The Keeneland Association and Red Mile issued a joint statement on Sunday saying the two Lexington, Ky., companies were temporarily shutting down historical horse racing (HHR) gaming machines at The Red Mile harness track. The closure, which takes effect at the end of business on Sunday, comes in the wake of a decision last week by the Kentucky Supreme Court not to rehear the case in which the court found in favor of the Family Foundation by a 7-0 decision, saying Exacta Systems HHR games do not qualify as pari-mutuel wagering because wagers are pooled from multiple races that determine the outcome of a bet made at a specific machine.
“We were disappointed the Kentucky Supreme Court denied our petition for rehearing,” the statement said. “At this time, Keeneland and Red Mile have made the very difficult decision to temporarily close historical horse racing operations until there is more clarity surrounding the situation. We have confidence the Kentucky legislature will continue its efforts to protect jobs and state revenue generated by historical horse racing, as well as protect Kentucky's signature horse racing industry.”
Promotional materials from Red Mile Gaming & Racing indicate the facility has 138 themed HHR games on which to bet. Sixty-eight of those games are from Exacta, with the remaining machines distributed by Ainsworth and Parimax.
In the wake of the September Supreme Court ruling, Exacta officials said they would make software adjustments to meet the Supreme Court standards.
None of the other HHR operators in Kentucky have indicated they would shut down while awaiting legislative action. Churchill Downs Inc.'s Derby City Gaming in Louisville and Oak Grove Gaming and Racing in Christian County both use Ainsworth games, which were not in place when the Family Foundation suit was filed in 2012. Kentucky Downs in Franklin, Ky., the first track to embrace HHR, also remains open.
Historical horse racing has added millions of dollars to Kentucky purses annually since approved by the Kentucky Horse Racing Commission in 2010.
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