City of Warren v. Walker

The City of Warren, Michigan (the city) enacted an ordinance that prohibited minors (i.e., people under the age of 17) from publicly associating with or being involved with video games and other mechanical amusements without the presence of a parent or guardian. The city passed the ordinance because city lawmakers noticed that children were spending lunch money on pinball machines in arcades close to school instead of buying lunch and then borrowing or stealing money from parents or other children. Additionally, city lawmakers had received complaints from parents, school officials, owners of neighboring stores, and city residents who complained about vandalism, truancy, noise, littering, traffic problems, and increased crime associated with amusement centers such as arcades. The lawmakers also believed that video and pinball games caused negative psychological effects, including gambling compulsions and addiction. Jacqueline Walker (defendant) owned Walker’s Pinball Arcade (the arcade) in the city. In January 1979, police officers discovered at least six people under 17 years of age in the arcade without parents or guardians. The officers cited Walker for violating the city’s ordinance. Walker was tried, convicted, and fined $500. The conviction and fine were affirmed on appeal. Walker then appealed to the Michigan Court of Appeals, challenging the validity of the city’s ordinance. Walker claimed that (1) the ordinance infringed on the First Amendment freedoms of expression and association, and (2) the ordinance violated state and federal constitutional guarantees of equal protection.