The Kentucky Supreme Court will soon decide whether Instant Racing is similar to betting on live racing or illegal gambling.
Yesterday the court quizzed attorneys from various racetracks, the Kentucky Horse Racing Commission and The Family Foundation of Kentucky about the game. The game allows patrons to bet on past races without knowing the names of the trainers, jockeys or horses. Kentucky Downs in Franklin and Ellis Park in Henderson each offer the game. A Family Foundation lawyer says historic racing is essentially slot machine gambling, which is barred in the state. An attorney for the race tracks says there's no difference between betting on historic races and betting on live racing.