Kentucky’s Gambling Online Appeal Continues
13 February 2009
The state of Kentucky has asked the judge to exceed the fifty page limit on the appeal to add 30 more pages to the appeals brief.
The Appeals Court in Kentucky voted 2 to 1 that the internet domain names did not fit in the state statutes defined as “gambling devices”, and could not be used to support any civil action.
It seems the attorneys in Kentucky need to add more space to add more contortion to the laws that don’t seem to exist to the briefs of the Appeal. In the majority opinion of Judge Keller wrote that it is up to the legislature to address these issues as technology changes, and that barring this action would be assumed that lawmakers declined to extend or amend these outdated laws.
The fading hope of the state was on disqualifying the IMGEA as a representative of the online industry, knowing how weak their case is. The state was hoping they could force the owners to appear in person, probably to take them into custody.
The iMEGA chairman, Joe Brennan, made the point that the organization’s website, that the US Supreme Court made a ruling in 1977, that established the right of association to represent members in court.
Thomas Sessions, the Legal Observer stated: “Perhaps the state’s remaining hope is to so obfuscate the issue with an array of mismatched laws and unrelated topics that the Supreme Court simply rules in their favor out of bewilderment. It’s a similar method to what has been done with the UIGEA by the Departments of Justice and the Treasury, and both are likely to suffer judicial defeat.”
We will wait and see what happens in this bogus appeal.