IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
JOHN B. THOMPSON ON BEHALF
OF THE STATE OF FLORIDA,
Petitioner,
v.
WAL-MART STORES, INC.,
TAKE-TWO INTERACTIVE
SOFTWARE, INC.,
Respondents.
VERIFIED PETITION TO TAKE DEPOSITION BEFORE ACTION
COMES NOW petitioner, an attorney, on his own behalf and on behalf of the
State of Florida as authorized by Florida Statute 60.05, and files this Verified Petition to
Take Deposition before Action, and states as follows:
THE PARTIES
1. Petitioner has been a resident of Miami-Dade County, Florida, continuously
since 1976. He is a citizen of the United States, more than eighteen years of age, and he
is otherwise sui juris.
2. Respondent Wal-Mart Stores, Inc. (hereinafter Wal-Mart), is a foreign
corporation registered to do and doing business in the State of Florida, at various retail
stores located in Miami-Dade County, Florida. Wal-Mart is one of the largest, and
possibly the largest in volume of sales, retailer of video games in the United States.
3. Respondent Take-Two Interactive Software, Inc. (hereinafter Take-Two), is a
foreign corporation doing business in the State of Florida by virtue of a) its distribution
and sale of millions of units of its video games in the State of Florida, most notably the
hyperviolent Grand Theft Auto franchise of video games linked to numerous killings
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around the country, and b) the direct marketing of its products in the State of Florida
through magazine, retail store, and television advertisements.
THE STATUTORY AUTHORITY FOR THE UNDERLYING ACTION
4. Petitioner plans to bring an action against the respondents herein based upon
their distribution and sale of a violent, interactive video “game” entitled Bully (discussed
more fully infra), which distribution and sale will constitute a public nuisance under
Florida law. The statutory basis for the underlying action is as follows:
5. Florida Statute 823.01 states:
823.01 Nuisances; penalty.–All nuisances that tend to annoy the community, injure the
health of the citizens in general, or corrupt the public morals are misdemeanors of the
second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is
a felony of the third degree.
6. Florida Statute 823.05 states, verbatim, as follows:
823.05 Places declared a nuisance; may be abated and enjoined.–Whoever shall
erect, establish, continue, or maintain, own or lease any building, booth, tent or place
which tends to annoy the community or injure the health of the community, or become
manifestly injurious to the morals or manners of the people as described in s. 823.01, or
shall be frequented by the class of persons mentioned in 1s. 856.02, or any house or place
of prostitution, assignation, lewdness or place or building where games of chance are
engaged in violation of law or any place where any law of the state is violated, shall be
deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth
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and the furniture, fixtures and contents are declared a nuisance. All such places or
persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
7. Florida Statute 60.05 states, verbatim, as follows:
60.05 Abatement of nuisances.-
(1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state
attorney, city attorney, county attorney, or any citizen of the county may sue in the name
of the state on his or her relation to enjoin the nuisance, the person or persons
maintaining it, and the owner or agent of the building or ground on which the nuisance
exists.
(2) The court may allow a temporary injunction without bond on proper proof being
made. If it appears by evidence or affidavit that a temporary injunction should issue, the
court, pending the determination on final hearing, may enjoin:
(a) The maintaining of a nuisance;
(b) The operating and maintaining of the place or premises where the nuisance is
maintained;
(c) The owner or agent of the building or ground upon which the nuisance exists;
(d) The conduct, operation, or maintenance of any business or activity operated or
maintained in the building or on the premises in connection with or incident to the
maintenance of the nuisance.
The injunction shall specify the activities enjoined and shall not preclude the operation of
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