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Reader Comments (38)

Posted: Jul 22nd 2009 11:23AM AkumaFTW said

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I can see them banning AO games but M rated games are where the advertising dollars come from in the first place. Doesn't make any sense

Posted: Jul 22nd 2009 1:41PM RyanLN said

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I can't even see them banning AO games, even though off the top of my head I can't think of a single AO game that I have ever owned. Once you start restricting advertising based on the content of the thing advertised- and not the advertisement itself- you slide down that slippery slope to the unconstitutional scrapheap as a government trying to control a limited public forum. What happened, Chicago? You used to be cool. Good luck- this is gonna cost you.
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Posted: Jul 22nd 2009 11:24AM vidguy said

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I live in the Loop and there are tons of buses, bus stops, and billboards advertising District 9, a rated-R movie. I've only seen ads for the most high-profile games, but I definitely remember GTAIV ads.

Posted: Jul 22nd 2009 11:33AM Wiizer said

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Yeah, they're definitely going to win.

As long as the ads are not doing anything risque, they can't ban them as long as they pay.
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Posted: Jul 22nd 2009 11:39AM vidguy said

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Agreed. There's plenty of case law supporting the proposition that you can't unequally burden one market or medium over another for the same activity.
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Posted: Jul 22nd 2009 12:10PM (Unverified) said

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Why can't Chicago Transit Authority refused to advertise by not accepting payment to advertise? The ESA can't hold a gun to the Chicago Transit Authority and require them to advertise their material. Don't accept payment for said advertisements, then you have nothing to worry about.
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Posted: Jul 22nd 2009 12:16PM Wiizer said

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@ Todd

OH! So, that means I can refuse to serve Hispanic people at my restaurant, because I don't like the color of their skin?

Great, excuse me while I go make the signs...
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Posted: Jul 22nd 2009 12:22PM vidguy said

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@Todd - the CTA allows any company to advertise its product or service on buses, bus-stops, etc, provided that the ad /itself/ is not offensive (violent, sexual, etc). ONLY video games that are rated M or AO are prohibited. The GTAIV ads that caused the uproar contained Niko's picture and the words "Grand Theft Auto IV" - nothing violent, nothing sexual, nothing offensive. That's discriminatory treatment based on the underlying message (the video game's content, not that ad itself), which is unconstitutional.
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Posted: Jul 22nd 2009 2:10PM Duke said

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Funny thing is that this all started when Daley was making a big push about violence in Chicago and how we needed even stricter gun laws. He was all over yelling and screaming about how violent things were and how the city needed to take action. Then we see this ordinance pop up as Daley told the NRA and others that he would not follow the recent Heller decision regarding DC's gun ban. I'm just trying to get across that there was a lot going on that led to this situation then simply the CTA ban on this game's ads for that sake alone.

Todd, going off of what you said above, you are not thinking this issue through enough. This does appear to be the government overstepping its bounds and infringing on the 1st amendment rights of the game manufacturers. They made a targeted law to stop rockstar's ads because of local political pressures -in this case relating to violent video games, and not for valid reasons. That being said, I expect this fight to last. (Even though we still would see buses with ads for this game on them months after the ban was enacted.)
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Posted: Jul 22nd 2009 11:29AM Ghen said

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GTAIV might get a pass with enough money, but games that aren't getting as much money like brutal legend that should still be bought by everyone would be blocked.

I don't understand why M rated games doesn't just = R rated movies for everything just by default. People are weird.

Posted: Jul 22nd 2009 11:35AM Uphillbothways said

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People are strange, when you're a stranger
Faces look ugly, when you're alone
Women seem wicked, when you're unwanted
Streets are uneven, when you're down.
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Posted: Jul 22nd 2009 11:30AM nukee said

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Good. Those ads were in no way controversial. Fox News Chicago likes to make stories out of nothing. Every ad for their evening news tries to make some interview sound controversial by editing the fuck out of it.

Posted: Jul 22nd 2009 11:33AM (Unverified) said

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I see no problem banning AO games, but most of the games sold nowadays are M, and most don't even deserve the rating but only get it to sell more games.

Posted: Jul 22nd 2009 11:41AM Paviel said

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While I do think that the CTA are jerks for banning ads for M-rated games, I also thought that they were broke. How could the ESA get any money from them?

Posted: Jul 22nd 2009 11:45AM vidguy said

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I'm sure they are after an injunction repealing the ordinance, allowing the use of M-rated ads, not money. But the CTA should have money, they just got $900 million in state funding and they keep hiking the rates.
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Posted: Jul 22nd 2009 11:41AM Martin C said

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I'm certain that they'll get the ruling they're after. Maybe the CTA should have a look at the Constitution sometime.

