Following on from the Kentucky Supreme Courts procedural ruling that IMEGA and the IGC could not file a case on behalf of unidentified gambling operators, late last week the required filing was made.
The issue before the court, is whether or not the State of Kentucky has the legal authority to seize the domains names of 141 online gambling operators it contends are illegally accepting bets from Kentucky residents. Lawyers for the state argue the domains constitute 'gambling devices' as defined by a 1974 state law and may therefore be seized.
Online gambling industry groups IMEGA and the IGC, whose members include some of the listed 141 operators, say the state has no authority to seize the domain names, but the Kentucky Supreme Court last week ruled that unless one of the aggrieved operators were named in procedural filings, the court could not rule in their favor. Twenty days was given for the appropriate filing to be made.
Well, now this has been done. A motion has been filed with the Kentucky Court of Appeals identifying Yatahay Limited as an IMEGA member and owners of one of the 141 listed domains - TruePoker.com.
All that remains now, is for the Supreme Court to make their decision. iMEGA Chairman Joe Brennan Jr. seems confident of a victory, stating publicly:
'We've overcome the technicalities that gave the Commonwealth their short-lived victory. The Court can now make a decision based on Kentucky law...The Commonwealth's attorneys knew they were lucky to get this one into overtime. It's time to put them away.'
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