Kentucky judge overturns government ruling that online casino domains are illegal
A US court has ordered that Kentucky government officials must return 141 online casino domains seized from their owners.
Kentucky's Court Of Appeals made a 2-1 ruling overturning a lower court decision in 2008 that gave officials the power to seize the online casino domains in an attempt to stop online gaming within state borders.
Franklin County Circuit Judge Thomas Wingate's decision that online casino domain names translate as "gambling devices" subject to the state's anti-gambling statutes, was labelled by the appeals court as ‘stretching credulity.'
Judge Michelle Keller wrote: "Suffice it to say that given the exhaustive argument both in brief and oral form as to the nature of an internet [online casino] domain name, it stretches credulity to conclude that a series of numbers, or internet address, can be said to constitute a machine or any mechanical or other device... designed and manufactured primarily for use in connection with gambling."
She added: "We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture under Kentucky Law."
Kentucky's Justice and Public Safety secretary Michael Brown started the seizure of the online casino domains, who filed a lawsuit in August. At a secret hearing that was closed to defendants, Judge Wingate issued an order directing registrars of the domain names to transfer the ownership of the online casino domains to Kentucky officials in September.
Executive director of the Poker Players Alliance John Pappas said: "This is a tremendous victory for internet freedom and the rights of Kentucky residents."