When Pokémon Go debuted last summer, the mobile game spread across the world–as of April 2017, more than 65 million people were playing, according to Business Insider. The game got people to exercise outside as they pursued Pokémon, but there were also some safety issues because of its augmented reality style.

Milwaukee County enacted an ordinance in February to curb the presence of Pokémon Go-style games in the city. According to the ordinance, game developers would be required to apply for a permit for augmented reality games, like Pokémon Go, to be played in parks.

But last week, U.S. District Judge J.P. Stadtmueller halted the ordinance because he said it may violate the First Amendment. Stadtmueller issued a preliminary injunction that the county cannot enforce the measure until a lawsuit between the county and Candy Lab Inc., which develops augmented reality games, is finished.

Candy Lab Inc. filed the lawsuit in response to the county’s ordinance, according to a local Fox affiliate. Under the county’s order, companies must also obtain a “certificate of insurance” worth $1 million of “general liability coverage,” according to The Hollywood Reporter.

Milwaukee County board supervisor Sheldon Wasserman filed the ordinance because the county was struggling to police activity in parks that doubled as “Pokémon centers” or “Pokémon gyms” for the game. The main issues included “traffic congestion, parking issues, littering, damaged turf, risks to natural habitats, lack of restrooms, and noncompliance with park system operational hours,” according to a report by Milwaukee County Parks. 

Milwaukee County is by far the largest in Wisconsin, home to over 16 percent of the state’s population. Other areas of the country have also experienced safety issues stemming from the game, which can distract people as they walk at night. Last year, three University of Maryland students were robbed at gun point on campus in a one-hour span while playing the game, according to the Baltimore Sun.

The federal judge wasn’t swayed by the public safety issues, however. Instead, Stadtmueller recommends that the county allocate resources to remedying the issue instead of putting the pressure on the companies:

Rather than prohibit publication of the game itself, the County could address its concerns by directly regulating the objectionable downstream conduct. … This might include aggressively penalizing gamers who violate park rules or limiting gamers to certain areas of the park. Such measures would assuage the alleged evils visited upon the parks by gamers while stifling less expression than the Ordinance does.

One issue Stadtmueller brought up in his decision was how broad the restrictions were. For a law such as this to be constitutional, he said, it must be narrowly-tailored to the specific issue and content neutral. The judge didn’t feel that was the case. Stadtmueller believes the current restrictions are too “vague” and provide too much censorship power to government officials, according to The Hollywood Reporter.

The county claims that the games can’t be considered speech, according to a local Fox affiliate. But Stadtmueller said the plot, characters, and dialogue make the game an expression of free speech.

Despite the decision, Wasserman is still committed to fighting for the ordinance. He said he is particularly intrigued by the groundbreaking nature of the case and the potential ramifications.

“I’ve also been told by the lawyers that this case is getting so hot, and that it brings up so many constitutional questions, that this has the potential to go all the way up to the U.S. Supreme Court,” Wasserman said.

Only 10 years ago it would have seemed impossible that people would walk around with their phones catching virtual Pokémon and visiting parks or buildings to battle other gamers. But now that is a reality local governments are facing.

Whichever direction the court proceeds, it will have a ripple effect across the gaming and mobile application industry. Because of the initial injunction, though, Pokémon Go fans can rejoice and continue to enjoy the application wherever, and whenever, they want.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Students Boo Betsy DeVos’ Commencement Speech

Yesterday, Education Secretary Betsy DeVos was met by booing and chanting students when she gave a commencement speech at Bethune-Cookman University in Florida. At times the jeering was so loud it drowned out her words, and several students stood up and turned their backs on her. The speech was supposed to last for more than an hour, but she wrapped it up after 20 minutes. The school’s president, Edison Jackson, warned the students that unless they stopped their behavior, their degrees would be mailed to them, and at least one student was escorted out.

Many in Bethune Cookman University graduating class turning their #BackstoBetsy Davos during commencement speech @NBCBLK pic.twitter.com/tUQTvW7ZxH

— Mariana_Atencio (@marianaatencio) May 10, 2017

Students criticized their school for giving them such short notice on who their commencement speaker was going to be, and on Tuesday, a group of students delivered a petition with what they claimed were 60,000 signatures to stop DeVos from speaking. But university officials said only 6,000 signatures were properly filled out. Now a lot of people are upset with the school for inviting DeVos in the first place, and also for giving her an honorary doctorate.

