FRANKFORT, Ky. (June 15, 2012) — The Kentucky Court of Appeals on Friday turned down a lower court ruling that allows wagers on previously run horse races.
The appellate court, in a 2-1 decision, sent the case back to Franklin Circuit Judge Thomas Wingate “for further proceedings” on the issue known as instant racing, reported the Lexington Herald Leader.
Senior Judge Joseph Lambert and Judge Janet Stumbo voted in the majority. Judge Sara Combs strongly dissented, according to the newspaper.
Kentucky Downs in Franklin, the only track in the state with instant racing, plans to continue despite the ruling, according to Bill Flesher, spokesman for the track.
Instant racing has generated nearly $2 million for purses and breeders’ awards, he told the newspaper.
Opponents say instant racing is essentially the same as slot machines, but proponents claim it is another form of pari-mutuel wagering because it is based on actual horse races.