A lot sure has been said over the proposed Video Game Ratings Bill, and it certainly is far from over. Now releasing a statement is ESA CEO Michael Gallagher, and he deems this proposed policy is unconstitutional. Check out what he said regarding the matter over at the full article.

During the DICE Summit, Michael Gallagher, CEO and new president of the ESA, told the audience that the video games industry has become mainstream.

It all started with Pong, the game industry has finally arrived with games reaching millions of households in the US and throughout the rest if the world. Details of his speech in the full article.

As expected, Governor Arnold Schwarzenegger has filed a notice of appeal to the recent decision of courts that declared California's video game violence law unconstitutional. According to the said bill signed back in 2005, the sale of video games is restricted to anyone below 18 years of age. The Governor explained:

Many studies show the link between plagying ultra-violent video games and violent behavior. We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions. We protect our children from buying inappropriate movies and ought to be able to protect them from buying inappropriate video games as well.

In a counter move, the Entertainment Software Association or ESA has filed a motion to Judge Ronald M. Whyte of the Northern District of California for the reimbursement of attorney fees and other expenses during the trial from Schwarzenegger. The amount bring asked by the association totals US$ 324,480. ESA President Michael Gallagher had this to say:

California citizens should be outraged at their elected leaders. Hard-earned tax dollars were spent on defending this law that California's state leaders knew was unconstitutional... From early on, the industry warned Governor Schwarzenegger and Senator Yee that this bill was unconstitutional and would be thrown out by the courts and that California taxpayers would pay the cost.

Both the ESA and the Entertainment Merchants Association (EMA) believe that the governor's appeal is going to be a disappointment as other rulings on prior similar cases are consistent with the decision of the California courts. EMA President Bo Andersen gave this piece of advice to Governor Schwarzenegger:

The court's ruling is consistent with rulings that have barred eight similar laws around the nation, and we fully expect it to be upheld on appeal. Rather than wasting more public funds in trying to defend a patently unconstitutional law, we believe the state should invest in helping parents make informed decisions about the video games brought into their homes.