Kentucky appeals court hears online gambling case

17 December 2008

LOUISVILLE, Kentucky -- As reported the Lexington Herald-Leader: "Lawyers representing online gambling interests told the Kentucky Court of Appeals on Friday that Gov. Steve Beshear's effort to seize domain names is blatantly unconstitutional.

"A three-judge panel is weighing Beshear's unprecedented move to seize the domain names of 141 gambling Web sites.

"Franklin Circuit Judge Thomas Wingate allowed the Cabinet for Justice and Public Safety to seize the domain names last month. The seizure, at this point, is meaningless because the state cannot control the content of the Web sites until a judge orders the domain names forfeited to the state.

"A forfeiture hearing has been stayed pending a ruling from the Court of Apeals.

"In oral arguments Friday, lawyers representing six domain names, two online gambling trade groups and The Poker Players Alliance said the cabinet's move is littered with legal and constitutional flaws.

"...The owners of gambling sites did not appear in court Friday and have not directly participated in the lawsuit. Instead, proxy owners of six domain names and two trade groups have sought to represent their interests..."

Kentucky appeals court hears online gambling case is republished from