Judge Thomas Wingate has passed a ruling in the online poker case involving an attempt by Governor Steve Beshear to commandeer 141 Internet gambling domain names, and forbid Kentucky residents from accessing them.
The ruling, which was delayed by one day because of a computer error, was unfavourable towards online poker. Judge Wingate denied pleas from iMEGA (the Interactive Media Entertainment and Gaming Association) to dismiss the case, and instead called for a final forfeiture hearing to be held on November 17th.
Response from the poker industry was swift and strong. The Bluegrass Institute said “There are 16,000 Poker Players Alliance members in Kentucky, and others who need to stand up to Governor Beshear. He ran on a platform of expanded gambling. This is using the government to shut down competition. The government has no right to do that. If every poker player in Kentucky would contact their State Representative, this can be stopped.”
Judge Wingate wrote “The seizure [...of the domain names...] violated due process rights given in the United States Constitution. The seizure was only effective after determination by this Court that probable cause existed based upon evidence presented by the Commonwealth that the domain names were being used in connection with illegal gambling activity available and accessible in Kentucky.”
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