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Forfeiture Hearing in Kentucky Online Gambling Domain Case

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Kentucky Online Gambling Domains Decision
Oct 16 2008 - 4:35pm

A Kentucky judge has ruled that 141 online gambling domain names will be turned over to the commonwealth on November 17. A hearing is scheduled for that date whereby owners of the said domain sites must show up in person to show that their respective websites are blocking access to Kentucky residents. Website owners would not be permitted to have another party - including legal counsel - represent them on their behalf.

Attorneys for the online gambling industry were on conference call at 4:30 pm EST discussing whether to pursue an appeal.

Judge Wingate has refused to dismiss a lawsuit seeking to block access to online casinos in Kentucky.

In determining his decision, Judge Thomas Wingate cited an older statute that has since been replaced by another statute in regard to "gambling devices".

Wingate said online casinos that don't block access to their Web sites in Kentucky could be ordered to forfeit their domain names

Kentucky Governor Steve Beshear brought the suit claiming that these 141 online gambling websites were cutting into the economic well being of his state.

This decision is being seen as a dangerous precedent that could have serious ramifications for the Internet in general.

Summary Breakdown:

*Judge Wingate says he will let owners of domains come to a Nov. 17 forfeiture hearing in Frankfort, Kentucky. If they show that they are blocking KY traffic, he will dismiss the forfeiture of their site. Otherwise, they will forfeit.

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Christopher Costigan, Gambling911.com Publisher

Comments

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What part of this decision was so adversely impacted by a 'computer glitch' that it couldn't be read yesterday? Delays cost money. In this case, more for the defense. That computer glitch probably cost the casino operators a nice chunk of change. Returning for court in November will cost more. The court is probably counting on the fact that most domain owners will not present themselves due to fear of prosecution and imprisonment (What are the odds that the DoJ is involved in a 'purely advisory' capacity?) Appeals will take more time, money and resources, which the state is also probably counting on to hinder or eliminate future actions. Do the site owners see and recognize the bigger picture and the implications for America as a whole (strictly rhetorical, of course they do). The question here is are the sites willing to pony up the money and resources it's going to take to combat this. This is the judge that signed off on the domain seizures to begin with. What available information led iMEGA to assume that he would be fair and unbiased? The honorable Thomas Wingate has been presiding as a judge since 1999 and assigned to circuit in 2006. That's about all the Google info available on young Judge Wingate, so it's no stretch to say this is his claim to '15 minutes of fame'. Promises of consideration for future appointments could play a huge part in his decisions. This is politics after all. It's ironic that the defense of our rights as Americans hinges on whether these 'bottom feeding scum suckers' will pick up the gauntlet and fight for the rights of all Americans who don't have the resources or concern to do so for themselves. Talk about a scary situation. My personal take on the situation is site owners will roll over or make deals to protect their own and the justice department will add another notch in the belt of lost rights of Americans. Communism (call it what you ever politically correct name you want) wins the battle and the war.
Blocking playing online poker in the us should be over turned in the supreme court it doesn't hurt anyone taxes are paid before I gamble< on my salary so if I gamble, so it comes under the pursuit of happiness in the constitution. the only law there should be is if a site lets us citizens operate then they have to do the same as brick and motor casino;s to help the problem gamble,* but wait does the Lottery Commisions do this no) Lottery is alot worse evel than poker ever was or will be , If this Govt wants problems block poker and the Mob will rule the Country again. just like when they tried to block liquiour we need Calvin Ayres to come to the US with his money he can take it to the supreme court for all Gamblers. Our problems in the US is Both parties are way off the ideals that made them great We need a Libertarian President soon. And Poker needs a supreme court case its a slam dunk win for Poker.
Hell yeah.... I totally agree.......I'm so tired of government trying to be in my business so much...if i want to sit at home and play online casino games or bingo or whatever i shouldnt have to go to court to be allowed to do it.......maybe the Govenor of Kentucky shouldn't try to use online poker as a scape goat to his economic problems, rather than maybe he isnt doing his job well enough to help boost the economy.....hmmmmm Anyways....Don't vote for Obama, he'll only bring government into every aspect of your life.... if want to reach the American dream and make more than 250K i shouldnt be penalized for being successful...I can distribute my wealth to whatever charities I WANT, rather than the government taxing me an additional 3 percent so they can play robin hood to those who have no ambition or drive.
The Commerce Clause states that the power to regulate interstate commerce is reserved to Congress, not Kentucky judges.
This is pure comedy ... BS act , just hard to beleive ...
That's it, the USA is now officially a police state. Freedom is a luxury of our ancestors.