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Kentucky racetracks unveil added gaming features

Posted on July 24th, 2010

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An uncontested vote was made from the Kentucky Horse Racing Commission last Tuesday regarding regulatory changes to allow electronic gaming, including a game called “Instant Racing” on the state’s racetracks. The vote was made without much debate or discussion. The game “Instant Racing” was first adopted by Oaklawn Park in Arkansas and proved to have generated millions of dollars in funds for the state. “I’m happy that today this commission has the opportunity to take an action that I hope everybody will agree is in the best interests of the horse racing industry in Kentucky, the product is not a panacea … but is a tool that tracks and horsemen can use to generate additional purse money,” said Kentucky Horse Racing Commission chairman Bob Beck.

The chairman also said that after months of research, and together with Governor Steve Beshear, the commission made conclusions that the race activities are a pari-mutuel wagering activities and that the commission can legally regulate it. This kind of wagering has been lobbied by Kentucky racetracks as a form of expanding gambling in the racetracks, to replace video slot machines. However, the tracks believe that the replacement will not be as lucrative as how the slots were. Electronic gambling includes games where in the players bet against each other rather than betting against the house.

Turfway Park president Bob Elliston said that expanded gaming was effective in Arkansas, “but ours is a different market; ours is a more mature gaming market,” he said. We’re willing to give it a shot. … I think every bit helps.” Others are also seeing potential in electronic gambling and are supportive. Like Kentucky Horsemen’s Benevolent and Protective Association president Rick Hiles, who said that the horse trainers are also showing support. “This keeps us from drowning for a while. It’s a baby step hopefully to help us be competitive with other states.” Negotiations would still need to made on how the revenues from electronic games be divided. The new games are expected to be operated year round.

A total of 8 possible race tracks are being considered, where the electronic games could be placed. Racing Commission Executive Director Lisa Underwood says these are the Turfway Park in Florence, Churchill Downs in Louisville, Kentucky Downs in Franklin,
Keeneland and The Red Mile in Lexington, Players Bluegrass Downs in Paducah, Ellis Park in Henderson, and the Thunder Ridge in Prestonsburg. The regulations made will undergo normal review and approval processes and the General Assembly will still be able to review these regulations. The assembly can block these too, if deemed needed.

The 8 mentioned tracks and the racing commission together with the Department of Revenue filed a petition of rights last Tuesday on the Franklin Circuit Court. This was done as a defense for any chance of legal battles. The Family Foundation of Kentucky senior policy analyst Martin Cothran expressed his group’s plans of fighting Instant Racing at the legislature. The Family Foundation of Kentucky is a known group that opposes expanded gambling. Cathran believes that the regulatory changes that will now include games like Instant Racing is a subtle and indirect way of introducing casino style gambling in Kentucky. “Casino gambling is unconstitutional in our state, Instant Racing is simply another form of casino gambling, and it is therefore unconstitutional,” said Cothran.

The commission, however would be seeking a public vote until September and will have public hearing regarding the issue on September 29. Governor Beshear seemed to be impressed by the commission’s decision to expand gambling on the tracks. He believes that the commission just made “an important step toward helping our state’s endangered horse industry.” But he was quick to add that “No one should see today’s action as ‘the answer’ to the challenges facing Kentucky’s horse industry.” Beshear also hopes the Department of Revenue will be quick in their ruling whether Instant Racing is actually constitutional or not. Racing Commission Chairman Beck estimates a 6 months waiting time.