iMEGA Challenges Kentucky Decision
October 29, 2021
The Interactive Media Entertainment & Gaming Association (iMEGA) filed a petition with the Kentucky Court of Appeals last week for a "writ of mandamus" in order to correct what they see as several errors made by Judge Thomas Wingate when deciding whether Kentucky had the judicial right to seize 141 gambling related websites.

In the extensive writ, iMEGA argues Judge Wingate made numerous legal errors including but not limited to:

-Jurisdictional errors. The trial court claimed Kentucky had legal jurisdiction over domains that have no tangible presence there.

-Definitional errors. The trial court misapplied the term "gambling devices" to include domain names.

-Representational errors. The trial court did not allow iMEGA to represent their members who would be adversely affected by its ruling. By rejecting iMEGA's "associational standing," it violated their members constitutional rights.

-Procedural errors. The trial court sealed records that should not have been sealed; ignored relevant previous case law; and disregarded whether the burden of this case on Interstate commerce outweighs the local benefits.

This iMEGA appeal is surely just the first of many judicial challenges to Kentucky's legal claim. Given the far reaching consequences that this case could have on the internet, not just in America but around the world, it is becoming clearer and clearer that America's 37th largest state will continue to be on the forefront of the battle for internet freedom for quite some time to come.

For more information on the iMEGA appeal visit

Story by Mark Anderson
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