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A Blog About Online Gaming and Entertainment Regulations

November 2, 2009

Kentucky Supreme Court Considers Poker

By: Ifrah Law
On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names - virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under state law and as such were subject to seizure under state law. The trial court granted the Commonwealth's request to seize the sites and scheduled a forfeiture hearing.  The 141 sites, lead by both iMega and the Interactive Gaming Council, halted the forfeiture proceeding by filing a Writ of Prohibition with the Kentucky Court of Appeals.  The Court of Appeals, in a 2-1 ruling, held that a domain name was not a gambling device subject to seizure under Kentucky law.  The Commonwealth appealed to the Supreme Court.  The seven justices hearing the case raised questions that cut across issues beyond the narrow ruling of the Court of Appeals, including the propriety of the Commonwealth's actions,... Read more