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Kentucky Decision Delayed Again
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30-Sep-2008, 12:38
Franklin County Circuit Court Judge Thomas Wingate again delayed a decision on whether 141 gambling-site domain names are forfeit to the Common- wealth of Kentucky Friday. Although Kentucky lawmakers originally sought a ruling at hearings last week, Wingate’s suspension now pushes any possible resolution in the case into early October.
The case is the result of a suit filed by the Kentucky Public Safety Cabinet, which demanded 141 online gambling sites block Kentucky residents’ access to their games or relinquish ownership of their URLs to the state. After the filing, Wingate ordered a temporary seizure of the domain names until he could determine if the sites were making an effort to comply with the state’s demands.
The case has drawn worldwide attention from pro- and anti-gambling organizations alike, as well as a swift legal response from the Interactive Gaming Council, Interactive Media Entertainment and Gaming Association, and the Poker Players Alliance. All three associations represented the online gambling community at Friday’s hearing and have hailed Wingate’s continuance as a small but sound victory.
After the judge ordered the continuance, PPA Executive Director John Pappas stated, "We wanted to get a continuance so that they couldn’t enact the order. We wanted to get more time to prove our case."
The PPA hopes to make the case that online poker cannot be considered illegal because, according to language in Kentucky law, it is considered a “game of skill,” not chance. The relevance of the PPA’s argument remains to be seen, however, insomuch as they do not represent the owners of online-gambling sites, but the players.
Rick Muny, Kentucky State Director for the PPA, summarized the state’s argument Friday: "Their point was to make counsel on our site identify who the owners of the domains are in order to grant standing. The judge permitted all of the testimony on both sides."
Both iMega and the IGC are expected to receive standing in later hearings because they represent several sites’ owners. Yet neither of organizations’ lawyers have been forthcoming with owners lists. As a result, Wingate left the seizure order standing, and addressing the sites’ counsel, said, "You are going to have to eventually pony up and say who these people are."
The sites’ small victory may also be Pyrrhic because many have already moved to comply with the state’s suit. According to the Associated Press, some have ceased dealing with Kentucky residents altogether, as did Goldencasino.com which sent e-mails to its Kentucky players Tuesday notifying them that their accounts were canceled.
Meanwhile, other sites have now replaced their seized URLs and begun operating under new names.
Judge Wingate has ordered that all three organizations prepare legal briefs presenting their respec- tive arguments, saying that the case is "very complex." The next hearing could be held as early as October 6th or 7th, though an exact date has not been set.