In an attempted end-run around the General Assembly, on July 20, 2010, the KY Horse Racing Commission adopted new regulations purporting to authorize a new form of electronic slot gaming, known as historical horse racing.
On the same day, the Commission and Racetracks filed an “agreed case” to determine whether licensing and operating the machines was legal. That case is still ongoing and now before the Kentucky Supreme Court.
BUT that has not prevented the Commission from licensing them and the Racetracks from operating them.
With no evidence on how the machines worked, the court erroneously found them to be pari-mutuel horse racing.
The Kentucky Court of Appeals reversed the Franklin Circuit Court’s 2010 Opinion and sent it back for the discovery of evidence.
2014 Decision (Kentucky Supreme Court)
Lack of evidence meant the legality of operating the machines could not be determined, so the Court sent it back for discovery of evidence.
The court again found a form of slot gaming to be pari-mutuel wagering, by erroneously disregarding the law of the case and redefining terms.