Chicago Transit Authority Banned from Banning Mature VG Ads

June 1, 2010 -

While the Entertainment Software Association (ESA) won a partial victory (preliminary injunction) earlier this year against the Chicago Transit Authority (CTA) over an ordinance that attempted to prohibit Mature (M)-rated game advertisements, the trade group now has an even clearer win under its belt, as a Judge has permanently banned the CTA from “enforcing or directing” enforcement of the ordinance.

In a ruling (PDF) handed down on May 17 in the U.S. District Court for the Northern District of Illinois, Eastern Division, Judge Rebecca Pallmeyer—who granted the preliminary injunction as well—ordered judgment against the CTA and dictated that prompt notice of the judgment be given to CTA officers, and any agents, servants, employees and attorneys. The CTA also agreed not to “appeal or otherwise attack the validity or enforceability of the Consent Judgment and Permanent Injunction.”

Ordinance 008-147 took effect in January of 2009 and prohibited any advertisement that “markets or identifies a video or computer game rated ‘Mature 17+’ (M) or ‘Adults Only 18+’ (AO).” The ESA had argued that such a ban was unconstitutional.

ESA President Michael D. Gallagher stated, "We are pleased that the CTA chose not to pursue this further and waste valuable resources on this matter. It is our hope that other transit authorities will heed this ruling when determining whether to restrict advertisements."

It was also ruled that the ESA was entitled to recoup “reasonable” attorneys’ fees and costs related to the lawsuit.


Comments

Re: Chicago Transit Authority Banned from Banning Mature VG ...

One simple statement, You CAN'T ban an advertising for transit when you have already got a contract.

Also, I do believe that this mess started when there were some people doing a Moral Panic over GTA 4.

 

TBoneTony

Re: Chicago Transit Authority Banned from Banning Mature VG ...

Jackass Thompson being one of them, if not the main one.

Hunting the shadows of the troubled dreams.

Hunting the shadows of the troubled dreams.

Re: Chicago Transit Authority Banned from Banning Mature VG ...

I had the feeling the cta would lose this case. Glad to know my feelings were right.

http://www.magicinkgaming.com/

Re: Chicago Transit Authority Banned from Banning Mature VG ...

Sadly though, it took a year to uphold the constitution in this case. Fascist nutcases shouldn't be able to overturn the constitution for a week, let alone a year. The only reason they were able to do it for so long is that people in general have no idea what their rights are under the law.

 
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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
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
 

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