The Kentucky Court of Appeals has scheduled oral arguments for April 25th at 1:00 p.m. in the Instant Racing case (The Family Trust Foundation of Kentucky, Inc. vs. The Kentucky Horse Racing Commission, 2011-CA-000164).
Franklin Circuit Judge Thomas Wingate ruled in December 2010 that existing state law permits instant racing, the Kentucky Horse Racing Commission has the authority to regulate it and the Department of Revenue has the authority to tax it.
The Family Foundation appealed the Circuit Court ruling in January 2011 and filed a motion in the Court of Appeals for an injunction to halt instant racing when Kentucky Downs, in Franklin, KY, began offering it in September 2011. The motion was denied and Ellis Park in Henderson moved forward as the second track in the state to offer instant racing, which is scheduled to open soon.
The instant racing machines are so popular at Kentucky Downs that the request for 75 additional machines was approved by the KY Horse Racing Commission last month. From September-February bettors wagered $40,248,707, delivering $2,858,955 to Kentucky Downs, $603,731 to the state commission, $400,254 to the purse fund, and $28,590 to the Breeders Incentive Fund
Several of Kentucky's other racetracks, including The Red Mile, have expressed an interest in adding instant racing but have said they will wait until a ruling by the KY Court of Appeals.