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					Video Software Dealers Association et al v. Schwarzenegger et al                                                          Doc. 26
                     Case 5:05-cv-04188-RMW           Document 26          Filed 11/10/2005     Page 1 of 3


                 1 BILL LOCKYER
                   Attorney General of the State of California
                 2 LOUIS R. MAURO
                   Senior Assistant Attorney General
                 3 CHRISTOPHER E. KRUEGER
                   Supervising Deputy Attorney General
                 4 SUSAN K. LEACH
                   Deputy Attorney General
                 5 ZACKERY P. MORAZZINI, State Bar No. 204237
                   Deputy Attorney General
                 6  1300 I Street, Suite 125
                    P.O. Box 944255
                 7  Sacramento, CA 94244-2550
                    Telephone: (916) 445-8226
                 8  Fax: (916) 324-5567
                    Email: Zackery.Morazzini@doj.ca.gov
                 9
                   Attorneys for Defendants
                10 Governor Arnold Schwarzenegger and
                   Attorney General Bill Lockyer
                11

                12                             IN THE UNITED STATES DISTRICT COURT

                13                         FOR THE NORTHERN DISTRICT OF CALIFORNIA

                14                                          SAN JOSE DIVISION

                15
                       VIDEO SOFTWARE DEALERS and                                    CASE NO. C 05 4188 RMW RS
                16     ENTERTAINMENT SOFTWARE ASSOCIATION,
                                                                                     DECLARATION OF
                17                                                     Plaintiffs,   ZACKERY P. MORAZZINI

                18                    v.

                19     ARNOLD SCHWARZENEGGER, in his official
                       capacity as Governor of the State of California;
                20     BILL LOCKYER, in his official capacity as
                       Attorney General of the State of California; et al.,
                21
                                                                    Defendants.
                22

                23

                24        I, ZACKERY P. MORAZZINI, declare as follows:

                25        1.    I am an attorney at law, duly admitted to all courts of the State of California and

                26 before the United States District Court for the Northern District of California, and am one of the

                27 attorneys of record for Governor Arnold Schwarzenegger and Attorney General Bill Lockyer,

                28 named as defendants in this action. I have personal knowledge of the following and if asked to
                      MORAZZINI DECLARATION                                                    VSDA v. Schwarzenegger, et al.
                                                                                                Case No. C 05 4188 RMW RS
                                                                       1
                                                                                                              Dockets.Justia.com
     Case 5:05-cv-04188-RMW         Document 26          Filed 11/10/2005      Page 2 of 3


 1 testify thereto could do so competently.

 2        2.   On or about October 25, 2005, I obtained a copy of a video tape, titled “:Video Game

 3 Violence Sampler TRT: 5min.,” containing clips of various video games from Adam J. Keigwin

 4 of Assembly Member Leland Yee’s office at the State Capitol. See Declaration of Adam

 5 Keigwin, filed concurrently herewith. A true and correct copy of said tape is being lodged

 6 herewith as Exhibit A.

 7        3.   Between the dates of November 3 through November 4, 2005, I personally traveled to

 8 the Senate Judiciary Committee office, Assembly Judiciary Committee office, and the Assembly

 9 Committee on Arts, Entertainment, Sports, Tourism, and Internet Media office. I obtained the

10 committee files for AB 1179 and AB 450 from each individual office. I personally copied, or

11 caused to have copied in my presence, materials relevant to the present proceedings obtained

12 from the following files, true and correct copies of which are bates stamped and included in

13 Appendices A-C, as follows:

14        •    Appendix A consists of material copied from the Assembly Judiciary Committee file

15             on AB 450;

16        •    Appendix B consists of material copied from the Senate Judiciary Committee file on

17             AB 450;

18        •    Appendix C consists of material copied from the Assembly Committee on Arts,

19             Entertainment, Sports, Tourism, and Internet Media file on AB 450.

20        4.   The following materials had missing pages in the original legislative files, apparently

21 due to photocopying errors, likely due to the double sided originals copied. Therefore, copies of

22 these materials in their entirety are included in Appendix D, as follows:

23        •    Assembly Judiciary Committee file on AB 450, Gentile, et al., The Effects of Violent

24             Video Game Habits on Adolescent Hostility, Aggressive Behaviors, and School

25             Performance, Journal of Adolescence 27 (2004) 5-22;

26        •    Senate Judiciary Committee file on AB 450, Uhlmann & Swanson, Exposure to

27             Violent Video Games Increases Automatic Aggressiveness, Journal of Adolescence, 27

28             (2004) 41-52;
      MORAZZINI DECLARATION                                                  VSDA v. Schwarzenegger, et al.
                                                                              Case No. C 05 4188 RMW RS
                                                     2
     Case 5:05-cv-04188-RMW             Document 26          Filed 11/10/2005     Page 3 of 3


 1           5.      Material obtained from the Assembly Judiciary Committee file on AB 450 shows that

 2 the Legislature was referred to additional articles and studies relevant to the issues presented in

 3 this matter. See Appendix A, A014, “”Violent Video Game Bibliography.” True and correct

 4 copies of relevant materials cited therein are included in Appendix E.

 5           I declare under penalty of perjury that the foregoing is true and correct, executed this 10th

 6 day of November, 2005, at Sacramento, California.

 7

 8

 9                                                               /s/ Zackery P. Morazzini
                                                             ZACKERY P. MORAZZINI
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      MORAZZINI DECLARATION                                                       VSDA v. Schwarzenegger, et al.
                                                                                   Case No. C 05 4188 RMW RS
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