The Kentucky Supreme Court failed to hand down a decision on Thursday in the case involving the seizure and potential forfeiture of 141 internet gambling domain names.
The list of sites that could be affected includes PokerStars and Full Tilt Poker. Officials from the Interactive Media Entertainment and Gaming Association (iMEGA) and others involved in the case had anticipated a Thursday release of the Kentucky Supreme Court’s decision. However, none was passed down as the day came and went.
A press release distributed by iMEGA on Thursday added that the next time the case could be addressed is late March. iMEGA Chairman Joe Brennan told Poker News Daily what his reaction was to no decision being rendered by the Commonwealth’s highest court: “Everyone was surprised in Kentucky. The rumor mill thought the decision was going to be rendered. That could have been why their attorneys acted so quickly at the end of December, so if they got an adverse decision, they could keep it alive.”
No dates for releases of court opinions are listed in February. The next date shown for verdicts to be handed down on the Kentucky Supreme Court’s calendar is March 18th. Others include April 22nd, May 20th, June 17th, August 26th, September 23rd, October 21st, November 18th, and December 16th. Twenty pages’ worth of decisions were handed down on Thursday in the Frankfort court.
Back in October, oral arguments were heard by the six of the seven justices that comprise the Kentucky Supreme Court. In December, two months after the proceedings occurred, attorneys for the Commonwealth filed a motion to add names to its original complaint. Its counsel explained the reasoning behind identifying more defendants two months after oral arguments transpired: “In the course of the litigation and the Commonwealth’s continuing investigation, the Commonwealth has learned the identity of certain entities and individuals involved in internet gambling operations, some of whom are U.S. citizens.”
The motion called for a hearing in front of Judge Thomas Wingate on January 20th. However, because the motion was never acted on by the Kentucky Supreme Court, no such hearing took place. Wingate upheld the initial seizure order as part of a decision rendered in October 2008. The last-second move by Commonwealth attorneys to add names to the record, to some in the industry, indicated that the Kentucky Supreme Court was readying to hand down a verdict. However, those inclinations ultimately proved to be false.
The case centers on whether domain names, which are housed in the depths of cyberspace, constitute “gambling devices” under Kentucky state law. The two-word phrase traditionally refers to physical objects like roulette wheels and slot machines that you’d find in an underground casino. The domains were allegedly seized without due process back in September 2008. Wingate mandated that the affected sites cease taking customers from Kentucky immediately, else risk losing access to their domain name worldwide.
For now, it appears that the future of domain names like FullTiltPoker.com and PokerStars.com will remain up in the air in the Bluegrass State. Also involved in the case is the Poker Players Alliance (PPA), the industry’s 1.2-million member strong lobbying force. The PPA filed an amicus brief to the Kentucky Supreme Court charging that poker is a game of skill and therefore not gambling under state law.
Original estimates pinned a decision in the Kentucky Supreme Court between three and six months after oral arguments took place, or sometime between January and April. Stay tuned to Poker News Daily for the latest on the case.