Posted: Jul 22nd 2009 11:43AM Martin C said

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They're not suing for money, as far as I know. They're only suing for their constitutionally protected rights of free speech.

If they are suing for money though, could someone provide a link for further info?

Posted: Jul 22nd 2009 11:44AM Martin C said

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That was in reply to Paviel's comment above.
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Posted: Jul 22nd 2009 2:24PM Duke said

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The ESA lawsuit is to get the ordinance thrown out.

Page 14 of the linked complaint file:

PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands that this Court enter a judgment in Plaintiff’s favor and
against Defendant as follows:
(a) Declaring that the Ordinance is void and of no force
and effect;
(b) Enjoining Defendant or its representatives from
enforcing, or directing the enforcement of, the
Ordinance in any respect;
(c) Awarding Plaintiff its attorneys’ fees under
42 U.S.C. § 1988;
(d) Awarding Plaintiff its costs herein; and
(e) Granting such other general and
equitable relief as the Court deems fit and proper.



Take Two's lawsuit on the other hand does ask for damages including punitive and over 300k in loses.
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Posted: Jul 22nd 2009 4:31PM Martin C said

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Thanks for that, Duke.

I think they'll both win, though I don't know much TakeTwo will walk away with.

It's pretty common knowledge that marketing = incremental sales, so once the ordinance is proven unconstitutional, it becomes a matter of how much estimated revenue was lost.
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Posted: Jul 22nd 2009 12:00PM jsutcliffe said

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I really don't see what the problem is. Why shouldn't the CTA be able to say what they permit on their billboards?

It's their loss if they're losing lucrative advertising deals, but I appreciate them sticking to a principle.

Posted: Jul 22nd 2009 12:20PM Wiizer said

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But, their principle is DISCRIMINATORY!

If everyone decided to advertise the things that they only like, the market wouldn't be even and monopolies would take over.
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Posted: Jul 22nd 2009 12:21PM Deezul AwT said

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The problem is they are singling out one medium - video games. MA rated TV shows, R rated movies, and probably "Parental Advisory" music is OK, but video games aren't?
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Posted: Jul 22nd 2009 12:23PM vidguy said

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They singled out video game ads based on the game's content, not the ad itself. A movie that contains the same content can advertise, but games cannot. It's unconstitutional.
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Posted: Jul 22nd 2009 12:33PM teamsammalone said

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The CTA doesn't discriminate or have any kind of moral stance or they wouldn't have had the ads in the first place.

It's about press. As a city service, they don't want controversy.

If they ran a story on WGN tonight about the Moosejaw bus ads (which are in far worse taste than the GTAIV ads) they'd be gone tomorrow.
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Posted: Jul 22nd 2009 12:42PM vidguy said

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I agree it was initially about press. But now CTA Ordinance 008-147 prevents, for example, a Halo 3:ODST /logo/. It doesn't prevent full-scale ads from a rated-R movie about humans fighting aliens, but it does for a video game with the same content. That's discriminatory.
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Posted: Jul 22nd 2009 1:24PM teamsammalone said

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The separation is based around the public perception that the two aren't equal. Also the audience is vastly different. Rated R movies have a much wider audience and awareness. If you could convince the media and the vast majority of consumers to embrace games in the same way film is widely accepted you wouldn't have a problem.

Whether or not we as game consumers see a correlation between M games and R movies is irrelevant because you'll never convince people outside of gaming that watching a movie where a character gets shot and shooting a character in a game is the same thing. The public is just comfortable wit R rated movies because of their audience penetration (who didn't see an R rated movie last year?) and the fact that they've been around for ages (in R or X form).

tl;dr: Right or wrong, it's only going to be considered discriminatory if you look at the two as being the same which the public largely does not.
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Posted: Jul 24th 2009 9:23AM (Unverified) said

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Your principle is fine... in the PRIVATE sector. CTA is not a privately owned business like a magainze or television station, they are a PUBLIC bus authority.

As such they are subject to a set of laws different from what you would typically think of for any other type of advertisement, they can't discriminate in anyway. They have to allow any potential advertiser a fair opportunity.

If this was a TV station or a magazine privately owned, then your logic is spot on. Fox, for example, doesn't have to advertise anything on NBC or ABC. The Super Bowl can choose to forbid Sam Adams from buying advertisements. Game Informer can choose to forbid Best Buy ads. They are privately owned, and as such their not considered a public forum, so they aren't subject to the first amendment.
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Posted: Jul 22nd 2009 12:28PM teamsammalone said

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I thought this was a dead issue. They took down all the ads (from the buses not the bus shelters [The shelters are JC Decaux not CTA]) when the console game was coming out and there was a big fuss, but I thought they had them up again around the time the PC version was coming out.

