Supporters of instant racing in Kentucky are once again trying to take their case to the state supreme court. Instant racing games allow players to wager on previously-run horse races using slot-machine like-devices. The Franklin Circuit Court previously ruled that the games are legal, but an appeals court sent the decision back, saying the anti-gambling Family Foundation should've been allowed to gather evidence in the case.
Now horse industry officials are appealing that decision in hopes of taking the case to the state supreme court.
“It certainly does make us suspicious that they really don’t want to answer our question," says Martin Cothran with the Family Foundation.
The foundation contends instant racing is too similar to slot machine gambling, and not the type of pari-mutuel betting that’s allowed under Kentucky law.
Supporters of instant racing previously tried to skip the appeals court by directly petitioning the Supreme Court, but were denied. Cothran says he believes the Supreme Court will have a similar ruling with this petition.