The Kentucky Family has filed an appeal over a circuit judge's ruling in October that historical racing machines are pari-mutuel and do not violate state gambling laws.
The Family Foundation has asked the long-running case to be transferred to Kentucky's Supreme Court.
The conservative group argues Judge Thomas Wingate's ruling is faulty in drawing the conclusion that Kentucky's pari-mutuel laws don't require bettors to wager on the same horse races.
“It is like saying the population of a city is showering together because the shower water winds up in the same sewer,” wrote Family Foundation attorney Stan Cave.
Judge Wingate's ruling applies only to historical racing machines at Ellis Park and Kentucky Downs but the case, which began in 2010, could have an impact on Louisville's new Derby City gaming facility, owned by Churchill Downs.
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