In a courtroom in Franklin County, Kentucky, a Circuit judge granted a continuance in the case that would have forced 141 internet gambling domains to “block access to Kentucky users, or relinquish control of their domains.” In a hearing on Friday, one day after it was originally scheduled, a judge in the case issued a continuance. The Poker Players Alliance, the main industry group for the online poker industry, immediately issued a statement praising the court’s decision.
Friday’s hearing would have forced the forfeiture of 141 domains. The hearing in the state’s capital proved to be a winner for online poker sites around the world. The PPA’s Executive Director, John Pappas, commented in a statement released by the organization later Friday, “The Poker Players Alliance is pleased that the court decided to allow for a full review of this case, including arguments from both sides. Until this point, the state and its hired gun class-action attorneys have acted in an ex parte fashion – only presenting one side of the argument to the court. The continuance granted today will ensure all the cards are on the table and allow the current owners of the domain names of the 141 websites to retain ownership in the interim.”
Rich Muny, Kentucky State Director for the PPA, told Poker News Daily after the hearing concluded that the case now moves on to a 10 day deferment. As part of the proceedings in the courtroom on Friday, the lawyer for the Commonwealth of Kentucky questioned whether anyone in the room had standing in the case. In common civil forfeiture hearings, the actual owners typically appear in court. In this case, the question arose as to who the domain owners were for sites like PokerStars.com and UltimateBet.com. However, as Muny claimed, “I don’t think the judge will give that argument any credence. We got everything we wanted today.”
The PPA filed an amicus brief in the case as well. Muny commented on what the brief contained, “The PPA’s amicus brief deals with skill versus chance arguments relative to Kentucky law. We’re going to try to make the argument that it’s not illegal internet gambling.” The brief focused on the fact that poker is considered a game of skill under Kentucky state law. It reads, “A contest or game in which eligibility to participate is determined by chance and the ultimate winner is determined by skill shall not be considered gambling.”
A statement released by the PPA on Friday, just hours before the hearing commenced, stated that the amicus brief was focused primarily on poker: “The current case provides no evidence to suggest that any of the poker games played on any of the 141 websites in question are based on chance as opposed to skill.” Affected domains include pokerstars.com, doylesroom.com, cakepoker.com, ultimatebet.com, and bodoglife.com. Several internet gambling sites have already blocked access to customers from the state.
On the blockage of certain domains before the court’s ruling of a continuance on Friday, Pappas told Poker News Daily, “I don’t think you’ve seen any sites that offer online poker doing that.” Defendants in the case are the owners of the 141 domain names in question. However, groups like the Interactive Gaming Council (IGC) and Interactive Media Entertainment and Gaming Association (iMEGA) will both claim standing in the case based on their membership being composed on sites within the industry. The PPA has claimed standing based on being an organization made up of players.
Both parties will be back in the courtroom on Monday, October 6th.
This is so sad.. they have no right