iMEGA Online Gambling Brief to the Kentucky Supreme Court

June 02, 2009 | News Category: Gaming Law

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iMEGA (Interactive Media Entertainment and Gaming Association) handed the Kentucky Supreme Court a brief against the seizure of 141 online gambling sites in Kentucky. The attorneys presented the Kentucky Supreme Court with written arguments in the brief regarding the forfeiture case which was brought against the 141 online casinos in January this year.

Earlier this year, the Kentucky Appeals Court, in a two-to-one margin, had overturned the decision of the Kentucky Circuit Court, which had given the state the right to seize 141 website domain names that were connected to online gambling. The attempt to seize the domain names was based on the fact that Kentucky law allows the seizure of gambling devices. Judge Michelle M. Keller had said at the time that this "stretches credulity" to consider an Internet domain name as a gambling device.

iMega have requested that the court watch and review the video taken at the proceedings, which were held secretly, at which the original press for forfeiture of the gambling domain names was made. The attorneys representing the state of Kentucky were present, however, the proceedings took place without giving notice to the operators being accused, and without allowing legal representation from any of the accused.

Although the Appeals Court decided that online gambling operators' domain names were outside the jurisdiction of the state of Kentucky, and that the state had misapplied the law, Governor Beshear wanted to continue the fight in the Supreme Court. While the lawsuits have continued, Governor Beshear has continually allowed online horserace betting sites to operate.

Joe Brennan Jr., the iMEGA chairman said "We're very confident the State Supreme Court will reach the same conclusion as the Court of Appeals." He continued to say that "It's too bad Governor Beshear wants to keep fighting, but since he's not paying for his attorneys, I guess he doesn't care how long this takes or how much he ties up Kentucky's court with this doomed campaign."

Governor Beshear hired private attorneys to represent the state of Kentucky in the case. The attorneys will be paid on contingency depending on any damages they manage to collect. Not surprisingly, Kentucky's Attorney General has made special efforts to distance himself from the domain name seizure lawsuit.

A number of other groups, including the Center for Democracy and Technology, the Internet Commerce Association, the Poker Players Alliance, and the ACLU, were also expected to give their briefs to the Supreme Court.