The Kentucky branch of a national gaming company and a Virginia Man are suing the Rowan County Sheriff and the attorney general of Kentucky.
In a suit filed Friday, POM of Kentucky, LLC and its representative, Burning Barrel Game, and Wilbur Thompson, IV, ask for a return of a gaming device which was confiscated from Thomson on March 10.
According to the citation, Sheriff Matt Sparks took the device and charged Thompson with possession of an illegal gambling device which Thompson allegedly knew to be used in the advancement of unlawful gambling, a class A misdemeanor.
The lawsuit claims the device is skill-based and therefore legal in Kentucky.
The plaintiffs are asking that the device be returned and the charges dropped. They also ask for a declaration of rights that the Burning Barrel Game is a game of skill and that the Game itself does not constitute “gambling” under Kentucky law, that the game itself not be considered a gambling device, and therefore those using or possessing the game in Kentucky are not doing so in violation of Kentucky law.
The suit requests an injunction against Sparks, Attorney General Daniel Cameron, and all other law enforcement to prohibit seizure of the games and prosecution of those in possession of or using the device.
A hearing date has not yet been set.
