Play Meter

BY
Mille
Shaw
MARSHFIELD VIDEO GAME BAN UPHELD • BAN AUTHOR CRITIQUES INDUSTRY • GRAY AREA MANUFACTURERS
ARRESTED • DORIS STEPS DOWN • CALIFORNIA TAX AMENDED • FLORIDA OPS UNSCATHED • 'CUTE-SEE'
GETS SPLIT DECISION • NEXT THREAT: LOnERY VIDEOS • ARCADES MUST DEAL WITH COMPLAINTS •
MISSISSIPPI OPERATORS ORGANIZE • DEVASTATING TOWN FEES
MARSHFIELD
VIDEO GAME
BAN UPHELD
The highly publicized Marshfield
ban on commercial video games has
been upheld by the Massachusetts
Supreme Court.
The ruling will cause the removal of
about 70 video games in the south
shore resort community. Previously,
the ruling had been upheld by the
state attorney general. the Plymouth
County Superior Court. and the state
Appeals Court. The Marshfield bylaw
had been vigorously opposed by nine
video game locations supported by
the Coin Machine Industries Associa-
tion of New England and veteran
coin-op industry attorneys.
The town voted 191 to 19 in June
1982 to prohibit local businesses from
having video games and re-enforced
its support of that decision at a town
meeting this May when a chorus of
more than 500 residents shouted "nay"
to a proposal to !itt the ban for bars
and restaurants.
12
The battle over the ban was viewed
as an extremely important test for the
industry. As industry officials awaited
the Supreme Court's decision. they
predicted a victory for Marshfield
could mean another 300 cities nation-
wide will impose similar restrictions on
videos.
"It could ruin an industry that
employs 400.000 Americans." said
Barry Rosenthal. an industry lawyer in
the case.
"This issue is tougher than Mesquite."
said Ira Zaleznik. Rosenthal's law
partner. "because here we're talking
censorship." (Play Meter. May 15. p .
14. City of Mesquite v. Aladdin 's
Castle, Inc. )
In a sweeping decision against the
video g a me industry, Justice C. J.
Hennessey. writing the court's decision.
denied all three industry contentions.
To the merchants' objection that the
Marshfield ban was inconsistent with
state law prohibiting a total ban on a
legitimate business. the court replied.
"It is clear that in some areas of activity
legal business activities regulated by
state law may be prohibited by local
bylaws."
Another industry objection centered
around constitutionally guaranteed
freedoms. " fundamental rights of free-
dom of expression guaranteed under
both the State and Federal Constitu-
tions."
But the court replied that it was "not
prepared in this case ... to hold that
these video games. which are. in
essence . only technologically
advanced pinball machines. are
entitled to constitutional protection."
It w as the second time in a few
months that the Massachusetts court
denied First Amendment rights to
video games. having ruled similarly in
Caswell v. Licensing Commission for
Brockton (Play Meter. March 15. p .
19).
In denying the industry's third and
final objection to the Marshfield law.
the court ruled a city could single out a
particular industry to legislate against.
despite its established legitimacy
under the state law.
"Even a legitimate occupation may
be restricted or prohibited in the
public interest." the court said. calling
on an earlier Massachusetts ruling.
"It wculd be reasonable for a town
to prohibit the commercial operation
of these games to further the legiti-
mate objectives of decreasing noise.
traffic. and congestion in the areas of
the business operating the games."
The ruling. issued June 13. takes
effect July 11 . As of that date. there w1ll
be no commercial video games on
location in Marshfield. the ban's origi-
nator. Thomas Jackson. assured Play
Meter.
Industry attorneys said they did not
want to "let the decision lie" and
suggested they might appeal the
decision to the U.S. Supreme Court. •
BAN AUTHOR
CRITIQUES
INDUSlRY
The organizer of the Marshfield.
Massachusetts. ban on commercially
operated video games said he led the
fight to rid the town of the games
because the people in the video
games business in his area "are all
hoods."
Thomas Jackson. a former Massa-
chusetts narcotics officer and head of
PLAY MmR. August 1, 198J