The Kentucky Court of Appeals expects to issue a ruling in four to
six weeks over a challenge to the legality of Instant Racing machines,
the slot machine-like devices installed at Kentucky Downs in Franklin,
Ky., that use the results of previously run horse races to generate
The legality of the devices was challenged by the Family
Foundation of Kentucky, which has argued that the machines violate the
state constitution’s prohibition on forms of gambling other than horse
racing or the lottery.
The Kentucky Horse Racing Commission
adopted regulations late in 2010 allowing the machines, and the state’s
attorney general, Tom Conway, a horse owner whose father is on the
racing commission, has issued an opinion that the regulations comply
with state law. Late in 2011, Ellis Park in western Kentucky also
received approval to operate the machines, though the devices have not
yet been installed at the track.