WASHINGTON, D.C. – Representative Joe Baca (D-Rialto) said today he still plans on pursuing his bill to ban the sale of violent and sexually explicit video games to minors despite the recent court ruling declaring similar bans unconstitutional. Baca’s comments came after learning about the US Court of Appeals 8th Circuit decision to strike down a St. Louis County Ordinance on Constitutional grounds. 

“We are not discouraged by this ruling,” Baca said. “The court established a set of criteria and standards that we are confident our bill can meet.” 

“In determining the applicability of the 1st Amendment, the court ruled that the video games are no different than ‘choose your own adventure books.’  Are you telling me that choosing different endings in a fairytale is the same as choosing to have sex with a prostitute and then choosing to kill her?” Baca said. “When you play video games, you choose what you want to do.  It is interactive.  You instantly see the results of your decision. We are confident that the Supreme Court will recognize this distinction.”   

“The court also ruled that there are no real harms caused by video games,” Baca said. “Haven’t we seen what happened in Columbine and Paducah?  Even though the research in this area is young, the scientific evidence already indicates that there is a strong correlation between violent video games and aggressive behavior.  The science will eventually prove what we all already know.  It is just a matter of time before the courts see this.” 

“I am not discouraged because I think that this is similar to the tobacco cases,” Baca said. “People who were suffering with lung cancer lost case after case because the courts said the science wasn’t there.  The outcome has changed with tobacco cases and the outcome will change here too.” 

Baca also pointed out that there are distinctions between the bill he introduced in the House of Representatives and the county bill stricken by the court.  

“The court only addressed half of what our bill does.  The ruling did not touch on the sexual content in video games.  That is very important when you consider that games like BMX XXX show naked strippers,” Baca said. “These games are getting more violent and more sexual in nature.  When it comes to the legal process, time is on our side.  I just hope for the sake of our children’s futures that courts don’t take too long to make the right decision.” 

Baca’s bill currently has 42 co-sponsors and was introduced in the House of Representatives in March.