The Kentucky Supreme Court has upheld the state’s authority to regulate betting on older, recorded horse races.
But the justices on Thursday sidestepped the issue of whether the game—known as Instant Racing—violates gambling prohibitions in state law.
Justice Daniel Venters, writing for the court, said there wasn’t enough information in the court record to determine if Instant Racing qualifies as a horse race or illegal gambling. The justices sent that issue back to Franklin Circuit Court.
Instant Racing is a game where people can bet on the outcome of an older horse race without knowing which contest is involved.
The Family Foundation of Kentucky contested the legality of the game.