For now legislation HB 353 is dead. The Utah Governor Jon Huntsman has vetoed the bill named Truth in Advertising Act Admendment. The bill would have enforced strict penalties on retailers who would sell M-rated video games or R-rated movies to customers who were underage.
Earlier this week the bill sailed through the Utah House of Representatives on approval of 25 to 4. This bill was authored by Jack Thompson and Utah Rep Mike Morley.
In a letter that Huntsman wrote to the Speaker of the House, he explains his reasons for his veto.
March 25, 2009
Dear Speaker Clark and President Waddoups,
After careful consideration and study, I have decided to veto HB 353, TRUTH IN ADVERTISING ACT AMENDMENTS, and have transmitted it to the Lieutenant Governor for filing.
While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the First Amendment.
The industries most affected by this new requirement indicated that rather than risk being held liable under this bill, they would likely choose to no longer issue age appropriate labels on goods and services. Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children’s potential exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant majority of vendors.
Sincerely,
Jon M. Huntsman, Jr.
Governor
After hearing the news of the veto Michael D Gallagher, CEO and President of the ESA, who has been fighting the bill, responds to the news.
"This is an absolute win for families. Utah’s parents will benefit from Governor Huntsman’s leadership and thoughtfulness on this issue. His decisive action helps caregivers and prevents businesses from being opened to unproductive, wasteful civil litigation and needless expense. Parents can be assured that the strength of the ESRB rating system remains intact and continues to serve as a valuable resource and will continue to effectively serve them."
All is not rosy, as Jack Thompson has vowed that the backers of the bill will seek to override the governor’s veto. With the overwhelming majority the first time through, this could get overturned. I would have to agree with the governor, if this does get overridden and becomes law, it will get caught up in court battles, and the ESRB may not be welcomed in the state of Utah anymore.


























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