10/06/2011 1:47PM

Kentucky Downs gambling machines ruled OK by court

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A Kentucky judge has denied a request for injunction sought by a conservative group to stop betting on gambling devices at Kentucky Downs.

The Kentucky Court of Appeals denied the injunction on Wednesday, writing that “it cannot agree that the injury is irreparable or one that could not be rectified through the current litigation.”

The Family Foundation, a conservative organization, filed the request for injunction in early September, three days after Kentucky Downs began taking wagers on gambling devices that use previously run races to generate payouts. The Family Foundation argued that the devices were unconstitutional in Kentucky, where gambling on anything but horse races and the lottery is prohibited.

The Family Foundation has also appealed a ruling last year by the Franklin Circuit Court that concluded that the Kentucky Horse Racing Commission acted within its authority in approving rules allowing for the devices. A ruling in the appeal is pending.

Kentucky Downs is the only racetrack in Kentucky that has applied for a license to operate the devices, though Ellis Park in Henderson and the Red Mile, a harness track in Lexington, have stated that they are considering applying for licenses.