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A Writ of Prohibition Filed In Connection With Kentucky Online Gambling Case

Written by:
C Costigan
Published on:
Oct/29/2008
Kentucky

Writs have been filed by the Internet Gaming Council in response to a decision handed down by a Franklin County Circuit Court finding that the Commonwealth of Kentucky can seize some 141 domain names.

Acting on behalf of Sportsbook.com, MySportsbook.com, Sports Interaction and a few other entities made public in the filing, the IGC's attorneys argue that a Writ of Prohibition is proper when a lower court lacks jurisdiction.

The IGC argues that jurisdiction is lacking "because the circuit court erroneously sought to predicate jurisdiction over Internet domain names that are not property subject to forfeiture, are not located in Kentucky and are not ‘gambling devices' as defined in the very statute on which respondent sought to predicate subject matter jurisdiction."

They also argue that a Writ of Prohibition is necessary even if it was determined that the domain names came under Kentucky jurisdiction in order to "prevent irreparable harm to petitioners and to the orderly administration of justice."

"The Franklin County order flies in the face of Constitutional rights and limitations on the authority of government entities," the IGC also argues.

A similar argument on behalf of VicsBingo.com was entered in a separate court filing.

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Christopher Costigan, Gambling911.

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