Gul durned kids, get off m’ lawn!
You might remember Pokémon Go as that must play app for 2 months in the Summer of last year. It spawned a number of imitators, but none of them quite managed to get people to wander onto private property looking for a Bulbasaur. But they’re all in trouble in regards to Milwaukee County.
February this year, Milwaukee County put into effect an ordinance requiring the developers of AR apps such as Pokémon Go or Candy Lab AR’s Texas Rope ‘Em to seek a permit for their players to play in public spaces. And if you haven’t discerned what’s bass ackwards about that, you’re probably the old fart who wrote the damn ordinance in the first place.
Under the ordinance, AR app makers have to get a permit for their players from the city. This requires them to provide a relatively accurate estimate of their players in that area. They also need to provide the times said players will be in the area. The permits cost $1000, and they must accept full liability, as well as provide medical care and garbage pick up.
Last I checked, these games weren’t a street fair or music festival. All of those things are impossible to provide, because the players active in any one area are nebulous, and fluctuate throughout the day. Those permits will add up like crazy. Which is why the above mentioned Candy Lab AR is suing Milwaukee County on the grounds that the ordinance violates the First Amendment. Most games are protected under the First Amendment, though AR games have not yet been decided to have that luxury. Candy Lab AR’s lawyer, Brian Wassom, had this to say:
“They are tying to shoehorn us into this existing permitting scheme for events that are finite in time… They’re passing two-dimensional laws in a three-dimensional world.”
Niantic (of Pokémon Go fame) has maintained their stance that “continued innovation and responsible game play, rather than regulation, is the way that developers, players, and their communities will realize the potential of this technology for civic engagement, creative expression, and health.” They’ve worked with many Parks departments, including those of Milwaukee County, to ensure that their game is played safely, and with less bother to business owners or unrelated organizations. This includes making the hours an area will be game related flexible upon demand of the owner of the location.
Still, the problem persists that there’s no way for developers to properly apply for the permit. They don’t sell tickets to play their games in an area during set hours. As such, Candy Lab AR is taking their case to court in April 2018, assuming an agreement can’t be reached beforehand.
~I apologize for clogging up the Internet Tubes with my opinion, ordinance writer guy.~
About Author
