KY Superior Court Mulling Instant Racing

Published: August 22, 2013 04:06 pm EDT

On Wednesday, August 21, the Kentucky Superior Court heard arguments both for and against the legality of operating 'instant racing' terminals in the state.

As a report by the Lexington Herald-Leader explains, both sides believe that they presented strong cases in front of the court.

Instant racing machines, which offer wagering on 'historical racing,' are slots-like machines that allow gamblers to bet on previously-run or 'historical' horse races. The machines are currently up and running at a pair of Kentucky tracks, and other raceways are considering housing them if they are deemed legal by the state's Supreme Court.

The court will now considering whether a lower court that had previously deemed the machines as legal made an error in its judgement.

"I feel very good about the way the arguments went today," said Stan Cave, attorney for Family Foundation, which is contesting the legality of the machines. "I think the court asked good questions and that they understood the issue --- they'll understand the issue even better before they issue an opinion."

Cave later added that if the Superior Court rules against the Family Foundation, the group will then "evaluate what our next options are."

"I thought the argument was as expected," said William Hoskins, attorney for the Red Mile and Ellis Park. "You have very engaged judges; you have very good lawyers; you have a case that was thoroughly briefed by all, and thoroughly vetted."

"I felt good that the facts of law were well presented, and, as we felt from the start, that the legal case for pari-mutuel wagering on historical horse races is sound," said Corey Johnsen, president of Kentucky Downs, which currently offers instant racing terminals to its patrons.

The report by the Lexington Herald-Leader explains that the court's decision is not expected to be known for months.

(With files from the Lexington Herald-Leader)

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