A D.C. Council committee this week is expected to adopt legislation outlawing the sale of “obscene” video games to minors, but major revisions mean the bill will have little effect on games with the most violent content.
The year-old legislation as introduced was dogged by First Amendment questions because it specifically prohibited the sale to minors of all games rated “Mature” and “Adults Only,” which could include explicit sexual or violent content. Critics argued that the city would violate freedom of speech laws if it targeted games that do not meet the Supreme Court’s definition of “obscene,” which generally keys on sex.
But supporters say a revised version, which focuses on sexually explicit games, will pass constitutional muster and limit youth exposure to what they consider a socially damaging diversion.
“We’re not even saying that kids can’t use them, just that an adult has got to look at it first and make sure it is appropriate for their child,” said Ward 4 Council Member Adrian Fenty, a candidate for mayor and the bill’s main backer. “Children are emulating what they see in these games to the detriment of the community.”
Under the amended bill, the Department of Consumer and Regulatory Affairs would license all video game retailers, who would be prohibited from selling minors “obscene” games, as defined by existing law. “Obscenity” includes scenes of sexual conduct, nudity and sexual excitement.
Penalties for a first offense would range from a license suspension to a $2,000 fine.
The revision would seem to address the concerns of District Attorney General Robert Spagnoletti, who in May 2005 said the original provisions are “overbroad and unlawfully abridge the First Amendment right to exercise free speech.”
In an opinion issued for Mayor Anthony Williams, Spagnoletti wrote that the bill “could be redrafted to restrict a minor’s access to video or computer games with sexually explicit depictions that would constitute obscene material … ”
Rockstar Games, which produces the popular and violent “Grand Theft Auto” series, declined to comment for this article.
