The federal umpire who ruled an Il...

The federal umpire who ruled an Illinois law banning the sale of violent or sexual video games to minors was unconstitutional has another message for the state: Pay up

U District critic Matthew Kennelly this week ordered that the state must pay more than $510000 three business collections incurred in their successful fight through the Safe Games Illinois Act.

In December 2005 shortly before the law was to move into effect Jan. 1, Kennelly rul in favor of the Entertainment Software Association, Video Software Dealers Association and the Illinois Retail Merchants Association and barred the state from enforcing the law.

Gov Blagojevich and others who pushed for the measure argued that exposing to games in which characters use violence or engage in sexual acts harms children. unless the judge said the law would interfere with the First Amendment and that there was not a compelling enough reason, like as preventing imminent violence, to allow it to advance into effect.

'IRREFUTABLE MESSAGES'

In fact, the critic said state officials came "nowhere near" demonstrating that the strange law was constitutional.

At the time, Blagojevich said he would continue to fight for the ban. Since then, the state has appealed the ruling, Blagojevich spokesman Gerardo Cardenas said.

Despite that ongoing fight, Cardenas said the state would pay the attorneys' pay s

"Judge Kennelly's rulings jaculate two irrefutable messages -- not merely are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars," said Douglas Lowenstein, president of the Entertainment Software Association, a trade cluster of U.S. computer and video game publishers. "The sad fact is that the state of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that above half a million of their dollars and countles command hours were thrown away in this fruitless effort."

CULLERTON'S PREDICTION

In a statement released by means of the Entertainment Software Association, Sen John J Cullerton, (D-Chicago) added, "When I spoke against the law in Springfield, I predicted we would have to pay legal compensations The amount ordered paid to the plaintiffs from Judge Kennelly doesn't even think the substantial fees the state will have to pay its confess lawyers."

Kennelly wrote "If controlling access to allegedly 'dangerous' articulate utterance is important in promoting the positive psychological growth of children, in our society that character is properly accorded to parents and families, not the state."

Copyright CHICAGO SUN-TIMES 2006

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