A legal “rabbit hole”?

LEXINGTON, KY — “This case gets more surreal by the hour,” said a spokesman for The Family Foundation after the Franklin Circuit Court declined to enter judgment this morning as directed by the Kentucky Supreme Court on its historical horse racing decision.

On Sept. 24, 2020, a unanimous 7-0 Kentucky Supreme Court ruled in favor of The Family Foundation in the ongoing case concerning the legality of slot-type gaming.  The Kentucky Supreme Court found specifically that the Exacta Gaming System was not pari-mutuel wagering and thus not legal.  The Supreme Court opined generally what was required for wagering to be pari-mutuel wagering. 

The move was made just hours before a State Senate hearing on legislation Thursday morning that would attempt to reverse the Court’s decision.

The Supreme Court remanded with instructions for the Franklin Circuit Court to enter a judgment consistent with its findings.  But instead of rendering a judgment as required by the Supreme Court, the Franklin Circuit Court invited the Kentucky Horse Racing Commission and the racetracks to tender proposed judgments as to their interpretation of what the Kentucky Supreme Court plainly said in its unanimous opinion.

“The Court has finalized its unanimous ruling against the Racing Commission and the tracks on this issue and so what does the lower court do?” asked Cothran. “It asks the losing side for its recommendations on what to do,” said Martin Cothran spokesman for the group. “We have now officially gone down the legal rabbit hole.”


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