If appeal goes through ESA may have to return reimbursement money
California recently joined the ranks of states who have had to reimburse the ESA after Judge Ronald Whyte ruled a 2005 video game law unconstitutional in August 2007. Is that where our tax dollars have been going these past few years? Aside from its own legal fees, the state of California had to pay the ESA $282,794 to make up for theirs.
However, Arnold Schwarzenegger is not going down without a fight. According to GamePolitics, the California governor made an appeal to the U.S. Ninth Circuit Court this year. The law may still need to be revised, but if Governor Schwarzeneggar has his way, the courts will still rule in his favor. If this occurs, the ESA will be required to return the money, as stipulated in the settlement arrangement between the group and the state of California:
If, after all appeals have been exhausted or the time for all remaining appeals has expired, plaintiffs [the video game industry] are no longer the prevailing party in this case, the plaintiffs shall pay back the amount stipulated in paragraph 1 within thirty (30) days of the disposition of the final appeal or the expiration of time for all remaining appeals.
The ESA original sought $324,840 from the state, but after negotiations, the fee was knocked down to the final number.

Governor Schwarzeneggar signs autographs for recently legalized international immigrants.