historical horse racing | Horse Racing Free Tips

Keeneland, Red Mile Announce Temporary Closure of Historical Horse Racing Operations

Keeneland Association and the Red Mile issued a joint press release Jan. 24 announcing the closure of historical horse race (HHR) gaming that the two tracks operate in partnership at the Red Mile harness track. The Sunday morning decision came three days after the Supreme Court of Kentucky ruled that it will not rehear an appealed Sept. 24 decision that told a lower court to re-examine the legality of the most crucial form of funding for purses in the commonwealth.

“We were disappointed the Kentucky Supreme Court denied our petition for rehearing,” the press release stated. “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.”

An additional sentence was tacked on to that release on the home page of the Red Mile's website: “Red Mile will close at end of business on Sunday, January 24th. A reopening date has not been identified at this time.”

HHR handled $2.2 billion during the commonwealth's most recent fiscal year, and revenue from that form of gaming annually contributes tens of millions of dollars to the Kentucky purses. This form of gaming has been operational—but challenged by opponents in the courts as illegal—for the better part of a decade on the grounds that HHR does not meet the definition of pari-mutuel wagering.

In its September judgment, the Supreme Court ruled 7-0 that HHR machines made by Exacta Systems do not “create a wagering pool among patrons such that they are wagering among themselves as required for pari-mutuel wagering.”

Although the Supreme Court case only involves HHR machines made by Exacta Systems, whose machines are in use at the Red Mile, Kentucky Downs and Ellis Park, the gaming systems operate in broadly the same manner throughout Kentucky, meaning that a precedent established for one version is likely to affect all forms of HHR gaming.

Churchill Downs, Inc., which owns the tracks and gaming licenses associated with Kentucky's Churchill Downs and Turfway Park, has already halted reconstruction on its demolished Turfway grandstand, vowing late in 2020 not to continue until HHR's legality gets sorted out.

Although Thursday's Supreme Court decision was not entirely unexpected, it eliminated a judicial avenue for keeping HHR functional in Kentucky, making it clearer that getting HHR passed via new legislation remains the Thoroughbred industry's best path forward, according to some stakeholders.

But the Kentucky legislature only meets for 30 days in odd-numbered years, meaning that there is increased time pressure to take up the issue before the 2021 session ends Mar. 30.

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KY Supreme Court Won’t Hear HHR Legality Case

The Supreme Court of Kentucky ruled Jan. 21 that it will not rehear an appealed Sept. 24 decision that told a lower court to re-examine the legality of historical horse race (HHR) gaming in the commonwealth, keeping the most crucial form of funding for purses at the state's five Thoroughbred tracks in peril.

HHR handled $2.2 billion during the Commonwealth's most recent fiscal year, and revenue from that form of gaming annually contributes tens of millions of dollars to the Kentucky purses. This form of gaming has been operational–but challenged by opponents in the courts as illegal–for the better part of a decade on the grounds that HHR does not meet the definition of pari-mutuel wagering.

Although Thursday's Supreme Court decision was not entirely unexpected, it eliminates an avenue for keeping HHR functional in Kentucky, making it clearer that getting HHR passed via new legislation remains the Thoroughbred industry's best path forward, according to some stakeholders.

Tonya Abeln, the vice president of communications for the gaming corporation Churchill Downs, Inc. (CDI), told the Louisville Courier-Journal that, “The Kentucky Supreme Court clearly told the industry to work with the General Assembly on achieving a legislative solution. Our top priority for the 2021 legislative session is maintaining the status quo to ensure historical horse racing can continue operating in Kentucky as it has for the past decade.”

CDI, which owns the tracks and gaming licenses associated with Kentucky's Churchill Downs and Turfway Park, has already halted reconstruction on its demolished Turfway grandstand, vowing late in 2020 not to continue until HHR's legality gets sorted out.

Officials at Keeneland Race Course told WTVQ in a statement that, “We are aware of the decision and are evaluating our options moving forward.”

Although the Supreme Court case only involves HHR machines of a particular brand, the gaming systems operate in broadly the same manner throughout Kentucky, meaning that a precedent established for one version is likely to affect all forms of HHR gaming.

But the near-term fate of HHR remaining operational was still murky as of Thursday evening.

“The Kentucky Horse Racing Commission [KHRC] will act in accordance with the terms of the judgement entered by the Franklin Circuit Court, pursuant to the September 24, 2020, opinion of the Kentucky Supreme Court,” stated a Kentucky Public Protection Cabinet statement posted to Twitter. “The KHRC will not provide additional comment at this time, due to ongoing litigation.”

