LOUISVILLE, KY. (WDRB) -- Kentucky Downs says it intends to continue offering instant racing despite a ruling allowing it being overturned.
The Kentucky Court of Appeals made that decision Friday, which sends the case back to Franklin Circuit Court Judge Thomas Wingate.
Kentucky Downs in Franklin became the first track in the state to offer the game. The track says it's brought in more money since instant racing was allowed, and that it has been drawing people in from Tennessee as well as Kentucky.
The instant racing proposal involved allowing tracks to accept pari-mutuel bets on rebroadcasts of old races, which have the names of the horses, jockeys, and trainers stripped away.
Kentucky Downs released a statement on Friday, saying its position remains that instant racing is lawful and it will continue to offer it.
The track says instant racing has generated nearly $2 million that goes to purses and breeders' awards.
For an earlier story on instant racing, click here.
The Family Foundation of Kentucky had challenged the decision to allow instant racing, saying it's not actually pari-mutuel betting, in which the odds and the payouts are not determined until after wagering ends.
"If a patron goes in and drops his or her quarter into the slot machine but they're not wagering against anyone else because no one else is betting on the same race, well then, how can odds change?" asked Stan Cave, an attorney for The Family Foundation of Kentucky, back in April.
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