IP 00-1321-C H/G AAMA v Kendrick
Judge David F. Hamilton Signed on 10/11/00
INTENDED FOR PUBLICATION AND PRINT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
AMERICAN AMUSEMENT MACHINE ) CAUSE NO. IP00-1321-C-H/G
ASSOCIATION, )
AMUSEMENT & MUSIC OPERATORS )
ASSOCIATION, )
INDIANA AMUSEMENT & MUSIC )
OPERATORS ASSOCIATION, )
SHAFFER DISTRIBUTING COMPANY, )
CLEVELAND COIN MACHINE EXCHANGE )
INC, )
NAMCO CYBERTAINMENT INC, )
B J NOVELTY INC. - FOR )
THEMSELVES AND AS )
REPRESENTATIVES OF A CLASS OF )
OWNERS, OPERATORS, DISTRIBUTORS )
AND MANUFACTURERS OF )
CURRENCY-OPERATED AMUSEMENT )
MACHINES, )
)
Plaintiffs, )
vs. )
)
COTTEY, JACK - FOR THEMSELVES )
IN THEIR OFFICIAL CAPACITIES AS )
MARION COUNTY PROSECUTOR AND )
SHERIFF FOR MARION COUNTY, )
RESPECTIVELY, AND AS )
REPRESENTATIVES OF THE CLASS OF )
PERSONS EMPOWERED TO ENFORCE )
GENERAL ORDINANCE NO. 72,2000, )
PETERSON, BART, )
BARKER, JERRY L - FOR )
THEMSELVES, IN THEIR OFFICIAL )
CAPACITIES AS MAYOR AND CHIEF )
OF POLICE FOR THE CITY OF )
INDIANAPOLIS, RESPECTIVELY, AND )
AS REPRESENTATIVES OF THE CLASS )
OF PERSONS EMPOWERED TO ENFORCE )
SNIPPETS:
UNITED STATES DISTRICT COURT
AMERICAN AMUSEMENT MACHINE) CAUSE NO. IP00-1321-C-H/G
REPRESENTATIVES OF A CLASS OF) OWNERS, OPERATORS, DISTRIBUTORS)
COTTEY, JACK - FOR THEMSELVES) IN THEIR OFFICIAL CAPACITIES AS) MARION COUNTY PROSECUTOR AND)
REPRESENTATIVES OF THE CLASS OF) PERSONS EMPOWERED TO ENFORCE) GENERAL ORDINANCE NO. 72,2000,)
INDIANAPOLIS, RESPECTIVELY, AND) AS REPRESENTATIVES OF THE CLASS) OF PERSONS EMPOWERED TO
CAPACITY AS THE DESIGNATED CITY)
even though adults' access to the same sexually explicit materials may not be restricted.
See Ginsberg v.
Amendment law to video games with images of graphic violence.
deemed "harmful to minors" if they include either "strong sexual content" or "graphic
Plaintiffs are in the business of manufacturing, distributing, or displaying video games.
Plaintiffs contend, however, that the Ordinance's restrictions on games with "graphic
The first issue here is whether violent video games are forms of expression protected by the
just as Ginsberg shows a government may restrict access to games with explicit sexual
Amusement Machine Association, Amusement & Music Operators Association, and the Indiana
Preliminary Injunction Standard
Barnes v. Glen Theatre, Inc., the Supreme Court found that several earlier cases supported
Constitution permits government to impose restrictions on speech in limited circumstances.
in fact causes children to engage in harmful aggressive behavior.
Roth v. United States, 486-87.
demonstrate that children have significant First Amendment rights.
Communications Decency Act's restrictions on indecent and patently offensive Internet
In Sable Communications, Playboy Entertainment Group, and Reno v. ACLU the Court took
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