IMEGA's Leyden Looks to Future of Kentucky Online Casino Case
Franklin County Judge Thomas Wingate surprised many legal experts last week when he refused to dismiss the order allowing Kentucky to seize online gambling domain names. Wingate gave notice for all owners of the disputed 141 websites to appear in his court November 17th and show proof that the websites had been blocked from Kentucky access. Any site not conforming to the order would forfeit its domain name.
Among the interested observers around the world was Ed Leyden, president of the Interactive Media Entertainment and Gaming Association.Online Casino Advisory asked Leyden about his thoughts as to the decision, and the future of the case.
First, Leyden recognized that Wingate had been presented a very complex case, and had worked hard at trying to craft a decision that took into account poorly defined and somewhat contradictory laws. But Leyden did say that he thought the decision was incorrect, as a matter of law.
Leyden said that the judge had, in his opinion, misapplied Kentucky law. The inclusion of domain names under an old statue regarding "gambling devices"was inappropriate. Further, the matter of jurisdiction regarding online casinos which are not based in or registered in Kentucky was not properly resolved, Leyden said.
But the crux of the case involves competition. According to Leyden, the Kentucky order violates both Constitutional law and "fundamental fairness." By protecting Kentucky-based gambling while blocking out-of-state companies engaged in the same activities, Governor Beshear is breaking basic principles of commerce, law, and the Constitution.
Leyden noted that a motion has been filed by attorneys representing some of the websites, asking Judge Wingate to "stay his hand." That is, Wingate is requested to allow for the appellate process before enforcing his order. If the judge rejects this motion, it could still be granted by a court of appeals before the November deadline.
In the meantime, Leyden said there was much thought going into proper legal responses, and that there may be breaking news in this regard within the next day.
