Lawyers ask judge to dismiss Kentucky bid to seize gambling domain names
Posted in: Domain Names at 09/10/2008 07:26
Lawyers have asked for a dismissal of the case in which the Kentucky Governor seized 141 domain names for gambling websites accessible by residents of the Commonwealth of Kentucky.
Online gambling sites are watching the case nervously, along with the owners of any other website that could fall foul of a state law, as it could set a precedent for what could happen to them.
Kentucky considers the websites as gambling devices as defined by state law and be sold and hold value like any gambling device. However the defence disagrees.
Frankfort attorney Bill Johnson says the state does not have jurisdiction and the lawsuit shouldn't even be considered.
The defence argues websites are not tangible devices that can be physically seized and the Justice Cabinet does not have the authority to file lawsuits as in this case.
The Kentucky Governor, Steve Beshear, supported gambling in his campaign for governor last year and the state already allows gambling on horse racing, bingo and has a state lottery.
One resident who attended the court hearing, Rob Slauenwhite, a 28-year-old Louisville resident, said he thinks the state is attempting to infringe on personal rights reports AP.
"It's just something I like to do in my home," Slauenwhite said, adding that he voted for Beshear because of his support for gambling. "I feel it's more of a state's invasion trying to take that away from me what I'm doing privately in my own home."
Currently there is a seizure order in place with Franklin Circuit Court Judge Thomas Wingate expected to make a final order next week.