The Commonwealth of Kentucky petitioned its State Supreme Court for 30 additional pages in order to explain its case against the owners of 141 internet gambling domain names. Regularly, 50 pages are allowed in Supreme Court briefs; attorneys for Kentucky are asking for 80.
If the additional pages are frowned upon by the Kentucky Supreme Court, the Commonwealth requested an additional 10 days to pare down its arguments. The State outlined the reason for requesting additional real estate: “The briefing in this matter requires significant attention to a predicate issue – that of standing of the illegal gambling associations and the dot-com pseudonyms to appear in defense of property in which they claim no legal interest, as surrogates for anonymous offshore parties engaged in an illegal enterprise.”
The “illegal gambling associations” likely refer to the Interactive Media Entertainment and Gaming Association (iMEGA) and the Interactive Gaming Council (IGC), which, along with PlayersOnly.com, Sportsbook.com, SportsInteraction.com, MySportsbook.com, Linesmaker.com, and VicsBingo.com, are specifically named as defendants in the case. Last month, the Kentucky Court of Appeals ruled by a two to one margin that the Commonwealth did not have jurisdiction to seize domain names as “gambling devices,” a term that traditionally refers to mechanical objects such as roulette wheels and slot machines that you’d find in an underground casino.
Joe Brennan, Chairman of iMEGA, told Poker News Daily, “So far, their argument has boiled down to ‘a domain is a gambling device and these are very bad people who have no right to be represented in court.’ How many more pages do they need to say that?” The Commonwealth noted that three Writs of Prohibition were filed to the Kentucky Court of Appeals totaling 105 pages. In addition, amicus briefs were also submitted by organizations including the Poker Players Alliance (PPA) and American Civil Liberties Union (ACLU).
The legal battles in Kentucky began in September, when it was revealed that Governor Steve Beshear ordered the seizure of 141 of the world’s largest most recognizable gambling domain names, including those belonging to PokerStars, Full Tilt Poker, Ultimate Bet, Absolute Poker, and Doyle’s Room. The websites were seized on the grounds that they were gambling devices operating illegally in Kentucky.
In October, Circuit Court Judge Thomas Wingate upheld the actions of Beshear and scheduled a final forfeiture hearing in December. iMEGA and the IGC immediately asked the Court of Appeals to intervene, a request that was granted in December. A hearing in Louisville that month in front of a three judge Court of Appeals panel lasted one hour and focused on whether Kentucky had jurisdiction to act. That question was settled last month.
However, with a favorable ruling from Judge Wingate as well as a dissenting opinion on the Court of Appeals, the State appealed the ruling to its Supreme Court. There has been no official word as to when and if the case will be heard by the state’s highest court. The legal proceedings in Kentucky have been watched intently by groups like the ACLU and Bluegrass Institute, which have focused on the First Amendment violations of Beshear’s actions. Industry organizations also question the role of Justice and Public Safety Cabinet Secretary J. Michael Brown, who is steering the case instead of Kentucky’s Attorney General.
Regarding the challenge of standing outlined by Kentucky in its request for more space, Brennan retorted, “Perhaps they might review Hunt v. Washington State Apple Advertsing Commission, where the U.S. Supreme Court established the right of associations to stand in court on the behalf of their members. Since that’s been a settled issue since 1977, I think it’s time for the Commonwealth’s attorneys to move on.” In iMEGA’s legal battle over the constitutionality of the Unlawful Internet Gambling Enforcement Act (UIGEA), Mary L. Cooper, a U.S. District Court Judge, granted iMEGA standing to sue on behalf of the internet gambling industry. Brennan told Poker News Daily, “If it’s good enough for the U.S. District Court, it’s good enough for Kentucky.”
No timeline has been given for when the Kentucky Supreme Court will respond to the Commonwealth attorneys’ request for additional time or space. If successful, the 141 domain names in jeopardy would be inaccessible not just from Kentucky, but from all over the world. Stay tuned to Poker News Daily for all of the latest from the Bluegrass State.
