Franklin Circuit Judge Thomas Wingate denied a motion by The Family Foundation to require racetracks to provide an in-court demonstration of historical wagering, or instant racing.
In the recent order, Wingate also denied the Family Foundation's request to have the state pay costs to depose the racetracks' expert witness on historical wagering, a form of computer gambling in which the winner is determined by the result of a previously run, anonymous horse race.
The Family Foundation, a conservative advocacy group, has sued the racetracks and the state, challenging the legality of the wagers, which they contend are not pari-mutuel.
The Kentucky Supreme Court sent the case back to Wingate to settle that issue.
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Wingate granted the Kentucky Horse Racing Commission's request for a briefing schedule and ordered that proposed dates for inspecting wagering terminals at Ellis Park, Kentucky Downs or The Red Mile be submitted by the tracks by Aug. 31.
The Family Foundation will have until Oct. 30 to provide times and dates. The inspections may be recorded by video for potential use in the trial, which Wingate set for Sept. 6, 2016.