On Monday, the Family Foundation filed its latest response in Franklin Circuit Court to the Kentucky Horse Racing Commission and the racetracks in the case involving historical racing.
The foundation argued that the state, which in July approved regulations to allow tracks to take bets on previously run races, drafted the rules specifically to approve "Instant Racing," which the commission denied.
Instant Racing is a type of trademarked electronic gambling pioneered by Oaklawn Park in Arkansas.
In its brief, the Family Foundation cited patents on the games that describe each bet as "a unique event, so there is no pooling of other players' wagers on that event." The racing commission has argued the betting is pari-mutuel, just like live horse racing, because the bets are pooled.
The state and the tracks have asked the court to rule on the legality of betting on videos of anonymous races.