News 8-21-13

“Instant Racing Emperor Has No Clothes,” The Family Foundation tells justices

“The Instant Racing Emperor has no clothes,” said Stan Cave, the attorney representing The Family Foundation in its case against Instant Racing, in oral arguments this morning before the Kentucky Supreme Court.

“No one really believes the arguments they are using to say that a video of a horse race is an actual horse race and that non-pari-mutuel betting is pari-mutuel. No one believes it, but no one wants to say so.”

Martin Cothran, spokesman for The Family Foundation said that no one can be fooled into thinking that a slot machine is not a slot machine “just because you put a little two-by-two inch video screen showing a horse race video next to the reels.” “And no one is fooled by the argument that bets are pooled when there can’t be a ‘pool’ of one bettor.”

During his argument, Cave pointed out that, other than the Lottery, wagering in Kentucky is limited to pari-mutuel betting on horse races. But Cave argued that the more central question for the High Court was whether the substantive issues could be decided at all, since The Family Foundation had been denied discovery at the trial court level.

“The Court can’t decide these issues without facts and evidence, but we were denied the right to present any at the trial court. Any decision assumes there is a record, but there is no record.”


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