Judge Won't Dismiss Case Re Online Poker Domains

Beshear Empire Strikes Back A Kentucky judge decided today to let a case against online poker websites and other Internet gaming sites proceed. Governor Steve Beshear has attempted to get a court order seizing the domain names of 141 sites, citing a Kentucky law forbidding the use of gambling devices.

Judge Thomas Wingate of the Franklin County Circuit Court did not accept the arguments presented him to dismiss the case. Among the reasons offered the judge to dismiss were a lack of jurisdictional standing, the fact that domain names do not constitute gambling devices, and the potential of the order to violate the Constitution, particularly the Commerce Clause, which ensures states cannot act in a protectionist manner.

Wingate gave November 17th as the date for the case to advance, at which time he will hear argument as to why the order should not be granted.

Poker advocates, including the Poker Players Alliance, have made the case that poker, as a game of skill, is not illegal in Kentucky, and should not be included in any adverse decision. PokerStars, DoylesRoom, and FullTiltPoker are among the sites threatened.

Poker enthusiasts have sent Beshear over 12,000 letters protesting his action.