iMEGA Attacks Seizures in Kentucky Supreme Court Appearance

Oct. 22, 2009 -  Jon L. Fleischaker, attorney for iMEGA, attacked as “intellectually dishonest” the efforts by Kentucky Gov. Steve Beshear (D) to block state residents’ use of Internet gambling Web sites, during arguments before the Kentucky Supreme Court on Thursday. “They made up a process that is totally lacking in due process,” Fleischaker said.

Fleischaker, along with attorneys representing Sportsbook.com and the Interactive Gaming Council, asked the Supreme Court to uphold a decision earlier this year by the Kentucky Court of Appeals, blocking the seizure of 141 domain names belonging to online gambling sites. Private attorneys representing Gov. Beshear had obtained a court order for the seizures, in an effort to block Kentucky residents from playing poker and other games on the Internet.

In a 2-to-1 decision, the Appeals Court in January rejected the governor’s claim that Kentucky players and the Internet gambling sites had violated state law. The decision also held that a lower court had erred when it applied the state’s “gambling devices” statute to justify the seizure of the Internet domain names.

“[I]t stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a “machine or any mechanical or other device…designed and manufactured primarily for use in connection with gambling,” Judge Michelle M. Keller wrote in her majority opinion.

The Supreme Court seemed to agree with Fleischaker about the lack of due process in the seizure attempt. “I’m really, really concerned about the nature of this proceeding,” Justice Will T. Scott said during questioning of Gov. Beshear’s attorney, Eric Lycan.

A decision is not expected before the end of the year.

Links
Supreme Court hears online gambling case - Louisville Courier-Journal
State Supreme court hears online gambling case - Lexington Herald-Leader
KY Supreme Court hears online gambling question - Associated Press