Betcha Case - Authorities Ask For More Time
Published: Tuesday, September 11, 2007 Online-Casinos.com
WASHINGTON AUTHORITIES ASK FOR MORE TIME IN BETCHA.COM CASE
State gaming officials triggered the issue, but now claim they have insufficient time to respond to Betcha's case
Interactive Gaming News.com reports this week on the latest developments in the Betcha.com vs. Washington State Gambling Commission issue (see previous Online-Casinos.com/InfoPowa bulletins)
Facing a request from Betcha.com owner Nick Jenkins for a summary judgement at a hearing scheduled for September 21 this year, on August 28 the Commission apparently sought to strike the motion in favour of a status conference aimed at setting a case schedule.
IGN referred to court documents in which the WSGC, through Washington Attorney General Robert M. McKenna, appealed to Thurston County Superior Court, claiming that it does not have sufficient time to conduct discovery "...that is necessary to meaningfully respond to Betcha.com's motion for summary judgment."
"As of the date of this pleading, the [WSGC] has not had the opportunity to conduct any discovery in this factually complex case," the motion read, despite the background to the issue which saw the WSGC earlier this year first warn and then raid Betcha.com, confiscating equipment and ultimately causing Jenkins and two employees to be deprived of their personal liberty.
Jenkins, founder of the Seattle-based operation, told IGN that he was disappointed by the move.
"I did my homework," he said. "It is increasingly looking like the [WSGC] didn't do theirs."
On July 9, Betcha.com, which Jenkins claimed has a business model that makes its activities legal in Washington State, was shut down by the WSGC on grounds that the site's modus operandi violated state statutes covering Internet gambling.
Jenkins has argued repeatedly that the honour-based betting system does not violate the state's definition of gambling, as bettors are not required to pay when or if they lose, IGN notes.
Commenting further on the WSGC request for more time, Jenkins pointed out that the Commission does not say why it has not commenced discovery nearly two months after Betcha filed its declaratory relief action.
Following an initial (and unsuccessful) attempt to enjoin the WSGC from enforcing provisions of the Gambling Act shortly before the shutdown, Betcha served the WSGC with a complaint on July 6, amended July 23, to which the WSGC responded on Aug. 13.
On Aug. 17, Betcha filed a motion for summary judgment, which it amended Aug. 23.
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