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The Courts Government Entertainment Games News Politics

Louisiana to Pay $92,000 After Game Law Fight 32

After Louisiana's unsuccessful anti-games legislation bid last year, the judge ordered the state to pay the court costs for the ESA and EMA. This week, Judge Brady ordered the state to shell out some $92,000 to the organizations in compensation for wasted time. "Within the ruling, Judge Brady also said he was "dumbfounded" that the state was in the position of having to shell out taxpayer money over this, noting that the law had to pass through legal review at every step. Given that similar statutes were declared unconstitutional in a number of jurisdictions, "the Court wonders why nobody objected to the enactment of this statute. In this court's view, the taxpayers deserve more from their elected officials.""
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Louisiana to Pay $92,000 After Game Law Fight

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  • by Demona ( 7994 ) on Wednesday April 18, 2007 @11:08AM (#18783475) Homepage
    Government officials, whether elected or appointed, always do their utmost to pass the costs and consequences of their actions on to the people they supposedly serve, refusing to be held personally liable. And then people pretend to be surprised by the results.
    • Re: (Score:3, Informative)

      by JordanL ( 886154 )
      Well, what else are they going to do? Public servants can only pass the buck to the taxpayer... it's not as if Mr. Governor is gonna whip out his checkbook and cover the cost of such-and-such.

      Their responsibility is making less expensive decisions, or less wasteful decisions, not covering their cost. Your responsibility is putting people who will make those decisions into power, and then covering the costs of their actions once they're there.
    • The solution is to punish the individuals who direct an organization to illegal behavior rather than the organization itself. Punishing the entire organization spreads the punishment to all who are represented by it and diminishes the impact on the few individuals who are truly responsible.

      This failed statute was not created by the state of Louisiana. It was created by a handful of politicians. Don't punish millions for the actions of dozens.
  • Here's Why... (Score:4, Interesting)

    by zoward ( 188110 ) <email.me.at.zoward.at.gmail.com> on Wednesday April 18, 2007 @11:09AM (#18783499) Homepage
    "the Court wonders why nobody objected to the enactment of this statute. In this court's view, the taxpayers deserve more from their elected officials."

    No Louisiana official wants to go on public record as being against a video game restriction statute, as they believe this might hurt their chances of re-election.
    • No Louisiana official wants to go on public record as being against a video game restriction statute, as they believe this might hurt their chances of re-election.

      And that's it in a nutshell. Even if 90% of the state legislature thought the legislation was clearly in violation of the state and/or federal constitutions, a majority would still vote for it because what's a hundred thousand taxpayer dollars when you can look like your going Jack Thompson on some evil game manufacturer's ass. Sure that money

      • Re: (Score:3, Insightful)

        by plover ( 150551 ) *
        That's why I want a "three strikes" constitutional amendment added to the executive branch of government. If you sign into law three different bills that contain any components that are struck down as unconstitutional, you are maliciously derelict in your duty as the defender of your constitution, and should face a 20 year felony for the violation of your citizen's civil rights. Removal from office is not enough, otherwise the cowards would simply sit on every bill until they become a lame duck, and then
  • ... thank you. It is a breath of fresh air, in our society today, to hear about checks and balances functioning as intended and ensuring that legal review (post-legislation though it may be) is still feasible.
    • by HTH NE1 ( 675604 )
      Expect Jack Thompson to be interviewed on television about this faster than he can say "activist judges".
    • by nbowman ( 799612 )
      Especially refreshing after reading about the Judges in WA who cannot be bothered to read the fucking briefs that are presented to them.
  • Why stop there? (Score:5, Interesting)

    by kinglink ( 195330 ) on Wednesday April 18, 2007 @11:12AM (#18783539)
    Why not charge the 91K to the lawyers who lobbied for these laws? The Jack Thompsons of the world. If it wasn't for him decrying the state of games for years Louisiana wouldn't have tried to push the bill.

    Make every mistake that Jack Thompson make not just hurt the state, but hurt him. He wants to bring frivolous law suits and decry every problem as video games fault people should turn around and demand the money from him.

    At the very least let's hold him accountable for his rants, coming out with in hours of the Virgina Tech shooting and blaming video games is nothing short of morbid. It's 2000 equivalent of ambulance chasing and it needs to stop.
    • Because that's punishing someone for having an (admittedly stupid) opinion. You defend games as free speech, then wish to deny Thompson the right to free speech? Hypocrite much? He should perhaps bear the costs of any lawsuits he was personally involved in, but you can't hold him responsible for the idiocy of elected officials.
      • Re: (Score:3, Informative)

        by Jtheletter ( 686279 )

        [Thompson] should perhaps bear the costs of any lawsuits he was personally involved in, but you can't hold him responsible for the idiocy of elected officials.

        In this case Thompson was in fact personally involved as he helped draft the legislation. See the second paragraph of the article here [gamasutra.com]

        That's all I've got time to dig up for now but it should give you enough key words to find further details. It's no secret that Thompson has been behind this bill, and he's filed amacus briefs in other lawsuits for la

      • by yada21 ( 1042762 )
        Why shouldn't someone be punished for holding a stupid opinion? If you're have the opinion gold is going to fall in value and you sell short, and it goes up, you were stupid and you lose. Likewise the asshats here gambled and lost.

