The Kentucky Supreme Court has upheld the state's authority to regulate betting on older, recorded horse races.
But the justices on Thursday sidestepped the issue of whether the game — known as Instant Racing — violates gambling prohibitions in state law.
Justice Daniel Venters, writing for the court, said there wasn't enough information in the court record to determine if Instant Racing qualifies as a horse race or illegal gambling. The justices sent that issue back to Franklin Circuit Court.
Instant Racing is a game where people can bet on the outcome of an older horse race without knowing which contest is involved.
The Family Foundation of Kentucky contested the legality of the game.