Kentucky Family Foundation Files Response Briefs in Instant Racing Case

Yesterday the Family Foundation of Kentucky filed its response briefs in the Kentucky Supreme Court “Instant Racing” case.

When a trial court was deciding whether or not new “instant racing” video machines at racetracks are legal, the Kentucky Family Foundation was barred from asking questions or presenting evidence. The Family Foundation challenged the trial court’s decision to bar discovery, and on June 15, 2012 the Court of Appeals ruled in favor of the Family Foundation.

“We have simply asked for our constitutional right to ask questions and present evidence in the legal process of discovery that was denied in the trial court,” said Martin Cothran, spokesman for group. “This is what the Court of Appeals attempted to correct in its June 15, 2012 decision where it ruled that we are entitled to pretrial discovery.”

“The gambling industry is a powerful special interest, but it shouldn’t have the right to ignore the Constitution,” said Cothran.

Discovery allows both parties in a court case to discover and present the facts of a case so that the judge can rule accurately and fairly.

Cothran said that he was confident of The Foundation’s ability to win the case if all the facts were allowed to be brought to light.

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