FRANKFORT, Ky. (AP) -- For the second time in a month, a request to shut down slot machine-like gambling at a south-central Kentucky horse track has been denied.

A three-judge panel of the Kentucky Court of Appeals ruled Wednesday that Kentucky Downs in Franklin can continue operating its Instant Racing game, The Courier-Journal reported.

The Family Foundation of Kentucky wanted the court to issue an injunction blocking the racetrack from operating the devices, but the court said the foundation wouldn't be harmed enough to merit that.

Instant Racing, which involves wagering on "historical races," started at Kentucky Downs on Sept. 1. A week later, a Court of Appeals judge denied a motion for an emergency injunction to prevent it.

It might be next year before the appeals court issues a ruling in the case, the Lexington Herald-Leader reported.