In response, the legislature, ignoring the Court’s criteria for what constitutes pari-mutuel wagering, simply adopted a new statutory definition for pari-mutuel wagering, one not shared by anyone outside Kentucky, to allow for the powerful horse industry to continue to exclusively run their slot-like gaming systems. In fact, in 2020, the Supreme Court of Kentucky ruled these HHR machines are illegal and do not qualify as pari-mutuel wagering-the cornerstone of what is required for horse racing wagering to be considered legal under Kentucky statutes. These HHR machines resemble the classic “slot machines” that are found in a typical Las Vegas casino with flashing lights, action-themed games, and instant-type betting -the very type of casino-like gaming of chance that is illegal in Kentucky. While these gambling laws of Kentucky have been explicitly clear, the lines have been blurred recently due to horse racing tracks introducing the Historical Horse Racing Machines (HHR machines) beginning in 2011. With that said, horse racing wagering is the only type of gambling that is legal in the state of Kentucky (excluding charitable gaming and the state lottery) and is regulated by section 528 of the Kentucky statutes and the Kentucky Horse Racing Commission (KHRC). Wagering is the main appeal for horse racing fans, and it is what has kept the sport alive in an age where professional team sports dominate the sporting industry.

The overall economic impact the industry has on Kentucky is extensive, accounting for thousands of jobs and millions in revenue, with wagering revenue accounting for a substantial amount. Patrons pick horses for a multitude of reasons, such as recent horse performance, favorite trainer or jockey, or their favorite color worn by the horse and jockey.

Fans flock to the betting windows at Churchill Downs, Keeneland, and Red Mile to bet on the races they are spectating, or even other races at different tracks through simulcasting. Along with “bourbon” and “fried chicken,” Kentucky is interconnected with the horse racing industry and is commonly known as the “Horse Capital of the World.” Gambling has always been an integral part of horse racing in Kentucky ever since tracks began to open in 1875. If you ask the average American what Kentucky is known for, the words “horse racing” are a likely answer to follow. Download a PDF Below: NOT SO LUCKY IN KENTUCKY: CONSTITUTIONALITY OF KENTUCKY’S SLOT MACHINES

Slot machine law by state