Kentucky Gambling Row Rages On

As the Kentucky online gaming row continues unabated, a major precedent could be set should judge Thomas Wingate's ruling not be overturned by an appeals court this month.

Three Judges from the appellate panel - Keller, Caperton and Taylor have heard oral arguments and are taking the matter into consideration. A decision is expected any day now.

What's at stake?
Does a state have the authority to seize an Internet domain located outside the state and if so does this action encroach on personal liberties? Many notable legal experts caution against such reckless conduct.

iMEGA attorney Mr. Fleischaker has called Judge Wingate to task on why no criminal complaints were filed against the online gambling sites prior to them being forfeited to the state of Kentucky. The judgment was a civil proceeding and the decision was taken as if the accused 141 domain names were already charged, convicted and found guilty under the law - this never happened.

No criminal proceeding was undertaken whatsoever in the high-profile case.

Appeals court receptive
The appeals court acquiesces on two points: firstly the state had no right to order a criminal seizure and confiscation order without a criminal charge and conviction of the online gambling sites. Secondly the issue of ‘gambling devices' is unclear. The term refers to mechanical devices such as slot machines and makes no reference to the website names - which Judge Wingate insists are gambling devices because they are ways to enter the online gambling sites.

Whether the state has the right to order the seizure and forfeiture of the sites - which are clearly registered outside of Kentucky - was also brought into question. The state responded by claiming that online gambling was a, "massive, global, offshore criminal enterprise...whose sites were accessible within the state"

Double standards
It's not illegal to gamble, but it is illegal to promote gambling, yet with all other illegal activities the law is applied equally. And the law is aimed only at the owners of the sites and not Kentucky's estimated 13,000 gamblers.