He may have lost out on the Republican party's vice presidential nod, but Minnesota Gov. Tim Pawlenty recently had a memorable ride in an Xbox-equipped van inadvertently stolen from the band Everclear.
As GamePolitics has previously reported, Gov. Pawlenty signed Minnesota's 2006 "fine the buyer" video game law into effect. The measure was later deemed unconstitutional by a pair of federal courts.
As reported by TwinCities.com:
Minnesota Gov. Tim Pawlenty spent Sunday riding around Pennsylvania in a stolen van. The theft was inadvertent; his Keystone State driver was told to pick up the keys to the vehicle in which he was to shepherd the governor at the Holiday Inn in Allentown, Pa.
"He did exactly what he was told, except it was the wrong Holiday Inn and the wrong van," said Pawlenty... The van the driver picked up was a tricked-out touring vehicle, complete with an LCD video screen, an Xbox and video games and an iPod-ready, six-speaker stereo system.
The van retrieved by Pawlenty's driver was full of beer cans and had been used to to transport Everclear to their hotel. Ironically, the band was enroute to the Democratic National Convention in Denver.
When the driver mistakenly showed up at Everclear's hotel, he was given the keys to the van by front desk personnel. Later, when the van turned up missing, owner Sharky Laguana reported it to local police as stolen. When the mystery was finally solved, Laguana said:
I've had a lot of crazy things happen in our vans. I don't know that this is even the craziest thing that's happened in our vans. ... This is the funnest thing...
GP: Actually, the funniest thing would have been for the police to spot the "stolen" van and perform a takedown on its occupants.
Tim Pawlenty? Mitt Romney? Tom Ridge?
With Republican presidential candidate John McCain's VP choice due later today, these three names have been bandied about in recent days. While Ridge has historically been quiet on video game issues, Pawlenty and Romney (seen with McCain at left)come with major baggage as far as gamers are concerned.
That said, Ridge seems an unlikely choice, since he adds little to the McCain ticket. For one thing, he's older than the other two and McCain would seem to need some youthful balance in a running mate. For another, as former Homeland Security Director, he's too closely associated with the Bush Administration in a time when the electorate craves change. And although he is from a key state, he doesn't seem likely to swing Pennsylvania red in November.
That leaves Gov. Tim Pawlenty of Minnesota and former Gov. Mitt Romney of Massachusetts as potential VP choices. As we said, both have a negative history with video game issues.
Pawlenty signed Minnesota's notorious, 2006 "fine the buyer" legislation into law. The bill, which would have fined underage buyers of M-rated games $25, was quickly overturned by a federal judge. Minnesota also lost a subsequent appeal on that decision. Pawlenty, who has owned up to playing NHL2K5 with his kids, brings youth to the McCain ticket.
For his part, Romney (who apparently thinks torturing real people is okay) made the cartoon violence of video games a theme of his failed 2008 presidential bid. Romney is a favorite of the religious right, a group which is not particularly fond of McCain.
UPDATE: CNN is reporting that Pawlenty is out of the running and is also speculating that Alaska Gov. Sarah Palin is in the VP mix...
The Entertainment Software Association took a victory lap this week, announcing the recovery of $65,000 in legal fees from Minnesota after the state abandoned further appeals of its failed 2006 video game law.
An editorial in yesterday's Duluth News-Tribune, however, dinged the ESA while acknowledging that Minnesota's fine-the-buyer legislation law was "flawed":
From the outset, the law skirted First Amendment rights and targeted the wrong people - minors... The logic was counter to that of more effective laws to protect minors, such as penalties to bars that allow underage drinking or fines to stores that sell cigarettes to kids.
...Though [Attorney General Lori] Swanson had indicated then she would continue to defend it, this week she cut her losses. Hence, the $65,000 of legal fees.
"Minnesota's citizens should be outraged at paying the bill for this flawed plan," Michael D. Gallagher, CEO of the video game trade association, said in a statement.
He's right, but what about his group's members who make and market games depicting sexual exploitation and violence as fun?
A little outrage is due there, too, for creating the problem in the first place.
Via: West Central Tribune (the Duluth News-Tribune link isn't working as I write this)
It was widely reported this week that Minnesota would reimburse the video game industry $65,000 for legal fees incurred fighting the state's 2006 "fine the buyer" video game law in federal court.
Oddly enough, Gov. Tim Pawlenty (R), who signed the bill into law after it was approved by the Minnesota legislature, is apparently a bit of a gamer himself. That news comes from a passing mention buried within a lengthy 2007 profile of Pawlenty in the Weekly Standard. We just happened upon it this morning. Here's the gaming bit:
Growing up, Pawlenty played hockey. He is still a rabid NHL fan. The first website he visits each morning is hockeyfights.com, which shows combat highlights from the previous night's games. He plays the ESPN hockey video game in his spare time, often taking on one of his two daughters.