@FecklessBube @mollyhc @BuzzFeedNews The insult to those students has been foisted upon them by their tone deaf leadership. DeVos should never have been invited.

— Mike Prater (@emsprater1) May 10, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Who In The World Is Evan McMullin?

MT @JoeNBC candidate is Evan McMullin. Wharton grad, CIA alum, Goldman Sachs, Republican Policy Director, US House pic.twitter.com/NYMVepyuIj

— Aaron Mehta (@AaronMehta) August 8, 2016

Never heard of Evan McMullin? No worries, he is, up until recently, a complete nobody. But today he will enter the 2016 race for president. Even though he can’t (and definitely will not) win the presidency he is offering hope to many “Never Trump” and “Never Hillary” voters out there.

In any case, a lot of people are enjoying McMullin’s sudden fame:

|@Evan_McMullin started the day with 135 Twitter followers. He has a few more now.

— Jim Roberts (@nycjim) August 8, 2016

do u think evan had a moment before announcing his run for president where he was….mcmullin it over

— Lady Murderface (@itsa_talia) August 8, 2016

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Couple Abandons Child To Play Stupid Pokemon Catching Game

If this isn’t the epitome of first world problems, I don’t know what is. A young couple from Arizona allegedly left their 2-year-old son home alone to go catch Pokemon. After a neighbor alerted police, officials found the child outside barefoot, red-faced, and sweaty (it’s Arizona). When deputies contacted the child’s father, Brent Daley, to let him know they had found his son, he curtly replied “Whatever” and hung up the phone.

(Me right now.)

via GIPHY

When the couple finally got home after an hour or so, they admitted to leaving their child to play the world’s most popular new game. Is PokemonGo the problem or are these people maybe just really, really bad parents?

Arizona couple accused of abandoning toddler to play ‘Pokemon Go’ https://t.co/uQVU1mxl0spic.twitter.com/VkAVkRJlsK

— CP24 (@CP24) August 2, 2016

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On Sunday New York Governor Andrew Cuomo ordered that sex offenders stay away from Pokémon Go. The immensely popular game that has taken the world by storm for the past month leads its players on a real life search for digital Pokémon, using your phone’s map function.

Last week NY State Senators Jeffrey Klein and Diane Savino discovered that using the app actually might take you to the homes of convicted sex offenders. Now they are trying to pass legislation that will keep players a minimum of 100 feet away from such locations. It is also possible to pay real life money to get a rare Pokémon, in order to lure other players to your location–a tactic that some businesses are using to get customers to come to their stores.

Governor Cuomo previously worked to prohibit or limit Internet access for convicted sex offenders and pedophiles. This new directive will ban all registered sex offenders from downloading and playing interactive online games such as Pokémon Go. This will immediately affect around 3,000 individuals on parole.

We directed @NYSDOCCS to restrict sex offenders on parole from playing Pokémon GO and similar games: https://t.co/WpL19oEswq

— Andrew Cuomo (@NYGovCuomo) August 1, 2016

Cuomo also sent a letter to Niantic, Inc., the American software company behind Pokémon Go, asking for cooperation on the issue by technologically barring sex offenders from even using the app. He said in a statement:

Protecting New York’s children is priority number one and, as technology evolves, we must ensure these advances don’t become new avenues for dangerous predators to prey on new victims. These actions will provide safeguards for the players of these augmented reality games and help take one more tool away from those seeking to do harm to our children.

In the same statement, Jeffrey Klein said that pedophiles constantly seek new ways to approach and lure victims and that this is an important first step to limit the technological ways they can do it.

Diane Savino pointed out that Pokémon Go is an entertaining game for children, but the real world can be dangerous and it is important to remember the risks. However, there is no evidence that anyone has been sexually abused because of the Pokémon Go app.

