California's war on video games.

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California’s War on Video Games

            Are you tired of the War on Drugs and Pornography?  How about the War against Gays?  What about the War on Terror?  Sadly, we have the newest war that California, along with several other states; have decided to wage a war on the video game industry.

            San Mateo/San Francisco Democratic State Senator Leland Yee started this crusade with a bill he authored five years ago, AB 1179.  A bill that if it becomes law, will punish retailers whom sell or rent ‘violent video games’ to minors, without the consent of a parent or guardian.  AB 1179 has been struck down as unconstitutional by the 9^th Circuit Court of Appeals (ordering the State of California to repay over $300,000 in legal fees in the process), only for Governor Arnold Swartzenegger and Attorney General Jerry Brown to request a final appeal before the Supreme Court of the United States (which occurs this fall). 

So what seems so inherently wrong with such a bill aimed at protecting children from violent media?  Well we all know the answer to that; it is the bill’s wording itself.  Under the wording of AB 1179 any game vaguely depicting injury or death to a human type character could be subject to labeling as an ‘inappropriate game’ for anyone under the age of 18.  So Mario Bros. could possibly be labeled as inappropriate for minors.  Should a game like Madden Football depict a realistic sports injury, it too could be labeled as inappropriate.  Should such a piece of legislation pass the Supreme Court’s muster, will the moral crusaders stop there?  Of course there are studies suggesting that even adults could be damaged, desensitized, and be more likely to perform aggressive real life violence when exposed to violent video games.

The game industry self-regulates the contents of its media via an independent review board formed in the 1990s called the ESRB, as a result of federal government threats to legislate the game industry.  The game industry as a collective whole, realized that the growing sophistication of its consumers along with emerging technology providing a more visceral experience to the gamer, assisted in forming the ESRB and its game ratings system as a conscientious effort to provide parents and concerned citizens with the proper information to determine if a games content was appropriate for the intended audience.  A parent merely has to pick up the game packaging and look for the prominent black and white lettering, and then flip the game box over to specifically see what type of content a game contains.  For example, Grand Theft Auto IV, is rated M for mature (ages 17 and older).  If one were to view the backside of the package a list of exactly why it garnered that rating is readily available.  In the case of Grand Theft Auto IV, the packaging lists; blood, intense violence, partial nudity, strong language, strong sexual content, and the use of drugs and alcohol.  So a parent can easily determine if they find any game suitable for their child.  The ESRB has a website and provides information as to the vetting process used to determine a games rating.  Concerned parents can contact the ESRB and expect an answer to a question quickly.  The ESRB has adapted its rating policies to meet the needs of parents as the gaming industry adapts to new markets and new technologies.

So with such a strong self-regulating system, why do crusading nanny state legislators like Dr. Leland Yee continue to push such legislation?  The answer seems to always be the same.  Look at the War on Drugs, War on Pornography, attacks on early rock music in the 1950s, and pretty much any form of censorship.  It is simply that one group of people find something so offensive they feel no one else should be allowed to enjoy it responsibly.  It’s only their morals that count, no any other individuals.  Dr. Yee to his credit takes a principled stand for gay rights representing the large gay, lesbian, bi-sexual, and transgender community of the San Francisco area.  His own website states “equal love”.  How is it any different when a group who opposes gay rights, gay marriage, and gays serving in the military stand up and state that such a lifestyle is offensive and harmful to children?  That homosexuality is immoral and sinful, and that gays shouldn’t be allowed to serve in the military?  I could find and fund studies to prove my morality is correct, I could even attempt a ballot initiative to take my belief to the people.  Oh wait that has been done.  Truth be told, the writer is very supportive of the GLBT community, and is willing to fight for their rights to marriage, equal rights under the law, and the ability to serve openly in the military.  Apparently, Dr. Yee’s appreciation of freedom begins to wane once you leave the bedroom.

The story is always the same.  A large group of moral crusaders, under the leadership of a few charismatic leaders, under the guise of the protecting the public, of protecting the children attempt to punish those who enjoy a lifestyle responsibly.  Whether you’re gay, a gamer, or a gay gamer, the writer hopes that you will have the freedom to enjoy your chosen lifestyle.

In 2005, the writer was a manger of a Gamecrazy store in Orange County California.  When Governor Arnold Swartzenegger signed AB 1179 into law, the staff of the store complied only partially with his dislike of violent video games.  We removed every Terminator video game bearing the likeness of our Governor from the store’s shelves.  We couldn’t in good conscious expose the public at large to such hypocrisy.

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