A judge in Frankfort, Ky., is to take up when to set a trial over the issue of Instant Racing at racetracks.
A hearing is scheduled for 9:30 a.m. EST Nov. 3 in Franklin Circuit Court after Kentucky officials requested a date to move the case toward a resolution.
The Family Foundation of Kentucky is challenging the legality of the slot-machine type of game where people bet on the outcome of previously run horse races without knowing which contest they are betting on.
The Kentucky Supreme Court ruled in February that Kentucky could license and regulate the game, but said there wasn't enough information to determine if it qualifies as a horse race or is illegal gambling.
Kentucky Downs in Franklin and Ellis Park in Henderson each offer the game.