It is great that an online game manages to get kids out and moving in their search for Pokémon, but there are several risks involved when walking around with your eyes on a screen–such as robbery, various physical injuries, and in one case, even finding a dead body. Hopefully the new directives regarding sex offenders will protect kids from one of those potential dangers.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Pro-LGBT PokemonGo Trainer Trolls Westboro Baptist Church

Even the beloved Pokemon Go craze isn’t safe from the spitting wrath of the Westboro Baptist Church. The game, which is on its way to surpass Twitter in daily active users, gained an enemy when Pokemon trainer “Pinknose” claimed WBC as a “gym” with the Clefairy pokemon. To top it all off, Pinknose named the gym LoveIsLove. Sounds like they’re asking for trouble right? Right. Westboro responded via Twitter, with this:

“@CGBPosts: Westboro Baptist Church Gym is controlled by a Clefairy named LOVEISLOVE.” Not for long!! #PokemonGOpic.twitter.com/f1hWF7toz6

— WBCSigns (@WBCsigns) July 10, 2016

The Westboro Baptist Church is a gym location in #PokemonGo and they are getting owned https://t.co/KO4DIYz95rpic.twitter.com/JNx9zyzphX

— UPROXX (@UPROXX) July 12, 2016

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When you open the new augmented-reality app Pokémon Go, the first thing you’ll see is a loading message warning: “Remember to be alert at all times. Stay aware of your surroundings.” If you thought the message was slightly melodramatic, trust me, you’re wrong. Since its Wednesday release date, the Pokémon-catching app has already been linked to armed robberies and a newly discovered dead body. So before you start roaming the streets searching for hiding Pikachus or gyms to capture, review this list of some of the weirdly dangerous encounters Pokémon Go players have faced.

Dead Body

Beware any dead bodies while searching for Pokémon. A 19-year-old from Riverton, Wyoming discovered a dead person while playing the game Friday night. Shayla Wiggins told Buzzfeed that she discovered the corpse while taking an early morning walk by Big Wind River to find some Pokémon.

Wiggins was struggling to find any Pokémon, so she walked down to the rocky river bank. “As I looked one way, I noticed that there was something in the water in front of me,” she said. “And so I took a closer look and saw it was a body.” When she finally realized it was in fact a body, she immediately called the police.

#News #Worldnews #Reddit Pokemon Go player discovers dead body in river https://t.co/F1HrqLbXy7 morgaine17 July 08… pic.twitter.com/4NyXIpOs4l

— Loren Brite (@PhilcamLoren) July 8, 2016

The Fremont County Sheriff’s Office is investigating the death–the corpse was an adult male–which appears to be accidental in nature and possibly caused by drowning. 

Armed Robbery

In Missouri, four suspects–who some have already likened to the villainous Team Rocket–used the app to target players in order to rob them. According to the Washington Post,

What Pokémon GO has to do with armed robbery and a dead body https://t.co/lTqyRw43vt #808news pic.twitter.com/DsvwdDoIH9

— khon2 News (@KHONnews) July 11, 2016

According to a Facebook post from the O’Fallon Missouri Police Department,

[Police] were able to locate four suspects occupying a black BMW a short time later and recover a handgun. These suspects are suspected of multiple Armed Robberies both in St. Louis and St. Charles Counties. It is believed these suspects targeted their victims through the Pokemon Go smart phone application.

The suspects were able to target players using the app’s pokestops–where players frequently gather–in remote areas, such as parking garages.

Injured Players

While the chances that you’ll be targeted by criminals while using the app are very slim, you should be extra cautious about causing accidental harm to yourself. From minor cuts and scrapes, to fractured bones, players are already reporting some serious Pokémon-related injures.

So I have had my first injury while playing #PokemonGO. pic.twitter.com/KKEfeQiHKH

— Ashten (@TheaAylaPokemon) July 11, 2016

One Redditor with the username Amalthea- claimed,

Not even 30 minutes after the release last night, I slipped and fell down a ditch. Fractured the fifth metatarsal bone in my foot, 6-8 weeks for recovery. I told all the doctors I was walking my dog lol… Watch where you’re going, folks!

Another player in New Zealand claimed to have face-planted while using his skateboard to search for Pokémon around his neighborhood.

Click here for a list of other injuries.

With users’ heads buried in their phones instead of observing their surroundings, injuries like these are bound to happen. However, they are entirely preventable.  In an effort to remind distracted Pokémon Go players not to use their cellphones while driving, the Ohio State Highway Patrol crafted a hashtag #DontCatchAndDrive.

Playing #PokemonGo? Please #DontCatchAndDrive! We know you want to catch ‘em all, but do so safely! pic.twitter.com/qaPoJ6fKgm

— Ohio State Patrol (@OSHP) July 11, 2016

For an explainer on what Pokémon Go is, check out the Washington Post’s rundown here. And while obviously most people playing the game have been fine, it’s always important to follow the game’s instruction and pay attention to your surroundings.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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