A Kentucky Court of Appeals has granted a motion to stay to the Interactive Media Entertainment & Gaming Association in a much publicized online gambling domain forfeiture matter. A forfeiture hearing scheduled by a Franklin County circuit court judge has been effectively cancelled for December 3.
The stay will apply to all online gambling companies named in a complaint filed by the commonwealth.
Judge Thomas Wingate of the Franklin Country Circuit Court initially scheduled the forfeiture hearing after finding that 141 online gambling companies were in violation of an outdated state statute.
Governor Stephen Beshear had helped to bring this matter to the Circuit Court claiming that these establishments were "leeches to the community".
Furthermore, the Court of Appeals has scheduled oral arguments for December 12 for consideration of iMEGA's petition for a writ of mandamus.
That court will hear oral arguments at that time.
The court has decided to combine the Internet Gaming Counsel's petition for oral mandamus with that of iMEGA's. IGC is only arguing in regard to jurisdiction.
iMEGA is arguing five different points, among them: The state is in violation of the commerce clause by attempting to protect state interests and drive away competition. They are also arguing that Secretary of Justice, Michael J. Brown, lacks authority to file such a complaint.
Christopher Costigan, Gambling911.com Publisher
