LOUISVILLE, Ky. (WDRB) -- The Kentucky Court of Appeals has overturned a judge's ruling allowing Instant Racing in Kentucky, but that does not necessarily mean that Instant Racing is now illegal.
The Court did not rule as to whether or not Instant Racing is legal. Instead, it sent the case back to a lower court on a technicality.
Right now, only one track, Kentucky Downs, uses Instant Racing. The game allows players to bet on past horse races using a machine similar to a slot machine.
In 2010, a Franklin Circuit Court judge ruled that Instant Racing is a form of legal gambling. But the Appeals Court has now decided that the Family Foundation of Kentucky, which opposes Instant Racing, was not allowed to properly gather evidence and make its case that Kentucky law only allows betting on live horse racing.
"We now have a level playing field for the first time," said Family Foundation President Kent Ostrander. "Until now, we've been relegated to a back seat in the courtroom, unable to do discovery and ask any questions. So this will open the door to the further development of our case."
But supporters of Instant Racing do not consider the ruling a defeat. "We are convinced that the regulations were properly passed and that wagering on historical racing is permissible under KY law. So, it's this is a bit of a legal maneuver but certainly not a setback," said Patrick Neely of the Kentucky Equine Education Project.
Other tracks, such as Churchill Downs, are watching this case very closely. As recently as Thursday, officials there lamented Kentucky horse racing's competitive disadvantage.
"All of our competitors have enhanced their purses with money from casinos in one form or another. And so, we are constantly in competition to recruit horses to Kentucky," said Churchill Downs President Ken Flanery on Thursday.
So now the case goes back to Franklin Circuit Court, where both sides believe they can end up in the winner's circle. "We believe that this is para-mutuel wagering on historic racing. The regulations are legal. And at the end of the day, we feel like we're going to win," said Neely.
"We'll be able to develop our concerns about the fact that it's not para-mutuel wagering. It's one person standing in front of a machine. It's basically a slot machine," said Ostrander.
In a written statement, Kentucky Downs said Instant Racing has generated nearly 2-million dollars to enhance purses. It said it will continue to offer Instant Racing while this case moves, once again, through the courts.
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