It has been a long, mostly disastrous road for Governor Schwarzenegger’s 2005 bill that sought to make selling games to minors a crime, as well as to require certain games to carry warning labels. The bill was passed, but Judge Ronald Whyte issued a preliminary injunction against its enforcement before it impacted retail sales in California. In 2007 the law was struck down as being unconstitutional, with Schwarzenegger promising to continue to appeal the decision. Today that appeal was rejected, likely killing the law for good.
While this latest ruling could be appealed to the Supreme Court, the continued effort after these losses would seem almost Sisyphean; the courts have never been kind to bills that seek to put special legislation on video games. “Is there anything out of limits for the Legislature to prohibit to minors? What about games where people eat unhealthy foods and get fat?” Judge Alex Kozinski asked when hearing the appeal. “Why not a law targeting games that teach children bad living habits, such as eating unhealthy food or using plastic bags?”
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