Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before any company may introduce a location-based augmented reality game into the Parks…”
The complaint alleges, in part, that: this restriction impinges on Candy Lab AR’s right to free speech by regulating Candy Lab AR’s right to publish its video games that make use of the augmented reality medium. It also claims that the ordinance is a prior restraint on Candy Lab AR’s speech, impermissibly restricts Candy Lab AR’s speech because of its content, and is unconstitutionally vague such that Candy Lab AR does not have notice as to what speech must be approved by permit and which it can express without seeking a permit. It also alleges that it is nonsensical because with AR nothing is actually physically introduced into the Parks. Rather, the game merely displays game items on a depiction of the park.
This case could have huge ramifications not only for location-based games, but other AR applications as well.