CHICAGO, IL — Claiming unconstitutional restriction of speech in a public forum, the Entertainment Software Association has filed suit against the Chicago Transit Authority for refusing to accept advertising about “mature” and “adults-only” video games.Under CTA regulations approved in November 2008, the governmental agency prohibits video game posters and other ads on buses and trains if the advertised product is inappropriate for minors. CTA says the policy is no different from its rules concerning alcohol and tobacco products.
“CTA does not allow ads for alcohol or tobacco products, and this ordinance is consistent with that longstanding policy,” CTA spokeswoman Wanda Taylor told E-commerce Times.
ESA, however, noted in its lawsuit that CTA does allow advertisements for R-rated movies, which are substantially similar in content to video games with “mature” and “adults-only” ratings. The U.S.-based trade group for computer and video game developers said the dichotomy makes CTA’s policy discriminatory by placing an undue burden on some categories of entertainment while exempting others.
“The CTA’s ordinance constitutes a clear violation of the constitutional rights of the entertainment software industry,” ESA Chief Executive Officer Michael D. Gallagher told E-commerce Times.
Among the examples cited by ESA in its suit is CTA’s acceptance of advertisements for the movie Resident Evil while rejecting ads for the identically named video game on which the movie is based. According to CTA, violence in the game may inspire players to commit similar acts in the real world. ESA wonders why the same violence in the movie wouldn’t have the same effect.
According to ESA General Counsel Kenneth L. Doroshow, extended discussions between the two groups failed to reach a satisfactory resolution. ESA’s petition, filed in U.S. District Court, seeks an injunction barring enforcement of the video game rule pending revocation, in addition to attorney fees and court costs.
