Recently, Kentucky Downs began to allow wagering on historic
races at electronic gaming machines. The Kentucky horse industry
has long considered itself at a competitive disadvantage with
neighboring racing states that allow other forms of wagering. The
disadvantage may continue to grow as other states, such as
Kentucky's northern neighbor, Ohio, have authorized expanded
gambling (including authorizing slots at race tracks). With
Kentucky lawmakers unable to agree on proposals which would
authorize slot machines at race tracks, Kentucky Downs has sought
to rely on existing laws to offer new wagering opportunities for
patrons. So-called "instant racing" devices allow players
to place wagers on games where the outcome, at least in part,
relies on the results of historic horse races. The legal issue
turns on whether the instant races are "gambling" or
wagering on horse races under Kentucky law. Bill Flesher, Vice
President for Development at Kentucky Downs, said that instant
racing has generated nearly $2 million for purses and breeders'
awards. Kentucky Downs asserts that wagering on historical racing
complies with the laws and regulations set out by the Kentucky
Horse Racing Commission.
The state disagreed, and a trial occurred in December 2010
before Franklin Circuit Court Judge Thomas Wingate. At the
trial's conclusion, Judge Wingate upheld a proposal allowing
tracks to accept parimutuel bets on old races. A group entitled The
Family Foundation intervened in the lawsuit, seeking to clarify the
issue, and the ruling of Judge Wingate was appealed.
On Friday, June 15, the Kentucky Court of Appeals sent the case
back to the trial judge. The 2-1 decision from the appellate court
does not expressly prohibit instant racing at Kentucky Downs.
Instead, the appellate court sent the case back to the trial judge
to allow The Family Foundation of Kentucky and the state to explore
issues surrounding the instant race game.
In December 2010, Judge Wingate refused to allow the state and
The Family Foundation of Kentucky to exchange evidence and further
develop issues surrounding the wagering. The appellate court ruled
it was impossible to tell what the trial judge relied on to justify
upholding instant racing, Senior Judge Joseph E. Lambert wrote.
Judge Lambert concluded as follows:
We agree that the parties had a right to develop proof and
present evidence to establish that the wagers made by patrons at
electronic gaming machines do or do not meet the definition of
pari-mutuel wagering on a horse race.
Following the decision, Mr. Flesher confirmed that Kentucky
Downs will not stop offering instant racing games. Kentucky Downs
continues to take the position that such wagering activity complies
with the laws and regulations in Kentucky.
The future of wagering by patrons at electronic gaming machines
on historical racing remains up in the air. It is unclear whether
its survival is, at this point, a safe bet. Stuart Scott is a
member in Dickinson Wright's Nashville office.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
Last week, by virtue of a 63-30 procedural vote, the Senate moved forward with a bill called the Marketplace Fairness Act, with a final Senate vote set for May 6, according to The Wall Street Journal.
As featured on KPCC's Take Two the Justice Department is poised to sue Lance Armstrong for unjust enrichment, demanding that he return the reported $14 to $16 million that he pocketed as spokesperson for the U.S. Postal Service.
The State of Florida has amended its law governing games of chance, revising certain provisions including those governing game promotions and sweepstakes run by retailers and consumer brands, among others.
Corporate tweeters or bloggers – employees who post promotional and often entertaining commentary on behalf of their employers’ businesses – add much of their own personal brand – their voice, their opinions, their snarky remarks – to the information they are disseminating on the company’s behalf.
No blog can really take itself seriously unless it's written about Lindsay Lohan. Plus our Marketing Department claims she'll do wonders for our search rankings.
On April 19, the US Federal Communications Commission ("FCC") released a Notice of Proposed Rulemaking, Order, & Notice of Inquiry on the management and assignment of telephone numbers.
Twitter
Facebook
Digg 