Regardless, the advertising for M rated games is still on billboards (L4D billboards were everywhere), bus shelters, and painted on walls. The city of Chicago can be absurd. Every decision making city worker is afraid of making decisions that could get them in trouble with special events, the media, or the aldermen. They'd rather spend hundreds of thousands of dollars in delays and changes to projects than delay something like Venetian night or any other event.

That said, we want the Olympics and that's kind of what things are about right now. I hope we get it.... I need a new job...

Posted: Jul 22nd 2009 12:30PM Burritoclock said

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I fear the outcome here will be a banning of R rated movie advertisements instead of an allowance of Videogames.

Let me rephrase, ESA wins, legislators get upset and ban it all, then another court case.

Posted: Jul 22nd 2009 1:01PM NIck PSN ID Rattlehead91 said

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If the ESA can win, surely Hollywood would have no trouble winning a case.
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Posted: Jul 22nd 2009 1:35PM (Unverified) said

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1.) There were sooooooooooo many GTA ads on buses, L stops, etc.

2.) The CTA is totally broke. They should be doing anything to get some revenue.

Posted: Jul 22nd 2009 1:45PM Bailers77 said

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Kind of silly for the CTA to block the GTA IV ad when there was (i'm not kidding) a 50 foot something ad on the side of a building near the Clyborn Metra stop for months. Oh, and the Rockstar stickers all over downtown on just about everything. Do they really think that they are going to be protecting anyone by preventing advertising on the L or busses?

Posted: Jul 22nd 2009 1:50PM teamsammalone said

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Yes. Themselves.
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Posted: Jul 22nd 2009 1:52PM (Unverified) said

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It would NOT make it fair to ban TV-MA and R-rated advertisements as well.

I hate it when people do this. They make the mistake of thinking that the ESRB M rating is equivalent to an MPAA R. Tell me, when was the last time you saw photorealistic nudity of real human beings in a videogame? When was the last time you saw gore that was realistic to the level of Saving Private Ryan? How about Saw?

No, an M rating in the videogame world is equivalent to a PG-13 movie. Even the most intense M-rated videogame is animated characters. And they're not even allowed to do things they would be allowed to in an animated movie. You could have full nudity on animated characters in a PG-13 movie, but such would earn you an instant M from the ultraconservative ESRB.

The ESRB is a pox on gaming. They present a chilling effect on free speech and they stunt the market artistically. We will never have videogames that deal with actual mature issues as long as the ESRB exists. And no, if we get rid of them the government will NOT step in. They have already tried, many times, and the courts have struck them down. If there were no ESRB, it would be the same. Games can be labelled for content without having to be "rated". Parents can decide at what age their kids are ready for content, not some shadowy secretive organization that demands tens of thousands of dollars to rate each game. And the videogame console manufacturers should be ashamed of themselves for throwing in so completely as to all forswear that no unrated or AO rated material would ever boot on their systems.

Would you buy a DVD player that would not play unrated DVDs or NC-17 rated DVDs? Of course not. But for some reason, gamers feel fine shelling out hundreds of dollars for these crippled boxes that won't play anything that might have the danger of actually having a cultural impact beyond the kitschy.

Posted: Jul 22nd 2009 2:24PM (Unverified) said

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Although the ESA might have a somewhat legitimate argument, it seems that the Supreme Court has allowed a governmental entity to have advertising space and limit what can be said there much moreso than it can limit what can be said in a public forum. It seems in this case, although the ESA will argue otherwise, banning violent video game ads is acceptable because the city has an interest in keeping controversial and disruptive advertising off of its buses. Regardless of whether you think an M-rated game SHOULD be more controversial than an R-rated movie, it is more controversial in our society.

The first amendment is not some blanket rule that allows anyone to say anything at anytime.

Posted: Jul 22nd 2009 5:18PM (Unverified) said

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Im rather upset that devs dont just push there rating up 1 year from m to Ao and give us more sex, gore ect in there games. Its only one year. But I hear there not allowed so I guess that sucks

Posted: Jul 23rd 2009 10:05AM Mr Itcher said

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We have the same thing going on in Boston, well, not a lawsuit, but "discrimination." Basically, I don't care if there are dicks and rainbows all over my train, as long as I get to work, the ballgame, the bar, etc in one piece and on time.

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