Poker News Digest 10/25/2008 – 10/28/2008

The Interactive Media Entertainment and Gaming Association (iMEGA) has filed a write of mandamus in Kentucky, looking for the State Court of Appeals to overturn the online gambling domain name forfeiture decision from a couple weeks ago. Earlier this month, Governor Steve Beshear moved to seize the 141 internet gambling domain names in an admitted effort to protect Kentucky’s brick and mortar gambling industry, including horse racing. Judge Thomas Wingate struck down an effort by multiple groups, including iMEGA, to dismiss the motion. Rather than waiting for the December 3 forfeiture hearing to state its case, iMEGA is taking its fight directly to the Court of Appeals. The organization contends that the basis for the seizure, that the domain names are “gambling devices,” does not apply, because domain names are not property. Additionally, since the domain names are not registered in the state, iMEGA claims that they are off-limits.  One more piece of ammunition that Ed Leyden, President of iMEGA, is using is the state’s violation of the Commerce Clause of the United States Constitution. The Commerce Clause gives Congress the power to regulate commerce with other nations, but Leyden claims that in this case, Kentucky is usurping that power.