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Kentucky Instant Racing heading to Court of Appeals

April 21, 2011

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The Kentucky Supreme Court on Thursday declined to hear a case on Instant Racing machines at the racetracks.

The Kentucky Horse Racing Commission (KHRC) promulgated rules governing Instant Racing, which was upheld by a ruling by a Franklin County Circuit Court Judge. The Family Foundation then filed a lawsuit challenging the ruling and asked that the state Court of Appeals hear the appeal.

The KHRC, in partnership with the racetracks and the Kentucky Dept. of Revenue, then filed a motion to have the case moved from the Court of Appeals to the state Supreme Court. The Supreme Court’s order on Thursday now means that the appeal by the Family Foundation will be heard by the Court of Appeals.

Instant Racing allows bettors to wager on previously-run races on machines similar to slot machines. The KHRC determined the machines operate on a pari-mutuel basis and wrote rules governing Instant Racing.

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