Online gambling

Attorneys representing 141 Internet gambling Web sites have asked the state Court of Appeals to dismiss a lawsuit that Gov. Steve Beshear filed against them last month.

 

The attorneys also this week asked the appellate court to prevent a Franklin Circuit Court judge from making any decisions at a hearing scheduled for Dec. 3 on whether control of the Web sites must be forfeited to the state.

 

Beshear's suit attempts to force the sites to block access by Kentucky users and pay damages, or relinquish control of their Web site domain names.

 

The governor has called the sites "leeches on our communities" that hurt Kentucky's signature industry, horse racing. He said Kentuckians spend "tens of millions of dollars" a year on illegal Internet gambling.

 

Franklin Circuit Judge Thomas Wingate last week issued an order stating that he has the right to decide whether control of the sites must be forfeited to Kentucky.

 

Attorneys for an Internet gambling industry trade group, Interactive Media Entertainment and Gaming Association, on Wednesday filed a petition asking the Court of Appeals to vacate Wingate's order and dismiss the case because he lacks jurisdiction.

 

"The reason we are going down this road is, frankly, enough is enough," said Edward Leyden, attorney for the group.

 

He said attorneys could not wait until after a forfeiture hearing to appeal the case, which is the usual process, because "irreparable harm" would be done if the state won control and immediately moved to shut down the sites to users across the globe.

 

"We can't afford to wait for that," Leyden said.

 

The petition filed in the Court of Appeals will be considered by a panel of three judges.

 

Defense attorneys have argued the state does not have jurisdiction because the Web sites are owned by companies located outside Kentucky and in some cases, outside the country.

 

They also say Web sites should not be considered gambling devices under state law and that the court has failed to follow due process.

 

Wingate last week addressed those issues and ruled in favor of the state.

 

He originally scheduled a forfeiture hearing for Nov. 17 but this week pushed the date back to Dec. 3.

 

Justice Cabinet spokeswoman Jennifer Brislin said the appeal was expected.

 

"We will continue to proceed as the judge has outlined," she said.