Legislators ask AG’s office to intervene on legality of ‘instant racing’ machines
By JIM BROOKS
Nelson County Gazette
Wednesday, Oct. 19, 2011, 10 a.m. — Nine Republican state representatives – including 50th District Rep. David Floyd, Bardstown — are asking Attorney General Jack Conway and his office to investigate how the electronic “instant racing” machines installed at Kentucky Downs in Franklin are legal when they appear to be video slot machines and in conflict with the Kentucky constitution.
State legislators have asked Kentucky Attorney General Jack Conway's office to determine if the "instant racing" machines violate the state constitution. Click to enlarge.
In their letter, the legislators state that the instant racing machine’s display of a three-second, 2-inch by 2-inch video clip of a horse race does not constitute a horse race, nor does playing the machine qualify as pari-mutuel betting, which typically requires the pooling of the bets of multiple bettors on the same race.
In addition to Floyd, the letter was signed by state representatives Tim Moore (R-26); Jim DeCesare (R-21); Stan Lee (R-45); Kim King (R-55); Ben Waide (R-10); Thomas Kerr (R-64); Joseph Fischer (R-68); and Brent Housman (R-3).
The letter adds that the Kentucky Racing Commission has no legal authority to establish regulations for the use of instant racing slot machines that are statutorily prohibited in Kentucky.
Noting Conway’s earlier statements that he was not inclined to get involved in the instant racing litigation, the letter calls on his office to get involved. His failure to do so will be “declining to do what attorneys general are supposed to do.”
- Read the letter legislators sent to AG Jack Conway.
- See video of “instant racing” machines in operation.
The horse race on this screen of a video "instant racing" machine is in the 2 x 2-inch yellow box at the top right of the screen. The "race" lasts three seconds. Click image to enlarge.
“We understand that you may disagree with the General Assembly’s expressed opposition to expanded gambling and video slot machines at the racetracks. However, we respectfully submit that the Office of the Attorney General is statutorily obligated to enforce the law as written – not to advance a material change in public policy by inaction.”
The attorney general’s office is to be involved in all litigation in which the state or its agencies has an interest, and has the power to seek an injunction when necessary. The letter notes that in the AG’s office ruled in January 2010 on the legality of instant racing, and the failure to get involved now “would render you so impotent to address clear statutory violations anytime litigation is pending.”
The matter of expanded gambling in Kentucky – including slot machines at horse tracks – “is a matter of public policy for the General Assembly to address, not the courts and certainly not an unelected Racing Commission,” the letter states.
The legislators suggest if Conway is reluctant to act, or has a conflict of interest that he appoint a special prosecutor or investigator to investigate the legality of instant racing and enforce the open records requests by The Family Foundation to the racing commission,
The legislators said they were hoping for a response early this week on the letter, which was dated Friday, Oct. 14, 2011.
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