Horse industry wants Supreme Court to hear 'Instant Racing' case

FRANKFORT — The Kentucky Horse Racing Commission and the state's racetracks want the state Supreme Court to decide whether the state can regulate bets on videos of previously run horse races, including the game Instant Racing.

Last month, Franklin Circuit Judge Thomas Wingate ruled that the state can regulate Instant Racing. The Family Foundation, which had filed suit challenging the state's ability to regulate Instant Racing, filed a notice Jan. 20 that it would appeal the case to the state Court of Appeals.

On Friday, the Kentucky Horse Racing Commission, the racetracks and the Kentucky Department of Revenue filed a motion to have the state's highest court hear the case, arguing that the case should be heard by the Supreme Court because it was of "great and public importance."

In Instant Racing, players try to pick the top three finishers in an anonymous horse race based on limited background information.

Martin Cothran, a spokesman for the Kentucky Family Foundation, said the Family Foundation will not oppose the motion to transfer.

"We do wonder why they are in such a rush in the court system," Cothran said. "They are dragging their feet in the legislature."

Administrative regulations regarding games such as Instant Racing have been pending before a state legislative committee for several months. Legislators have said they are waiting until the court case has been decided before approving the changes.

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