Court Denies Request to Halt Instant Racing

The gambling devices will continue to operate at Kentucky Downs.

A public policy group’s request to halt Instant Racing at Kentucky Downs was denied by the Kentucky Court of Appeals Oct. 5.

The Family Foundation of Kentucky had asked the court to shut down operation of the machines, which resemble video lottery terminals but are considered pari-mutuel because all bets are pooled, unlike slot machines.

The Lexington Herald-Leader reported Oct. 6 that the court denied the motion because it “cannot agree that the injury is irreparable or one that could not be rectified through the current litigation.”

The Family Foundation has said Instant Racing is illegal under Kentucky law. The state attorney general’s office in 2010 issued an opinion saying the games are pari-mutuel and could be launched with updated statutes.

The appeals court still must rule on the legality of Instant Racing.