Kentucky wants longer brief for appeal


The online gambling domain case continues as lawyers for the Commonwealth of Kentucky are asking to submit a much longer appeal brief than is allowed by rule.

The motion asks for an additional 30 pages added to the standard 50 pages allowed in its appeal of the Kentucky Court of Appeals ruling that the seizure order issued by Judge Thomas Wingate against gambling sites' domain names should be set aside.

Kentucky is now taking the case to the State Supreme Court, and the state's lawyers believe they need additional pages to state their case in the appeal as well as an extra 10 days beyond the filing deadline for their brief.

"They're certainly within their rights to make their request, but they don't really seem to be bringing anything new to the table," said Joe Brennan Jr., iMEGA's chairman.

Brennan said the motion will be a repetition of the same arguments that failed in the Court of Appeals. Kentucky had argued that iMEGA is an illegal gambling association and had no right to represent its members in court, and that domain names are "gambling devices" according to Kentucky law.

"Those arguments didn't work before, but maybe they feel the added volume of pages will overcome the flaws found by the Court of appeals in their attack on our members," Brennan said.

Brennan also suggested Kentucky's attorneys might save space in their brief if they dropped the assault on iMEGA's standing.

"Perhaps they might review Hunt v. Washington State Apple Advertising Commission, where the U.S. Supremem Court establish the right of associations to stand in court on the behalf of their members," Brennan said. "Since that's been a settled issue since 1977, I think it's time for the Commonwealth's attorneys to move on."

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