AMERICAN AMUSEMENT MACHINE ASS'N v. KENDRICK

No. 00-3643.

244 F.3d 572 (2001)

AMERICAN AMUSEMENT MACHINE ASSOCIATION, et al., Plaintiffs-Appellants, v. Teri KENDRICK, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 2001.

Rehearing and Rehearing Denied May 25, 2001.


Attorney(s) appearing for the Case

David L. Kelleher (argued), Elliott I. Portnoy, Timothy F. Brown, Evan S. Stolove, on the brief, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, Jackie M. Bennett, Jr., Wayne C. Turner, John F. McCauley, McTurnan & Turner, Indianapolis, IN, for Plaintiffs-Appellants.

A. Scott Chinn, Office of the Corporation Counsel, City Counsel Legal Division, Indianapolis, IN, Matthew R. Gutwein (argued), Baker & Daniels, Indianapolis, IN, for Defendants-Appellees.

Paul M. Smith, Jenner & Block, Washington, DC, for Amicus Curiae Interactive Digital Software Assn.

John J. Wheeler, Charlottesville, VA, for Amicus Curiae Thomas Jefferson Center for the Protection of Free Expression.

Robert Corn-Revere, Hogan & Hartson, Washington, DC, Cindy Cohn, Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation.

Burton Joseph, Joseph, Lichtenstein & Levinson, Chicago, IL, David Greene, First Amendment Project, Oakland, CA, Marjorie Heins, National Coalition Against Censorship, New York, NY, for Amicus Curiae Scholars & Authors in the Field of Media & Communications.

Michael A. Bamberger, Sonnenschein, Nath & Rosenthal, New York, NY, for Amicus Curiae American Booksellers Foundation for Free Expression.

Before POSNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 25, 2001.

POSNER, Circuit Judge.

The manufacturers of video games and their trade association seek to enjoin, as a violation of freedom of expression, the enforcement of an Indianapolis ordinance that seeks to limit the access of minors to video games that depict violence. Denial of a preliminary injunction has precipitated this appeal.

The ordinance defines the term "harmful to minors" to mean "an amusement...

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