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Article published May 13, 2003
Bill forbids sale of violent games

Jeff Romig
Business Writer

Video game cop killers beware: State Rep. Ralph Davenport is coming to get you.
The Boiling Springs Republican has introduced a bill in the House of Representatives that would make it a misdemeanor to sell or rent video games that depict the killing or injuring of law enforcement officers.
Davenport did not return a phone call seeking comment, but industry officials and at least one constitutional scholar have described the bill as unconstitutional.
"We understand the concept, but the solution is the wrong solution and this bill is unconstitutional," said Sean Bersell, spokesman for the Encino, Calif.-based Video Software Dealers Association.
Davenport's bill, co-sponsored by Rep. Glenn Hamilton, R-Greenville, would impose a sentence of one year in prison or a fine of up to $1,000 upon conviction.
One state senator from the Upstate who asked not to be identified said he didn't believe the bill had a chance of passing.
"You can't criminalize the sale of a legal product," he said.
But Furman University political science professor and constitutional lawyer Donald Aiesi said while the bill doesn't pass constitutional muster, it might still gain House approval.
Aiesi said legislators risk being painted as pro-violence by voting against the bill.
But, he said, "There's absolutely no way a law like that would be upheld."
Bersell said the bill's wording is problematic.
"What's a law enforcement officer?" he asked. "What if a game targets a Gestapo officer or a Special Republican Guard? It's just poorly drafted."
Blockbuster spokesman Randy Hargrove said the bill is unnecessary.
"We think it should be up to the consumer to decide," he said.
Bersell agreed.
"It's disturbing that video games make targets of law enforcement officers, but the First Amendment protects things we like and things we find disturbing," Bersell said.
Governor's Office spokesman Will Folks said there were more pressing issues on the table at the moment, hinting that Gov. Sanford might not sign the bill if it made it to his desk.
Bersell said a similar bill that prohibits selling or renting such games to minors is on the desk of Washington Gov. Gary Locke.
Jeff Romig can be reached at 562-7270 or jeff.romig@shj.com.