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Taxpayers are a big loser thus far in California's push to stop children from playing violent video games.

Legislation to keep such games from minors has been swatted down twice in federal courts, prompting a pending $96,000 payment of plaintiff's litigation costs in addition to the $286,577 paid last year.

Settlement has been reached to pay the Video Software Dealers Association $95,000 in appellate attorney fees and costs, plus $1,000 in interest, according to a legislative committee analysis of Assembly Bill 93, the state's annual claims bill.

The bill is moving to the Assembly floor after being passed unanimously Wednesday by the Appropriations Committee.

The Attorney General's office has until May 20 to decide whether to appeal to the U.S. Supreme Court in an effort to revive the violent-video ban. No decision has been reached, said Scott Gerber, spokesman for the AG's Office.

Sen. Leland Yee, a San Francisco Democrat who passed the controversial 2005 bill to regulate violent video games, would like to see the state continue its fight for implementation, said Adam Keigwin, Yee's chief of staff.

"That would be a small price to pay to save children and to give parents a tool," Keigwin said of litigation costs.

"At what cost do you stop doing what you think is right?" Keigwin said, adding that the state could recover money paid to the plaintiff if it ultimately prevails on appeal.

Yee's legislation prohibited the sale or rental to minors of video games depicting a human being killed, maimed, sexually assaulted, or seriously injured by torture or physical abuse.

U.S. District Judge Ronald Whyte blocked the law from being enacted, finding that it restricts the free-speech rights of minors and that the state has not proved that violent video games cause children to become violent themselves.

The 9th U.S. Circuit Court of Appeals later upheld Whyte's ruling.


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