The Entertainment Software Association (ESA) passed along the news today that the U.S. District Court for the Western District of Oklahoma has issued a permanent injunction against Oklahoma's recent video game law that was supposed to have gone into effect on November 1, 2006. A preliminary injunction was initially issued last October.

The law sought to ban the dissemination to minors of any computer or video game that contains any depiction of "inappropriate violence," which was defined by depictions that fall into any one of nine broad categories. Violators would also have been subject to fines of up to $1,000.

Unsurprisingly, the law was found to be unconstitutional, like many similar laws that have been shot down in other states. The Honorable Robin J. Cauthron said that video games are a form of creative expression entitled to protection under the First Amendment, and that there is no "substantial evidence" that video games are harmful to minors. Judge Cauthron added, "...[T]here is a complete dearth of legislative findings, scientific studies, or other rationale to support passage of the Act."

It also seems in some way that the law singled out the game industry, since according to the court decision, the law was found to be underinclusive � meaning that a minor might be prevented from buying a video game with "inappropriate violence" but may still legally buy or rent the book or movie on which the game was based.

"We need to move past unconstitutional attempts to circumvent Oklahoma citizens' rights. This bill was clearly unconstitutional and we now need to develop a public/private partnership that meets concerned parents' needs," said Michael D. Gallagher, president of the ESA. "State officials and policymakers should work together with our industry to educate parents about game ratings and the parental controls available on all new video game consoles."

Bo Andersen, President of the Entertainment Merchants Association (EMA) representing retailers, was naturally pleased with the court's decision as well. "It is fitting that this ruling was issued on Constitution Day, which celebrates the signing of our nation's governing charter. The decision is a ringing affirmation of the First Amendment's guarantee of freedom of expression," he said. "Judge Cauthron's opinion makes abundantly clear that the Oklahoma legislature overreached in attempting to restrict the distribution of video games containing fantasy violence to minors, in part because there was no evidence that the games are harmful to anyone. The judge also correctly noted that there is no way for an ordinary person to determine which games were covered by the Oklahoma law and which were not."

He continued, "It is time for lawmakers to stop targeting video games and the retailers that sell them. They should recognize that all video games are rated, retailers are choosing to enforce the ratings in their stores, and the new PlayStation 3, Wii, and Xbox 360 video game consoles and Vista computer operating system all allow parents to control the types of games that can be played on them. These voluntary steps, not government regulation, are true to the spirit of the American Constitution."

Those interested can access the 20-page decision (in pdf format) by clicking here.