Okay, so Pawlenty doesn't necessarily keep up with the latest releases. The last ESPN-branded hockey game was ESPN NHL 2K5, released in August, 2004, nearly three years before the Weekly Standard article appeared. Still, it's always nice to see a politician who games, even a little. And always troubling to see one who legislates games. With Pawlenty, you apparently get both.
The Minnesota Guv, by the way, is rumored to be on John McCain's short list of VP candidates.
As GamePolitics reported yesterday, the ESA announced that Minnesota would reimburse $65,000 in legal fees to the video game industry over the state's failed 2006 "fine the buyer" video game law.
In our coverage, we mentioned that the move apparently signalled that Minnesota would not be taking the case before the U.S. Supreme Court, its only remaining legal recourse. We've got a call into the office of Attorney General Lori Swanson (left) on the Supreme Court issue, but Finance & Commerce now seems to have nailed that part of the story down:
Attorney General Lori Swanson’s decision not to appeal to the U.S. Supreme Court was “practical,” according to spokesman Benjamin Wogsland, who pointed out that the nation’s highest court takes “less than 1 percent of discretionary cases every year.”
But Paul Smith, an attorney representing the [video game industry] plaintiffs, said Monday that the state decided not to pursue the case further because of a deal that would require the attorney general’s office to pay a reduced amount in fees owed to plaintiff’s lawyers. Smith could not say what the reduced amount was, though a court filing from May 19 shows that the plaintiffs’ lawyers were owed nearly $84,000. Woglsand did not return calls Monday.
GP: If Paul Smith is correct, Minnesota essentially bargained away - for $19,000 plus future legal fees - its opportunity to take its argument before the U.S. Supreme Court. Given all that the state had already invested in the case, that would seem a rather curious decision.
It would have been fascinating - and, yes, risky - for the Supreme Court to consider a video game law, especially given Justice Antonin Scalia's comments to Law of Play blogger Anthony Prestia that game legislation might be constitutional.
The Entertainment Software Association (ESA), which represents the interests of video game publishers in the United States, has issued a press release announcing that the state of Minnesota will reimburse the industry to the tune of $65,000.
The figure represents legal fees incurred by the video game industry in its court challenge to Minnesota's unusual 2006 "fine-the-buyer" law.
As passed by the Minnesota legislature and signed into law by Governor (and potential Republican VP candidate) Tim Pawlenty (left) in 2006, the law would have turned traditional video game legislation on its head by fining underage buyers of M-rated games $25. Virtually all other video game content bills have sought penalties against retailers.
There were some other noteworthy aspects to the Minnesota situation:
U.S. District Court Judge James Rosenbaum, who ruled the law unconstitutional, borrowed his law clerk's Xbox to check out some violent games while considering his ruling.
Former Minnesota Attorney General Mike Hatch (D), who defended against the industry's constitutional challenge in its early days, described violent video games in a court filing as "worthless, disgusting speech" and "speech of very low societal value."
Minnesota appealed Judge Rosenbaum's decision's to the 8th Circuit Court, but lost. A request for a review by the entire 8th Circuit was also turned down.
The state's only remaining recourse was the U.S. Supreme Court. Judging from the settlement with the game biz, Minnesota A.G. Lori Swanson has apparently decided not to pursue a Supreme Court decision, but we've got a call into Swanson's office to confirm that.
The ESA originally sought $73,332 in fees in a motion filed in August, 2006. The $65,000 figure indicates that a little bit of negotiating went on.
ESA CEO Michael Gallagher weighed in on the $65,000 payment:
Minnesota’s citizens should be outraged at paying the bill for this flawed plan. Minnesota’s public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money. Courts across the United States have ruled consistently that video games are entitled to the same First Amendment protections as other forms of art, such as music and literature...
Politicians need to realize that the key to protecting our children from inappropriate media content is not haphazard legislation, but rather parental education. Video games have a first class ratings system supported by retailers, opinion leaders and parents. It would be a far better use of public funds to help support this system, rather than continue to pursue unconstitutional legislation that works against it.
GP: In a way, it would have been fascinating to see the Supreme Court make a ruling on this issue.
The National Institute on Media & Family and Iowa State University have jointly released the agenda for their upcoming National Summit on Video Games, Youth and Public Policy.
The event, scheduled for October 20-21 in Minnesota will feature a number of well-known academics, many of whom have expressed concerns about either video game content issues or video game ratings. According to a press release, the summit will focus on "concerns regarding video game ratings and children’s access to violent and sexually explicit games." Although it is believed that ESRB president Patricia Vance was invited, no video game industry officials are listed as participating. Here's the agenda: