Milwaukee County is being sued by a California gaming company over the county’s requirement that developers must have a permit to have augmented-reality games played at parks within the county. Augmented-reality games are games which utilize a device’s GPS and camera to add a more realistic feel to the game such as last year’s popular mobile app “Pokémon Go.” The company that is suing Milwaukee County is Candy Lab, Inc., which is based out of Irvine, and is arguing in federal court that the ordinance violates the free-speech protections under the First Amendment and is thus unconstitutional. The Associated Press states:

The ordinance requires that game developers apply for and obtain a permit like any other business or group that wants to host park events. Fees are due on a sliding-scale – anywhere from $100 to $1,000, depending on how much of the park will be used and how many people are expected to be there.

The ordinance was passed earlier this year in response to the large crowds that “Pokémon Go” attracted at parks and the money from the permits are meant to help with the upkeep of the parks in the county.

This case will be the first to test the scope that state governments can go in terms of trying to regulate virtual reality games.

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