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ESA sues Chicago Transit Authority for banning M-rated game ads

Posted Jul 22, 2009 at 2:55PM EST by Glenn M.

Listed in: News Tags: Chicago, ESA, ESRB, lawsuits, Take-Two Interactive

Here's another lawsuit to help fill your weekly quota of legal drama. This one was filed by the Entertainment Software Association against the Chicago Transit Authority for its 2009 ordinance that prohibits M and AO-rated video game ads from all its vehicles and facilities, citing that the ordinance is a clear violation of the entertainment software community's constitutional rights.

Mike Gallagher of the ESA issues this press release:

The CTAÂ’s ordinance constitutes a clear violation of the constitutional rights of the entertainment software industry. Courts across the United States, including those in the CTAÂ’s own backyard, have ruled consistently that video games are entitled to the same First Amendment protections as other forms of entertainment. The CTA appears unwilling to recognize this established fact, and has shown a remarkable ignorance of the dynamism, creativity and expressive nature of computer and video games. The ESA will not sit idly by when the creative freedoms of our industry are threatened.

But wait, there's more:

The ESAÂ’s suit contends this new ordinance unconstitutionally Â“restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so.Â” In addition, the Complaint argues that the ordinance impermissibly discriminates on the basis of viewpoint and ignores less restrictive means of achieving the supposed ends of the ordinance.

The ESA also stated that the CTAÂ’s ordinance is unnecessary because game-related marketing is already subject to the Entertainment Software Rating BoardÂ’s Advertising Review Council (ARC), which strictly regulates computer and video game advertisements that are seen by the general public. The Entertainment Software Rating Board (ESRB) assigns content ratings to computer and video games, which, in turn, are displayed on the advertisements for those games.

Back in 2008, the CTA ordered that all Grand Theft Auto 4 (Xbox 360, PS3) ads be taken down in light of the shootings in Chicago at the time. Take-Two Interactive responds with a lawsuit, until both parties settled the case later that year, where Take-Two got two weeks to advertise the game. The CTA, however, passed a new ordinance to prevent another M or AO-rated game from appearing on their properties, hence today's ESA lawsuit.

Yet more lawsuits:

Via Gamepolitics

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I don't know how they can have slutty axe body spray ads covered in whores and manwhores plastered all over everything, but an ugly russian guy, some letters and a roman numeral is offensive because it advertises a 17+ game?? Seriously?

Come on CTA, you look like *****ing *****s. You can't be old men protesting the unholy adult rated video games monster and allow actual offensive ads.

Lame. I hope they lose so hard.

# Does it really matter? — GUNBEHINDTHESUN 2009-07-22 23:33

What I mean is, do these ads really matter for game sales? I think most people who are into gaming are already aware of what games are coming out and when. I do agree though that ads that do not show actual M rated content, should be allowed to be advertised.

# Good point. — EugeneE 2009-07-23 05:49

You make a very good point.

These people ban M-rated game ads but show ads with slutty girls.

It comes to show how hypocritical America has become (I'm an American and live in America). They allow ads with girls who have very little clothes on but scream when there's an ad for a M-rated game that has violence.

There are people in America who wants to ban anything that has to do with violence such as movies, games, etc but allow ads with girls who have very little clothes on.

# WTF!?!?!?!?! — ISOHaven 2009-07-23 06:06

Why exactly is that a bad thing?

There is nothing wrong with the human body. The fact that we wear as much clothing as we do is a true testament of our own insecurities.

Sexuality is apart of us all. Popping a cap in everything that moves is not.

Sex DOES NOT equal violence. So why the hell you are trying to compare them is beyond any logic.

# WTF!?!?!?!?! — ISOHaven 2009-07-23 06:12

I don't see how they have a case. An ad agency can pick and choose whatever the hell they want.

# Indecent — apex05 2009-07-23 07:09

As long as the images on the ads don't break any decency laws then i don't see any problem with advertising adult games, but i bet if they put the same images on a film poster they'd have no problem allowing it, this just shows gaming still isn't treat as equal to movies.

# WTF!?!?!?!?! — ISOHaven 2009-07-23 10:12

Why should they be?

Game are games and movies are movies.

Apples and oranges.

Also, what the heck does film posters have to do with this specific ad agency? If that ad agency also did film posters then they WOULD also have a problem with continuing to advertise M rated games on film posters. But I guess at that point it wouldn't be a FILM poster now would it?

# Crazy — superbenA2002 2009-07-28 15:05

This reminds me of the congressman that wants to stop them from airing those somewhat annoying erectile dysfunction ads (example-Viva Viagra) until after 10 pm. They would have to stop airing them at 5 am the next day.

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ESA sues Chicago Transit Authority for banning M-rated game ads

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