Kentucky Court Rules Against Online Gambling
Posted on: March 19th, 2010 8:42 am | By: Jeremy SchruteWhen you think of big government abusing its power and taking over private industry, the state of Kentucky usually isn’t the first thing that comes to mind. But such is the problem in America that the progressive movement has so infected both major parties that even a traditionally conservative state like Kentucky has fallen victim.
Last year, Governor Steve Beshear and the state of Kentucky attempted to seize the domain names of 141 online gambling sites. The Interactive Media Entertainment and Gaming Association (iMEGA) and the Interactive Gaming Council (IGC) immediately filed a petition to block the seizure of those domains. Under current state statutes, online gambling isn’t even illegal in the state of Kentucky, though of course laws can be interpreted a variety of ways, which is why lawyers exist.
Yesterday, the state Supreme Court ruled against the 141 gambling sites. In the ruling, the court stated that the domain names themselves cannot serve as an entity and court and they must be owned by a person or entity. With no owners in court, iMEGA therefore did not supply a member of the domain names. In other words, the court threw out the petition because iMEGA’s clients did not appear in court.
As a result of this ruling, the state of Kentucky can once again attempt to seize the online gambling domain names. If they do, however, it’s likely that iMEGA would file another petition. It is the belief of iMEGA that the Supreme Court’s ruling is not final and that if they can produce an owner of one or more of the domain names, the Court would be willing to hear their case.
Joe Brennan, Chairman of iMEGA, stated that “the Court clearly indicates they agree with our arguments and are inviting us to re-file so that the technicality of the standing issue can be resolved.” iMega plans to re-file and when the Supreme Court reaches a decision, we’ll let you know.
Tags: gambling law, iMEGA, Interactive Media Entertainment & Gaming Association, Joe Brennan, Kentucky gambling, online casino, online gambling, seized domain names
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