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A Small Win For Online Gambling Sites In Kentucky Case

A Small Win For Online Gambling Sites In Kentucky Case

Added: February 24, 2014

A small battle was played out last week in the Kentucky Court of Appeals in the six-year-long war being waged by the state of Kentucky against 140 odd online gambling companies. The larger issue is Kentucky’s intent to seize the domain names of the online gambling companies on grounds that the domain names are deemed to be gambling devices. The immediate issue was lower court judge Thomas Wingate’s refusal to allow the Interactive Gaming Council (IGC) to represent the online gambling companies. Wingate had insisted that the owners of the companies identify themselves and individually argue their cases.

The Kentucky Court of Appeals ruled that IGC had the right to represent the domain name owners so as to protect their privacy being invaded by the state’s attempts to expose them for carrying out allegedly illegal online gambling activities. The Associated Press news agency reported that Judge Allison Jones delivered the unanimous judgment on behalf of the three-judge panel. She pointed out that Kentucky has treated the domain names as a group for the early part of the litigation. Therefore, the state of Kentucky cannot now insist on each domain name owner to come forward individually. She also pointed out that the legal arguments that will be put forward by the domain name owners are bound to be almost identical. It does not make sense that these are argued one at a time through separate counsel. Judge Jones noted, “… forcing 141 domain name owners to pursue their claims individually would be burdensome and inefficient.” The case was referred back to Franklin Circuit Court Judge Thomas D. Wingate for further hearings.

Keith Furlong, CEO of the IGC, said that this ruling was a win for the online gambling industry. He now hoped that all domain name owners and various associations representing them would come under one umbrella and fight a unified war. The IGC has been fighting for the online gambling industry against the state of Kentucky since 2008 as the case has moved back and forth through various courts.

Jennifer Brislin, a spokeswoman for the Kentucky Justice Cabinet, said the ruling of the Kentucky Court of Appeals is being reviewed and the course of action will be decided accordingly. She, however, pointed out that this litigation had already resulted in most of the websites involved withdrawing from the state of Kentucky. Whether or not the state appeals against the appellate order, the war is going to be a long one.