After more than eight years of manipulations by the gambling industry, a judge ruled in their favor. But an appeal has been filed!
The transformation of the federal judiciary moves forward with Trump and McConnell working diligently hand-in-hand.
On Oct. 24, Franklin Circuit Judge Thomas Wingate finally ruled in the “Instant Racing” court case, concluding, with unusual reasonings, that the machines were, in fact “pari-mutuel” wagering on horse racing. Acting expeditiously, Stan Cave, The Family Foundation’s attorney, filed an appeal on Nov. 15 and then a Motion of Transfer to the Kentucky Supreme Court on Nov. 26, asking that body to receive the case once again.
The Kentucky Supreme Court complicated the proceedings four years ago by holding the enabling regulations valid prior to a complete evidentiary hearing. The result of that ruling has contributed to the creation of five casinos in the state with another authorized without any vote by the people, any vote by the legislature and without any hearing by a legislative committee.
In other words, the court system of Kentucky has legalized expanded gambling without the policy-making branch of government having a say. This is particularly interesting since that same policy-making branch – the General Assembly – had denied gambling expansion since 1994, when it was first pushed.
Gov. Beshear started the ball rolling in 2010, when he had his Horse Racing Commission form a common interest with Kentucky’s eight race tracks and petition the Franklin Circuit Court in an “agreed case” to determine whether the games were pari-mutuel. This, in itself, was bizarre because the Horse Racing Commission is supposed to regulate the race tracks, not advocate gambling with them. The Family Foundation entered the case and has observed the gambling industry manipulating the proceedings so the court would authorize casinos.
But courts shouldn’t create policy. “A major part of the problem is that the judicial system is not equipped to assess policy – only legal matters,” said Kent Ostrander, executive director of The Family Foundation. “And when we filed open records requests with the Horse Racing Commission and its overseeing Cabinet – the Public Protection Cabinet – neither of them could produce government reports concerning the effects of what this type of expanded gambling would do to Kentucky families. It is beyond bizarre.”
Call 1-502-564-2611 leave this message with the Governor’s receptionist: “Please veto any gambling bill!”
Call the toll-free Legislative Message Line, at 1-800-372-7181, and leave this two-part message for “all the legislators from my county.” (State Senators and Representatives): “Please vote against any gambling bill! And, Hold a hearing on ‘Instant Racing’ and the new casinos.”
