Kentucky Gambling Case on Hold

141 Internet domains involving online gambling have to wait till October 14th for a decision on the case in Kentucky. Kentucky’s Governor, Steve Beshear, is trying to seize the 141 sites but has found a lot of opposition to his play. The Franklin County Circuit Judge Thomas Wingate had masses of lawyers in his court representing the internet sites.

The objective is to have the internet domains fall under Kentucky’s jurisdiction but it has been met by a strong defense by a couple of teams of lawyers. Other parties like the Poker Players Alliance and the Interactive Media Entertainment & Gaming Association are also eagerly looking on. The case was held on the 7th but there were many arguments over several issues.

Some of the issues are :
- Are internet domains gambling devices as mentioned in Kentucky law which was the basis for this case?
- Does any state have the power to seize an internet domain that has international commerce?
- Is poker a game of skill which disallows it being considered gambling? - Are the seizure/blocking attempt a violation of free speech ?

The judge needed the seven days wait to sort out this complex matter before coming to a verdict. The domains that are US Based would have the largest pressure to comply if the judge favors the Governors case. However the Kahnawake Gaming Commission operates out of a reservation near Montreal in Canada. They did not send anyone to the court case but did send a communiqué to the Governor telling him that they had no interest in complying. The KGC release said:

The Mohawk Council of Kahnawàke announced today that Grand Chief Michael Ahríhrhon Delisle, Jr. has issued a strongly worded letter to the Governor of the Commonwealth (State) of Kentucky, expressing concern about a recent Order of Seizure issued by a Kentucky District Court.



The Order of Seizure, issued on September 18, 2008, directs that 141 internet domain names of various online gaming operators, including a number of prominent licensees of the Kahnawàke Gaming Commission, be seized and forfeited to the Commonwealth of Kentucky.

"This is a perfect example of someone who knows nothing about the effects of their actions," said Grand Chief Michael Ahríhrhon Delisle, Jr. "It's not the first time that a government has tried to prevent us from conducting business and it won't be the last. But, rest assured, we will always protect our jurisdiction and the integrity of the Kahnawàke Gaming Commission."

In his letter to Governor Steve Beshear, Grand Chief Delisle wrote," We are compelled to draw to your attention that your actions will also adversely affect the members of our community – and that is not acceptable."



A hearing of the District Court in Kentucky, at which the Seizure Order is to be re-considered, is to be held today. The outcome of this hearing will determine whether it will be necessary for the Mohawk Council of Kahnawàke to take further action to protect Kahnawàke's interests.