iMEGA Member Comes Forward in Kentucky Poker Case

Yahtay Limited, the owner of the domain “truepoker.com,” has come forward and signed a public affidavit saying that it is indeed a member of the Interactive Media Entertainment and Gaming Association. iMEGA says that this should be enough to establish “standing” so that it may continue its case against the Commonwealth of Kentucky.

“The owners of the ‘TruePoker.com’ domain have taken a big step on the behalf of the industry and the players,” said iMEGA chairman Joe Brennan. “We’ve overcome the technicalities that gave the Commonwealth their short-lived victory. The Court can now make a decision based on Kentucky law. Based on the language of the decision last week, we know the Court wants to do just that. We know the law favors us, and frankly, so does the Commonwealth’s attorneys.”

iMEGA and the Interactive Gaming Council were on the losing end of what Brennan called a “surprising” decision after the Kentucky Supreme Court ruled that the association had failed to prove that it had standing to fight what has been a lengthy battle in the courts on behalf of the companies’ whose sites were affected by Kentucky Governor Steve Beshear’s decision to try to seize the domains of sites they believed perpetuated illegal gambling in the state.

“While IGC claims to represent 61 of the seized domains and iMEGA purports to represent ‘some’ more, this Court cannot simply take their words for it,” wrote Justice Mary Noble in the court’s decision.

The court acknowledged that the lawyers for the poker sites made “numerous, compelling arguments endorsing the grant of the writ of prohibition,” but that “(a)lthough all such arguments may have merit, none can even be considered unless presented by a party with standing.”

Brennan issued a press release after the ruling expressing optimism despite the setback.

“All along, it seemed the Court wanted to go our way, and this decision today indicates that is still the case,” Brennan said. “The Court is telling us that all that is necessary is for one domain owner to come forward, and we likely win.”

After Yahtay Limited came forward as a member of iMEGA, the chairman reiterated his belief that he thought his side would be successful.

“The Commonwealth’s attorneys knew they were lucky to get this one into overtime,” Brennan said. “It’s time to put them away.”

Brennan says he believes that one company coming forward is all that iMEGA needs to prove standing in the case.

While the case could’ve gone back to the Court of Appeals, which originally ruled in favor of iMEGA by a 2-1 vote, the association has filed a motion to immediately put it back to the Kentucky Supreme Court for a vote.

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