Historical Racing Returns to Kentucky Supreme Court

The Kentucky Supreme Court unanimously accepted a request June 13 for a fast-tracked appeal to re-examine the legality of historic racing machines installed by multiple racetrack-owned venues across Kentucky, according to WDRB.

In late October, Franklin Circuit Court Judge Thomas Wingate ruled wagering offered by Exacta Systems historical racing machines "are structured to operate in accordance with the pari-mutuel system of wagering," meaning they are not gambling devices.

Casino gambling is illegal in Kentucky. The fast-tracked appeal allows the case to bypass the Kentucky Court of Appeals and head straight to the state's Supreme Court.

Judge Wingate's ruling favored the Kentucky Horse Racing Commission along with other Kentucky tracks and racing associations. It went against the conservative organization The Family Foundation, which requested the appeal to the state's Supreme Court and argued the historic racing machines expand gambling in the state.

Historical racing machines last reached the Kentucky Supreme Court in 2014 when the Supreme Court remanded the case back to the circuit court for discovery. Judge Wingate's decision came after a four-year period of discovery and a four-day bench trial with expert witnesses in January 2018.

WDRB reported both parties will file legal briefs and argue in person before the Kentucky Supreme Court. A decision is not likely until 2020.

Historical racing machines have a slot machine-like appearance and players wager on a previously-run race they are unable to identify beforehand. Kentucky Downs was the first venue in the state to install the machines in 2011, followed by Ellis Park in 2012. The Red Mile harness track, in partnership with Keeneland, installed the machines in 2015. Derby City Gaming, operated by Churchill Downs Inc. and near the racetrack Churchill Downs, represents the most recent venue to add them after opening in September of last year.