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CTA Bans Video Game Ads; ESA Sues

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

The Entertainment Software Association announced that they are suing the Chicago Transit Authority over the CTA's decision to ban all ads for "M" and "AO" rated video games on trains and buses. The policy, which came into effect January 1, 2009, follows the CTA's decision to pull ads for GTA IV last April for "inspiring violence" - a decision that was ultimately reversed when Take-Two sued and later settled with the CTA.

The ESA has decided to challenge the CTA's ordinance on First Amendment grounds, arguing that game ads are entitled to free speech protection and the CTA's rule unconstitutionally "restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so." The ESA also notes that the ads are themselves subject to ESRB review.

A CTA spokesperson said that the policy is consistent with the CTA's long-standing policy of banning alcohol and tobacco advertising.

The full press release is available here.

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Full post as published by Video Game Law Blog on July 29, 2009 (boomark / email).