BY
Mille
Shaw
THE MARSHFIELD BAN STANDS • AOE- ASI CEASE LEGAL FIRE IN HOPE OF A TRUCE • TOWN CONFUSED ON
VIDEO RIGHTS • AGMA PROPOSALS 'UNREALISTIC,' SAYS U.S. CUSTOMS • SMUGGLED VIDEOS HEAD TO
MIDWEST • ROWE TO BUY PHILLIP MOSS • O'DONNELL LEAVES BALLY • BID FOR DOLLAR COIN DIFFICULT
AMOA SCRUTINIZES CIGARETTE VENDING • COIN-OP IMPORTS, EXPORTS DOWN
THE MARSHFIELD
BAN STANDS
principles involved, which, in this case,
were the First and 14th Amendments to
the Constitution. Only Justices William
Brennan and Byron White agreed the
industry's petition contained sufficient
grounds for the Supreme Court's
review.
In the standing decision on the case,
that of the Massachusetts Supreme
Court, the ruling judge referred to
video games as nothing more than
advanced pinball machines. How-
ever, he did note that in the future
games might contain "sufficient
communicative and expressive ele-
ments" to earn such protection.
Zaleznik gleans hope from that
passage and from a new case in
which a U.S. District Court has re-
strained the Massachusetts city of Fall
River from refusing to renew an
arcade license.
"We believe that with laser disc.
video game technology has ad-
vanced enough to be awarded First
Amendment protection," Zaleznik
said.
Ban supporters look at the decision
The U.S. Supreme Court has rejected
an industry request to review a
Marshfield, Massachusetts, law that
bans coin-operated video games.
The decision to bypass the case
came November 28, and the next day
Marshfield police informed mer-
chants they had three days to remove
the town's 60 to 70 games.
The decision ends the battle between
industry lawyers and the town of Marsh- ~-------------------------------·..,
field that has raged since the ban on
"all electronic amusement devices" was
voted into effect at a June 1982 town
meeting. At each of the previous court
challenges, the ban was upheld. But
each time lawyers for the Marshfield
On the eve of the scheduled show- the previously scheduled time and
locations who brought the suit were
down
between industry trade shows, announced location" of AOE '84 and
able to keep the games in operation
A musement Operators Expo and by having "its members refuse to
while they pursued a new hearing at a
Amusement Showcase InternationaL attend or support" the AOE. (Play
higher court.
AO E sponsors have arranged a cease- Meter, December 1. 1983, p . 19)
" This ends the litigation on the
fire.
According to Play Meter Publisher
matter. but we are considering a
On November 1 7, AOE co-spon- Ralph C. Lally IL the suit was volun-
legislative effort to reverse the law,"
sors Play Meter and Conference tarily withdrawn after both sides
offered a dejected Ira Zaleznik, the
Management Corporation voluntarily indicated the contlict could be settled
attorney who presented the mer-
withdrew their suit against the Amuse- amicably.
chants' case. He said there was little
ment Game Manufacturers Associa-
"There has never been any question
chance of a successful legislative
tion
and the Amusement and Vending that we will defend operator-oriented
effort.
M achine Distributors Association. The AOE '84 as staunchly as is necessary,"
There was an industrywide effort to
suit w as withdrawn "without preju- Lally said. "Nor is there any question
have Marshfield's General By-Law No.
dice," meaning AOE sponsors can that AOE '84 is going to be a success
48 declared unconstitutional. Zalez-
later reinstate it should such action worthy of the four shows we have put
nik's firm. Lewin & RosenthaL was
become necessary.
on for the industry in the past. no
joined by attorneys for the Amusement
On November 18, AOE sponsors matter how it is attacked
and Music Operators Association
were to begin arguments in the U.S.
"But we will walk the last mile, and
(Jenner & Block) and the National
District Court in Alexandria, Virginia, more, to avoid a fight that can only
Coin Machine Institute.
that manufacturers organized under end up hurting everyone." Lally con-
For the Supreme Court to hear the
the AGMA umbrella were unfairly tinued. " We all hope that the parties
case. at least four of the nine justices
competing with AOE '84 by staging are now moving toward a fair
had to agree the case posed issues
their own show "deliberately close to solution."
which could substantially alter or add
to the interpretation of the federal
AOE-ASI CEASE LEGAL FIRE
IN HOPE OF A TRUCE
•
8
PLAY METER, January 15, 1984