The ads that were banned by the city's Transit Authority have gained the court's favor

Jan 11, 2010 10:15 GMT  ·  By

Getting games and game-related items banned seems to be a popular past time for some. As a rather controversial title with plenty of eyebrow-raising topics, Grand Theft 4 wasn't spared the "ban attention." But it seems that at least the interdiction the game received has been lifted. In 2008, several GTA4 ads were placed in direct proximity of Chicago's metro transit system, but they were quickly removed, as the Chicago Transit Authority considered them to be far too offensive.

The official argument is that it's its policy to not allow X-rated movie ads to be showcased, but it was rather unaware that an M-rated game was a lot closer to an R movie rating, and that the Adults Only title rating would be the equivalent of an X-rated movie.

Still, the ads were removed, and legal action soon followed, as Take-Two filed a lawsuit against CTA, a move that was recently supported and joined by the Entertainment Software Association. Now, some two years later, it looks like a decision has finally been made. A judge for the Northern District of Illinois has imposed a preliminary injunction in favor of ESA, removing the GTA4 ad ban.

According to GamePolitics, Niko's white knight in shining armor is Judge Rebecca R. Pallmeyer, who decided that, "The advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns."

While the Chicago Transit Authority could further pursue the case in court and fight this decision, right now, the GTA4 ads are allowed for public display. ESA's President, Michael Gallagher, applauded the decision and said that, "This ruling is a win for Chicago's citizens, the video game industry and, above all, the First Amendment. It is our hope that the CTA sees the futility of pursuing this case further. To do so will waste taxpayer money and government resources."

Considering that there is a legal precedent in the protection of video games by the First Amendment, something that Judge Pallmeyer made pretty clear in court, it looks like this could be the final verdict in the matter. Still, we have to wonder just how effective these ads are or what point they would still serve right now, almost two years after the game was released.