New arguments have been filed in a court case testing the legality of Instant Racing in Kentucky.

In July, the Kentucky Horse Racing Commission approved regulations allowing eight horse tracks to conduct electronic wagering on previously-run horse races. Simultaneously, the commission asked the courts to rule on the legality of Instant Racing. Martin Cothran of the Family Foundation of Kentucky believes it is NOT legal.

“These are movies of old horse races, or horses that have long been dead. And we simply contest the idea that you can have live racing with dead horses.”

The Foundation’s latest legal brief in the case, filed Friday in Franklin Circuit Court, is two-and-a-half-inches thick. The racing commission, eight horse tracks and the state Revenue Department have 15 days to respond to the filing. Judge Thomas Wingate tells Kentucky Public Radio he intends to rule in the case before January.