Oral Arguments Set for Instant Racing Case

The Kentucky Supreme Court will hear oral arguments in the instant racing case on August 21 at 10 a.m.

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.

The Family Foundation subsequently filed a brief focusing on two issues: whether their right to ask questions was violated by the trial court and whether instant racing is parimutual horse racing. Oral arguments before the Kentucky Supreme Court will focus equally on the two issues.

“We have maintained from the beginning that the facts of this case are essential in order to decide it properly,” says Martin Cothran, spokesman for The Family Foundation, “and instant racing advocates have been opposed to those facts being known. The Court’s announcement could be a sign that someone in the legal system actually thinks that they need to know what Instant Racing is in order to make a decision about it.”


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