FRANKFORT — The Family Foundation of Kentucky is asking the state Court of Appeals to immediately shut down the state's first instant racing parlor at Kentucky Downs in Franklin.
Kent Ostrander, executive director of the non-profit, conservative group, said a judge would consider the foundation's motion for an injunction Tuesday. The motion was filed late Thursday.
The Family Foundation initially had said it would not seek an injunction, but Ostrander said Friday: "We changed our mind after seeing a photo in the Lexington Herald-Leader that showed the instant racing machines are nothing but slot machines, which are illegal.
"A picture is worth a thousand words."
The track held a ceremonial ribbon-cutting Thursday to open the parlor, where customers make bets on previously run races.
The Family Foundation lost a legal challenge against instant racing in Franklin Circuit Court and has appealed to the Kentucky Court of Appeals. Oral arguments in the appellate court have not been scheduled.
Ostrander said his group "always has maintained these machines are slot machines. We were not allowed during the circuit court proceedings to participate in discovery to find out exactly what they were.
"The newspaper photo showed us."
A Kentucky Downs spokesman said the track, which has invested $3 million in the games, would offer its response in court but maintains they are legal. The track is on the Tennessee border, 35 miles north of Nashville.