Family Foundation of Kentucky may join a suit seeking a declaratory judgment on the legality of Instant Racing in an attempt to keep open its options.
The Louisville Courier-Journal reported Aug. 11 the organization told Franklin Circuit Court Judge Thomas Wingate, who will hear the Instant Racing case, it could file a brief. Wingate in late July expedited the process and told the parties—the Kentucky Horse Racing Commission, Kentucky Department of Revenue, and the state’s eight racetracks—to file briefs in 30 days.
There were no "opponents" in the case when the request for delaratory judgment was filed, so Wingate moved ahead.
Instant Racing machines resemble video lottery terminals but are considered pari-mutuel in nature because the games rely on recycled horse races and all money wagered is pooled, unlike regular slot machines. The state attorney general already has ruled Instant Racing is pari-mutuel and would be permitted with changes in pari-mutuel regulations
Family Foundation officials told the Courier-Journal Wingate’s ruling probably wouldn’t be the final action in the case, and that another lawsuit could be filed.