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ENTERTAINMENT SOFTWARE v. CHICAGO TRANSIT AUTH.

No. 09 C 4387.

696 F.Supp.2d 934 (2010)

ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiff, v. CHICAGO TRANSIT AUTHORITY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

January 7, 2010.

Attorney(s) appearing for the Case

David P. Sanders, Jenner & Block LLP, Chicago, IL, Duane Pozza, Katherine A. Fallow, Matthew S. Hellman, Paul March Smith, Jenner & Block LLP, Kenneth Doroshow, Washington, DC, for Plaintiff.

Richard M. Carbonara, Sandy L. Morris, Chico & Nunes, P.C., Allison Seger Noback, Chicago Transit Authority, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

This case presents the question whether Defendant Chicago Transit Authority ("CTA"), a governmental entity, may prohibit commercial advertisements for mature-content video games on its trains, buses and facilities without running afoul of the First Amendment. On January 1, 2009, the CTA implemented an ordinance prohibiting any advertisement which "markets or identifies" a video or...

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