what they should be doing with their free time and it isn't the Sierra Club (and by extension the NM lawmakers) who gets to decide if you want to spend your time after work indoors or out.
Submitted by E. Zachary Knight - January 25, 2008 at 7:13 am -0500
@ Conejo

They aren't really telling you how to spend your free time. THe money goes to outdoor education. SO instead of being in class 7-8 hours a day, you would be in the classroom 4 hrs the day and the other four would be in some outdoor setting, or something like that.

But they are saying that you should be punished for non school related activities to pay for school related education. It is completely stupid.

If they really want to fund those things, they just need to get a slice of the education fund. But that would be too easy as it does not require new taxes.
Submitted by DeusPayne - January 25, 2008 at 7:21 am -0500
Key word being UNCONSTITUTIONAL. Gamer over. New Mexico loses.
Submitted by DeusPayne - January 25, 2008 at 7:22 am -0500
Gamer over? WTF. GAME over.
Submitted by ZippyDSMlee - January 25, 2008 at 9:27 am -0500
Taxs and rebates from the goverment are generally bad..since they do not have a clue about anythign half the time....
Submitted by BlackIce, Dragunov Marksman - January 25, 2008 at 9:31 am -0500
@Zippy

Again, a display of complete ignorance over Ron Paul. He does not have a clue about anything.
Submitted by Ebonheart - January 25, 2008 at 9:44 am -0500
The tax itself isn't a bad idea, except one media form being targeted makes it a "Sin Tax." If it was a blanket tax, I'd be in support.
Submitted by Overcast - January 25, 2008 at 10:57 am -0500
Oh yes!! How I'd love more taxes too!!

I really hope - at some point, they just take ALL of my money and then the Government can decide for me - where I'll live, what I'll drive, what I'll eat, where I'll work, what entertainment I can partake in, and on and on and on...

Good Idea!

Government Knows Best!!

Don't they? Look - historically - at all the WONDERFUL good they've done!!
Submitted by SimonBob - January 25, 2008 at 1:01 pm -0500
Generation X and Y? Holy crap! All the poor little Couplandites are being unfairly targeted!

Seriously, whoever wrote this release needs to get their head out of JPod.
Submitted by PHOENIXZERO - January 25, 2008 at 3:00 pm -0500
If you really think the money gained from such a tax would really go to what these politicians say it will then you're kidding yourself.
Submitted by Zebthemarmot - January 25, 2008 at 5:19 pm -0500
@Simon Roberts

I don't really see where you're coming from with that statement. Are you implying that Generation Y isn't active in this regard? Because Gen Y is generally considered to be people born in 1980 through 1995, and people in their 20s and early 30s are exactly the kind of people the ECA is talking about.
Submitted by Marlowe - January 25, 2008 at 10:13 pm -0500
Anyone want to be specific about how exactly this is unconstitutional, I'm guessing 14th amendment equal protection grounds but has there been a similar court case about a tax being overturned because it targeted a specific type of product? It seems cool to tax cigarettes, I'm not equating games as being dangerous like cigarettes but still if it's ok to tax a specific product in that case why shouldn't it be in this one. I do happen to be against the tax, but I really don't see it as being unconstitutional.
Submitted by Ebonheart - January 26, 2008 at 8:35 am -0500
@ Marlow

Yeah, those taxesare affectionatly reffered to as a "Sin Tax." What makes this law unconstitutional, where unlike cigarettes, theres more than one form of this entertainment. Theres movies in theatures, music, dvds, blue rays. Where cigarettes, have that and cigars which for simplicity's sake, the same thing.
Submitted by Marlowe - January 26, 2008 at 10:57 am -0500
@ Ebonheart
Alright but can anyone cite a precedent case?
Submitted by Marlowe - January 26, 2008 at 11:12 am -0500
Also I'd like to point out there's all sorts of seemingly inconsistent tax laws in the states, fruits are taxed differently than vegetables, dolls are taxed separate from toys (although i think that's more an issue in the tariff realm,) and in the video game realm couldn't they legally be considered entertainment, toys, just plain old software, or some category of their own? Trust me I am very much against a sin tax placed on video games, but i just don't see what the fact that there's multiple forms of entertainment has to do with constitutionality.
Submitted by Ryan - January 27, 2008 at 6:24 pm -0500
Dang it, I like playing video games... I wish they wouldn't try to inhibit that. I should start a referendum that would tax the government on every decision they make. I don't know if that's actually possible, but still... I'd like to do it.
Submitted by verderbt - January 28, 2008 at 8:01 am -0500
this Sierra Club, sounds like a small group of fat, british women, who never learned how to have fun!
I am almost 17, so I'll be out of school soon. I would sooner work at micky d's, and be able to play WOW all day, then go to college...but if this tax did go in, then I would probibaly go to college instead.
Submitted by Colin - January 30, 2008 at 2:45 am -0500
It's kind of a sin tax, or a Pigovian tax (thanx Wiki) but those aren't always evil. They aren't always bad ideas. I just think this one could find its ends (better child health -- a necessity for a prosperous America in the future) in much smarter and more fairer ways.
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