Court Victory for Kentucky GamblingPublished January 27, 2009 by OCR Editor
Kentucky Court of Appeals has said state lacks jurisdiction to seize online casino's Internet domain names.
Kentucky Governor Steve Beshear will appeal a court ruling that stops the state seizing domain names used by Internet gambling sites.
In a 2-1 ruling last Tuesday, the Kentucky Court of Appeals said the state does not have the jurisdiction to seize online casinos' Internet domain names in an effort to keep them from operating in the state. The ruling also said a Franklin Circuit Court judge cannot hold further hearings on the issue.
141 domains had been shortlisted for seizure, including two bingo sites, the hugely popular poker room, Poker Stars, and some major sports betting sites were also slated to be targeted under the move.
Poker advocates welcomed the Court of Appeals' ruling, with Poker Players Alliance Executive Director John Pappas calling it "a tremendous victory for Internet freedom and the rights of Kentucky residents who enjoy playing online poker."
"The Court of Appeals has agreed with the PPA's position that Judge Wingate did not have jurisdiction to issue the order that he entered against these domains and that Secretary Brown had no legitimate right to deprive the citizens of Kentucky of the legal right to play poker online."
However, Kentucky's Secretary of Justice and Public Safety, J. Michael Brown, said that the state would continue to fight the ruling.
"The evidence (from the original court case) demonstrated that illegal and unregulated activity is occurring in Kentucky and that millions of dollars are being lost as a result of that activity."
The appeal is set to be heard in April 2009.