Poker Articles

The fight for the rights of online poker players in the Commonwealth of Kentucky took a turn for the better last week. The Interactive Media Entertainment and Gaming Association (iMEGA), which has been at the forefront of the battle over 141 internet gambling domain names that were seized by order of its Governor, Steve Beshear, filed a “writ of mandamus” asking the Kentucky Court of Appeals to overturn the ruling handed down by Judge Thomas Wingate, a Circuit Court judge. A final forfeiture hearing in the case, which had been penciled in for November 17th, is scheduled to occur on December 3rd. PocketFives.com sat down with Ed Leyden, President of iMEGA, to learn more about the latest maneuver.

iMEGA cited a lack of jurisdiction in the case, among numerous other shortcomings of Judge Wingate’s ruling, as reasons for the Court of Appeals to intercede. Wingate wrote in his decision that he would not acknowledge “doomsday scenarios” over the future of the internet if the seizure order were upheld. Leyden told PocketFives.com, “They’re not doomsday scenarios. This is a clear and present danger. What happens in Kentucky opens the door to the same thing happening by any jurisdiction that is offended by any content.” Leyden and other industry organizations have argued that Beshear’s actions constitute censorship and violations of free speech.

The 141 internet gambling domain names in question include online poker, Bingo, casino, and sports betting sites. Absolute Poker, Ultimate Bet, PokerStars, Full Tilt Poker, and Bodog are all targets of Beshear’s actions. Government interference with the internet has even brought in groups like the Bluegrass Institute and Americans for Tax Reform, who have joined together with online poker players in Kentucky and around the world. Leyden commented, “Any city or any state in the U.S. could do the same thing that Beshear is doing. Any jurisdiction overseas could do this. That’s what this is opening the door to.”

The original mandate by Judge Wingate called for a final forfeiture hearing. If the domain names in question were actually forfeited, it would mean that they would be inaccessible not just by customers in Kentucky, but by all players. Normally, an appeal would have occurred after the hearing, which is scheduled for December 3rd. However, Leyden notes that waiting was not an option: “There is under a Kentucky rule that says a petition is allowed when the lower court takes on a case where it doesn’t have jurisdiction or a party is suffering irreparable harm that would be impossible to remedy. If the domain names were seized, that aspect of the company’s business would be destroyed. An appeal would be far too late.”

Other arguments that iMEGA made include a “misapplication of Kentucky’s own ‘gambling devices’ statute to include domain names” and copious “constitutional violations,” according to its website. Leyden and the rest of the legal team have argued that Beshear’s actions violate the Commerce Clause of the United States Constitution, as Kentucky is directly interfering with foreign commerce.

Meanwhile, members of the Poker Players Alliance, which is the main lobbying group for the online poker industry, have sent over 2,000 letters to Beshear and Justice & Public Safety Cabinet Secretary J. Michael Brown, who was responsible for executing the seizure. The PPA has 1.2 million members around the world, 16,000 of which are in Kentucky. Online poker players in the Commonwealth are also urged to call the Governor’s office at (502) 564-2611 directly.

iMEGA’s 11 megabyte, 200+ page copy of its petition to the Court of Appeals can be found by clicking here. As a word of caution, please ensure that you have a fast internet connection before you view it.

Leyden, like others, has been impressed with the united effort to fight in Kentucky. In fact, nearly every major industry organization has been on the same page in the cause. Leyden summed it up by saying, “It looks as if we’re hitting this as a cohesive frontier. We took the first step and are leading the charge on it.”

We’ll have more for you as news unfolds from Kentucky.



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