EMA helps defeat Arizona Civil Liability bill
Entertainment Merchants Assn. legislative update for April
By Cheryl Cheng -- Video Business, 5/7/2008
MAY 7 | The following summarizes key government affairs activities during April of the Entertainment Merchants Assn.
• Arizona Civil Liability Bill: EMA has helped to defeat the Arizona House Bill 2660, which would have imposed liability on entertainment retailers whose customers commit a violent crime if the entertainment sold “incites” a crime, was “a cause” for the crime or the retailer “knew of a significant risk that the material would substantially … encourage” a crime. EMA opposed the measure because it would encourage meritless lawsuits.
• Utah Secondhand Goods Bill: EMA has contacted the Utah Division of Consumer Protection and clarified that the revised secondhand goods law does not cover sales of excess inventory from video and videogame rental stock. The state is expected to provide an administrative procedure to exempt certain transactions from coverage under the act.
• ESA v. Swanson (Minn. Videogame Law): EMA and the Entertainment Software Assn. filed a brief with the U.S. Court of Appeals for the Eighth Circuit to decline Minnesota’s appeal on behalf of its videogame law, which was ruled unconstitutional by a lower court. The law would impose a $25 civil penalty on minors under 17 who rent or purchase videogames rated “Mature” or “Adults Only.”
• Indiana “Adult Product” Registration Law: EMA will act as co-plaintiff in a challenge against Indiana House Bill 1042, which will require that retailers selling material that is “harmful for minors” register with the state, provide a detailed statement of the materials to be sold and pay a $250 fee. Businesses who submit requested material by June 30, 2008 will be exempted. EMA opposes the law for its impact on new businesses.
