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 On Thursday, March 18, 2010 the Kentucky Supreme Court once again saw the case of the 141 online gambling domain name seizures and overruled an earlier ruling which allowed the domain names to remain un-seized. Now the Court of Appeals has revoked this decision on the account that the domain names are indeed gambling devices under Kentucky law.
The main reason for the ruling was the fact that the two parties acting as advocates for the domain name companies do not have the grounds to represent them in the case. The Interactive Media Entertainment and Gaming Association (iMEGA) and the Interactive Gaming Council (IGC), were both denied by the Court in the hearing.
Justice Mary Noble, wrote, "Because the parties seeking the writ (of prohibition) have failed to demonstrate that they have standing to do so, this Court reverses, though this does not foreclose the possibility of relief."
In the ruling, Noble demonstrated the reasoning of the decision based on lack of proof by the two representatives of having membership with the domain name owners.
"While IGC claims to represent 61 of the seized domains and iMEGA purports to represent ‘some' more, this Court cannot simply take their words for it," stated Noble.
Even though the current ruling isn't looking good for iMEGA's Chairman, Joe Brennan, he remains optimistic that the Court will eventually see in favor of the online gambling domain names.
In a recent press release Brennan said, "In the written decision, the Court clearly indicates they agree with out arguments, and are inviting us to refile, so that the technicality of the standing issue can be resolved."
John Pappas, Chairman of the Poker Players Alliance, is also in high hopes that the Court will, in time rule in the favor of the online gambling community.
"The PPA understands the technical nature of the decision issued today by the Kentucky Supreme Court and remains confident that, once that issue is cured, the Supreme Court will address the compelling merits of the arguments in support of the Court of Appeals decision prohibiting the Commonwealth's seizure of the internet gaming sites," said Pappas in a PPA statement.
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