by Hillary LaClair, Senior Editor
Those in anticipation of the outcome in the Kentucky domain seizures will be sadly disappointed today, as the case has been further delayed so that the opposing arguments might have more time to prepare. Because of the number of lawyers, representing the state, online poker operators, the Poker Players Alliance, Interactive Gaming Council, GoDaddy domain registrar and iMEGA, the arguments were too many to make a ruling. Instead each legal team has been given more time to submit briefs to the Judge.
Chicago lawyer Robert Foote, who represents the state of Kentucky in the court proceedings insisted that the opposing legal teams should establish a legal standing by identifying the owners of the domains.
“A domain name has no right to have a lawyer, only a corporation or person can have a lawyer,” was the absurd argument made by Foote. “And no one here is going to tell you they represent anyone.”
The legal teams in favor of online poker and other gambling websites argued this statement however. William Johnson, an attorney on the opposing side claimed that he was there to represent seven different clients. Johnson, along with Alice Grimes who represents Goldencasino.com, refused to identify the domain owners. The counter argument was that the seizure of these domains occurred “under cover” with absolutely no warning to the domain owners. Therefore the opposing legal teams requested a continuance to discuss their case with Judge Wingate.
Judge Thomas Wingate inevitably decided that each legal team would have until October 7th to prepare a valid and detailed brief due to the complex nature of the litigation that is likely to set precedents in the online poker gambling industry. However, the Judge told lawyers, “You are going to have to eventually pony up and say who these people are.”
“I have a good feeling about our Motion,” said Edward Leyden, iMEGA President. “County Judge Thomas Wingate is a very straight forward common sense judge and a thoughtful guy so we are in good hands.”
The Poker Players Alliance issued a statement as well, saying, “The actions by the state of Kentucky are not only extreme, but grounfless in that it can be clearly proven that poker is indeed a game of skill and not chance and thereby poker websites should not be part of the state’s action. The amicus brief filed on behalf of the PPA today proves this.
Poker players in Kentucky are not taking the actions of Governor Beshear lightly. They viewed the governor as pro-gambling, and our members helped support him in the election just last year. They view this as a betrayal. They are outraged – and rightly so – and we will speak their mind until this unfounded assault on their freedoms in stopped.”
The Governor lobbied earlier this year in favor of land casinos, claiming that the tax revenue would raise an addition $500 million in state revenue. Beshear, a Democrat, pushed to approve a ballot referendum that would have changed the state’s constitution to allow casinos, although the proposal was denied.
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