The owner of the domain name truepoker.com, Yahtay Limited, has stepped forward and signed a public affidavit stating that they are a member of the Interactive Media Entertainment and Gaming Association (iMEGA) on March 26th, 2010. iMEGA said that this should be enough to create a "standing" so that it may pursue its case against the state of Kentucky.
iMEGA chairman Joe Brennan said that the owners of the TruePoker.com have taken a huge step on behalf of the online poker industry and the poker players. He said that they have solved the technicalities that gave Kentucky their short-lived victory.
The state court can now make an informed decision based on Kentucky gaming law. He added that based on decision's language, they know that the state court just wants to do that. They know that the law is on their side and so does the lawyers of the Commonwealth.
The Interactive Gaming Council and iMEGA were on the losing end of what Joe Brennan called a "surprising decision" after the Supreme Court of Kentucky decided that the group had failed to prove that it had the power to fight what has been a contentious battle in the court on behalf of the groups' whose online sites were affected by Governor Steve Beshear's decision to try to confiscate the domains of the sites they believed aided illegal gambling in Kentucky.
Justice Mary Noble said regarding the court's decision that while the IGC claims to represent sixty-one of the seized online domains and iMEGA claims to represent some more sites, the court cannot simply accept their words for it without some proof.
The Kentucky state Supreme Court acknowledged that the attorneys for the online poker sites made interesting arguments supporting the grant of the writ of prohibition. But the court added that although such arguments may have some good points, none can even be considered unless presented by a group with a solid standing.
Brennan released a press release after the decision expressing hope despite the setback. Brennan said that it seems the court wanted to go their way and this decision shows that is still the case. He said that the court is telling them that it is important for one domain owner to come forward to strengthen their case.
After Yahtay Limited stepped forward as a member of iMEGA, Brennan reiterated his hope that their group would be successful. He added that one organization coming forward is all that iMEGA needs to prove its case.
While the case could have gone back to the Court of Appeals, which originally ruled in favor of iMEGA by a two-one vote, the group has filed a motion to immediately give it back to the Kentucky Supreme Court for a decision.