WASHINGTON--(BUSINESS WIRE)--Sept. 14, 2005--The computer and video game industry will file suit in Michigan asking that the state's new video game law be overturned, the Entertainment Software Association announced today. Similar laws were previously found unconstitutional and thrown out in St. Louis, Indianapolis, and Washington State, costing taxpayers hundreds of thousands of dollars in legal fees.
"If this law is implemented, it will not only limit First Amendment rights for Michigan's residents, but, by virtue of its vagueness, it will also create a huge amount of confusion for Michigan's retailers, parents, and video game developers," said Douglas Lowenstein, president of the ESA, the trade group representing U.S. computer and video game publishers. "I'm confident the court will affirm our position given the rulings on similar statutes in other jurisdictions; indeed, the facts, the science, the law, and the U.S. Constitution have not changed since those decisions were handed down."
No, the law is law unless/until it is overturned by the court or repealed by the legislature. There are no refunds. This is not like an unlawful tax which gets repealed.
Technically what you quoted is true, but there is no automatic mechanism which undoes the convictions and results like fines of defendants convicted of unconstitutional laws. Every defendant would have to petition the court to revisit his case. Depending upon the size of the fine, many if not most people wouldn't go to the trouble to hire a lawyer and pay the filing fee(s) to do it.