Franklin Circuit Judge Thomas Wingate has promised to give his ruling in a case involving Instant Racing games at Kentucky racetracks. Eight racetracks have filed for clarification regarding the status on an Instant Racing game that would allow punters to bet against each other on previously run horse races. The proponents argue that since the races were run already, this type of game is pari-mutuel and therefore allowed.
Opposition comes from Kentucky’s Family Foundation, which argues that the game is different from the standard pari-mutuel games on offer, mainly because is it a video gambling device that resembles a slot machine. They argued before the court, therefore, that the game should be illegal.
Instant Racing essentially acts as an alternative to traditional slot gaming, where players wager at a machine on previously run races in a common pool. Wagering is against each other.
The Kentucky Racing Commission approved the introduction of Instant Racing at race tracks in the state, and eight tracks immediately asked the judge to determine in advance that it was legal in order to have judicial proof if these games were ever challenged. The Family Foundation intervened by showing its opposition.
Judge Wingate heard both sides of the arguments and said that he plans to deliberate the case and give his ruling before Christmas.
Both sides were generally pleased with their arguments. The attorney acting for the Family Foundation, Stan Cave said that he believed the judge “was obviously listening very carefully to both sides.” Bob Elliston, President of Turfway Park in Florence, noted: “It’s not a court of hyperbole or a court of rhetoric. Our attorneys represented fact based on law and case law. I heard a bunch of hyperbole and rhetoric from opposing counsel. Not much law.”
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