"Historical Racing” / slot gaming case to be heard by the Kentucky Supreme Court

Stan Cave may have the patience of Job, but he certainly has the faith of Jonathan and his armor bearer. (See I Sam 14) Cave, The Family Foundation’s attorney, has been fighting with as many as 14 attorneys at a time since August of 2010 in the various machinations of this “Historical Racing” court case, oftentimes under very demeaning circumstances at the hands of the gambling industry’s attorneys. But he has stayed true to the case and now has the opportunity to argue before the Kentucky Supreme Court. The Family Foundation’s position that the devices in question do not, as the law requires,facilitate “pari-mutuel wagering on horse races.”

From the beginning of the case, the ultimate question has been: “Are these devices truly an expression of pari-mutuel wagering on horse races?” Common sense tells everyone that they are more akin to slot machines than horse races. But court decisions are not simply based on common sense – something has to be proven . . . and the burden of proof is on the race tracks and Horse Racing Commission!

Even journalists returning from the machines’ grand opening at Kentucky Downs in September of 2011 said privately, “They’re just slot machines,” while at the same time they reported on the news programs about “historical racing machines.”

After years of petitioning the Kentucky Horse Racing Commission for information and having it either slow-walked or intentionally shuffled in large, unintelligible piles, Cave finally got what he needed, figured out how the machines actually worked (via mathematical algorithms, NOT pari-mutuel wagering), and proceeded to engage them in the trial court.

Though initially losing in Circuit Court last Fall,on June 13, the Kentucky Supreme Court accepted The Family Foundation’s appeal and transfer of the case to its jurisdiction.

“Their claim that this is pari-mutuel wagering on a horse race is simply foolishness,”said Cave. “It’s like they are trying to sneak daylight past the rooster.”

In southern Kentucky, not only does their marketing for Kentucky Downs belie their false claims in court that the machines are pari-mutuel (see photo on left), but also their radio and television advertisements in Central Kentucky, which pitch “gaming and racing.” If the horse races on the track are pari-mutuel wagering and the historical racing machines inside their facilities are pari-mutuel wagering on horse races,where is the “gaming”they advertise?

It’s time for the truth about “historical horse racing” to be revealed.

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