        There's no disinsentive to frivolous lawsuits - it's rare in the extreme for defendants costs to be awarded. This applies to the plaintiff and his lawyer - the worst case secenario is they'd come out with nothing. All they'd lose was time.

        Now if they were going to share there
      • I don't blame him for his opinions (ok I do, he's beyond stupid) but the crime I'm illustrating is a unlawful law that was over turned, as someone else mentioned he helped draft and file the motion for this law, he lobbied for it.

        Should the elected officials have passed it? Depends, but if the law gets overturned because the words contained in it, it's the fault of the writers (of which Thompson was one). In that case that's who deserves to be punished, not the state. I can understand expecting the state
      • Re: (Score:1, Insightful)

        by Anonymous Coward
        Because that's punishing someone for having an (admittedly stupid) opinion.

        In my opinion, cheese would make an awesome structural material, if my stupid opinion gets someone killed, I should be liable. If my opinion gets someone fined $90k, then I should be liable.

        This isn't about hypocrisy, it's about responsibility. Jack Thompson, as a part author of that law, should be partly responsible for that law.

        If you want to talk about it in terms of free speech, I have every right to stand in a theater and shou
    • Free Speech (Score:2, Insightful)

      by The_Quinn ( 748261 )
      Fortunately, 'ranting' and 'decrying' does not carry financial penalties. If you want to protect freedom of speech, you have to protect for even the most slimy characters, such as Jack Thompson, or pornographers.
      • Wait! who said pornographers were slimy!

        If they didn't exist Slashdot would not exist as it would not have an internet to exist upon.

        Free speech and porn created the internet not Al Gore.
    • Re: (Score:3, Insightful)

      by gstoddart ( 321705 )

      Why not charge the 91K to the lawyers who lobbied for these laws? The Jack Thompsons of the world. If it wasn't for him decrying the state of games for years Louisiana wouldn't have tried to push the bill.

      The problem is, the people who were actually elected bear the responsibillity for what it is they actually do.

      Yes, Jack Thompson is an idiot (er, sorry, in my personal opinion he behaves in the manner of an idiot ;-). But, there is nothing to say he is categorically any more of an idiot than any other dam

    • If it wasn't for him decrying the state of games for years Louisiana wouldn't have tried to push the bill.
      Except he didn't pass the law, they did -- the legislature has the authority, the responsibility, and the culpability. It's their fault for listening to the fool, and the voters fault for electing those legislators.

      Thompson is a media whore, but the fact that his views carry weight is as much a problem with his listeners as it is with him.
  • The reason the politicians continue to get away with stupid laws that obviously won't be upheld is because the taxpayers are suckers who rarely, if ever, hold them accountable. And the politicians know this very well. Hundreds of thousands of taxpayer dollars is nothing to a politician who knows that stupid legislation will keep them in office.
  • what politician wants to be considered a video game supporter? "Tough on crime, supports after-school programs, supports video games. Vote John Smith for Congress." Nobody will ever go out of their way to protect video games. And since those who don't care about video games will never speak out on their indifference, that only leaves the anti-video game activists to clog the airwaves and court systems. And Louisiana has much better things to do with their tax dollars than fighting video games, such as hurr
    • It's all in the spin. Rather than be a "supporter of video games" they'd be "defenders against government pork." It's the putrid magic of politics: transmuting actions and words!
  • Personally liable? (Score:3, Insightful)

    by ShadowsHawk ( 916454 ) on Wednesday April 18, 2007 @12:28PM (#18784881)
    It's the same for corporations and government. Individuals come up with 'brilliant' ideas that cause harm to the general public, but there is no true responsibility. Assign a portion of the damages to people responsible for approval process. Leaders should be held to a higher standard than Joe public.
  • by RobertM1968 ( 951074 ) on Wednesday April 18, 2007 @05:21PM (#18789157) Homepage Journal

    This week, Judge Brady ordered the state to shell out some $92,000 to the organizations in compensation for wasted time.

    "Within the ruling, Judge Brady also said he was "dumbfounded" that the state was in the position of having to shell out taxpayer money over this, noting that the law had to pass through legal review at every step...."

    So, what the judge is saying is that he thinks it is bad that the taxpayers have had to pay for this fiasco, so let's fine the state $92,000 so the taxpayers have to pay even more?

    Sad irony that what he is doing is correct (paying the injured parties) yet contradicts the ridiculousness of the fact that this shouldnt have happened and the taxpayers shouldnt have had to lay out the initial sum, much less the added $92k.

    :-(

    • by moyet ( 148706 )
      Why shoudn't the taxpayers pay? They elected the idiots who passed the bill.
      • I think you missed the point of my post, which was that it (the judge's actions and statements) was an interesting irony.
    • He's saying that the elected officials shouldn't have been so stupid as to put themselves in the position of needing to shell out taxpayer money, when five minutes of a lawyer's time would have told them that the law was unconstitutional and would certainly be struck down.

"An idealist is one who, on noticing that a rose smells better than a cabbage, concludes that it will also make better soup." - H.L. Mencken

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