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Kentucky court overturns Instant Racing

June 15, 2012

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The Kentucky Court of Appeals Friday morning overturned a judge's ruling allowing racetracks to have Instant Racing machines, which allow bettors to wager on races previously run without knowledge of the outcomes.

According to the Louisville Courier Journal, two of the three judges agreed that the Family Foundation of Kentucky should have been allowed to gather evidence on whether the machines are legal under Kentucky law.

The Instant Racing machines have been in operation since last September at Kentucky Downs and Ellis Park has also been approved to install the machines but has yet to do so. The other racetracks, including The Red Mile in Lexington, have been waiting for the appeal by the Family Foundation to make its way through the court system.

The Court of Appeals has now sent the case back to Franklin Circuit Court Judge Thomas Wingate. It was Wingate who earlier upheld the Kentucky Racing Commission's regulations overseeing the Instant Racing machines that were promulgated in 2010. While the regulations provide that the machines are pari-mutuel and Judge Wingate agreed in his earlier ruling, the Family Foundation has argued the opposite.

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