Kentucky gambling

Since Kentucky Gov. Steve Beshear seized 141 domain names as "gambling devices," the gambling industry has been at odds over tangible and dangerous precedents. The lawsuit, which represents Kentucky, said it not only took advantage of these false claims but also did so to protect the Kentucky horse racing industry. The industry was stunned by Governor Beshear's move against online gambling, which has been a strong supporter of expanding legalized gambling in Kentucky.
The gambling industry breathed a sigh of relief and joy when the Kentucky Court of Appeals rejected the absurd ruling. On Jan. 20, the court ruled against the Interactive Media Entertainment and Gaming Association (iMEGA) in a 2-1 majority vote. The appeals court blocked an initial seizure order issued by Franklin County Circuit Court Judge Thomas Wingate.

The majority opinion included a statement from Judge Michelle M. Keller, who determined that the state could not duly proceed with any forfeiture because the domain name was not specified as a gambling device under Kentucky law.

"I give credence to the conclusion that a series of numbers, i.e., internet addresses, may correspond to 'machines or machines or other devices' designed and manufactured to be used primarily in connection with gambling," Judge Keller said. "I am therefore confident that the court has clearly misunderstood the conclusion that domain names can be interpreted as gambling devices."

Judge Jeff S. Taylor also added that the state could not seek civil forfeiture under criminal law without actually going through criminal proceedings. The state could not have legal control over property such as the domain name because it did not prosecute or prosecute domain owners in connection with the crime.

"This decision confirms why we brought the case. When we referred this ruling to the Court of Appeals, we knew we could come up with a definition of the domain names of iMEGA and Kentucky," said John L. Playshaker, one of iMEGA's lawyers

The decision was seen as a win for the online gambling industry, but the situation may not be fully resolved. Governor Beshear has already made it clear that the state will next file an appeal with the Kentucky Supreme Court. The appeal is expected to be heard in April. Joe Brennan Jr., president of iMEGA, says the continuation of the lawsuit is politically and money-based, among other things.

"Lawyers filed a lawsuit on the basis of emergency payments, reportedly investing more than $1 million of their own money in lawsuits like this one and preparing for other states. Had they not won Kentucky, other lawsuits would have been difficult to go smoothly, and gambling would have cost them dearly."


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