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Kentucky Supreme Court Declines To Review Historical Horse Racing Decision

The Kentucky Supreme Court issued a brief statement on Thursday in which it declined to reconsider the unanimous decision on historical horse racing machines issued on Sept. 24, 2020, reports the Courier-Journal. The request was issued by the Kentucky Horse Racing Commission and state's racetracks.

Meanwhile, legislative solutions to legalize historical racing machines are in the process of being crafted. Among the supporters of historical racing are Gov. Andy Beshear and Kentucky Senate Majority Floor Leader Damon Thayer.

“Our top priority for the 2021 legislative session is maintaining the status quo to ensure historical horse racing can continue operating in Kentucky as it has for the past decade,” Tonya Abeln, vice president of communications for Churchill Downs, Inc., told courierjournal.com. The preservation of the associated $5.2 billion economic impact statewide as well as the direct and indirect jobs of 60,000 Kentuckians impacted by HHR is now in the hands of the Kentucky General Assembly.”

KEEP: A Legislative Fix For HHR Is About Keeping The Status Quo, Not Expanding Gaming

The Kentucky Equine Education Project (KEEP), Kentucky's equine economic advocate, released the following statement on the importance of legislation to maintain historical horse racing in Kentucky on Tuesday:

Kentucky's signature equine industry has a simple request for state legislators in 2021: maintain the status quo and protect local jobs and investment by allowing historical horse racing to continue in Kentucky. Inaction would cost us thousands of jobs, millions in tax revenue and significant economic development opportunities at a time when they are needed most. The longer-term impact to Kentucky's world-renowned horse racing industry, including the breeding, farming, training, tourism and other sectors it supports, is of even greater concern.

Historical horse racing is a popular form of entertainment that has been taking place in the commonwealth for a decade, while providing important jobs to Kentuckians, driving local investment and breathing new life into our signature equine industry. Much of this activity has been taking place in smaller communities throughout the commonwealth, where job creation and investment opportunities aren't always abundant.

Historical horse racing has allowed Kentucky's racing circuit to remain competitive with neighboring states by increasing purses and promoting higher quality racing. These benefits extend far beyond the racetrack, as a healthy racing circuit also benefits the vast network of businesses and individuals who work tirelessly in support of the horse industry, including breeders, feed and bedding suppliers, tack and equipment dealers, veterinarians, farm hands, blacksmiths, owners and trainers, among others.

A strong equine industry means a strong Kentucky and that's something we should all support.

Unfortunately, a recent ruling by the Kentucky Supreme Court has put historical horse racing—and our entire industry—in jeopardy. Now, we need the General Assembly to act quickly and address the simple fixes outlined by the court. Legislation will soon be introduced to do just that.

During the last ten years, historical racing has helped our equine industry grow and become the very best version of itself. By taking action to protect the future of historical horse racing, our legislators are protecting critical jobs, state revenue and economic development—all of which greatly benefit their constituents and their communities. Now is not the time to dismantle the vital industries that have continued to generate revenue and sustain jobs in Kentucky during the pandemic. Without historical horse racing, our industry will suffer, as will the people who call Kentucky home.

Our efforts to keep historical horse racing in Kentucky are just that. This is not about expanding gaming or allowing any new form of gaming in the state. It's about maintaining the status quo, protecting businesses that are already and have been operating for years and ensuring that one of our most impactful industries—one synonymous with Kentucky—can continue investing in our communities and moving Kentucky's economy forward.

ABOUT KEEP
The Kentucky Equine Education Project, Kentucky's equine economic advocate, is a not-for-profit grassroots organization created in 2004 to preserve, promote and protect Kentucky's signature multi-breed horse industry. KEEP is committed to ensuring Kentucky remains the horse capital of the world, including educating Kentuckians and elected officials of the importance of the horse industry to the state. KEEP was the driving force in the establishment of the Kentucky Breeders Incentive Fund, which has paid out more than $177 million to Kentucky breeders since its inception in 2006, and pari-mutuel wagering on historical horse racing, which has been responsible for more than $50 million to purses and more than $24 million to the Kentucky Thoroughbred Development Fund.

KEEP works to strengthen the horse economy in Kentucky through our statewide network of citizen advocates. To learn more about how you can become a member or support our work, please visit www.horseswork.com.

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