October 27th 2008 02:39 pm
iMEGA Attacks Kentucky
While many in the online gambling community are waiting for the results of the Kentucky seizure case, Interactive Media Entertainment and Gaming Association has started to resist an attack instead. iMEGA’s headquarters is in Washington, DC, and they are fighting Kentucky’s Governor, Steve Beshear on the front lines of the struggle. Last week the company filed a writ of mandamus asking the State’s Court of Appeals to cancel the ruling of Judge Wingate.
We would remind you that in the middle of October 141 online gambling domains were seized by court decision, and the sites’ activity was blocked by the state. iMEGA requested the Appeals Court to interfere in the case and Ed Leyden, iMEGA’s President, decided not to wait for a final decision. Leyden said that the seizure hearing would have become the death penalty. The damage was already done and the harm was irreparable. The case mustn’t have gone as far as it did.
17 November 2008 was the first day of the final forfeiture hearing, however, because of the economy crisis it was postponed till December 3. Joe Brennan, Chairman and CEO of iMEGA, issued a press release where he stated that the lower court disregarded Kentucky law as it had used an old obsolete law to justify the capture of the domain names. There is a newer registered law that has made iMEGA feel that they had to go to the Court of Appeals.
According to the Commerce Clause of the US Constitution, only Congress can regulate commerce with other nations. At the point, Kentucky is stepping over their borders by trying to seize the domains.
