Instant Racing Article 3-2012

March 2012

Cave to give oral argument before Appeals Court

“Instant Racing” case arguments to be made April 25.  Decision of the court will have major ramifications on gambling and government.

201203 KDenied discovery, confronted with irregular court motions and regulatory decisions, and pitted against 13 other attorneys, Stan Cave has his work cut out for him before the Court of Appeals three-judge panel on April 25 in Frankfort.  But he has created quite a record that he believes will ultimately carry the day as this 20-month-old “Instant Racing” case moves through the court system.

“If the rule of law still applies in Kentucky, then I am confident we will prevail when all is said and done,” said Cave, attorney for The Family Foundation.

Cave served as a state representative for eight years, argued as an attorney before the Kentucky Court of Appeals and the Kentucky Supreme Court and has served in the highest levels in the Executive Branch.  He understands as well as anyone the ebb and flow of government in this Commonwealth.

The race tracks and the gambling interests are powerful. Their influence caused a Department, a Commission and two Cabinets of the State Government to join with eight race tracks and gambling interests to an unprecedented “judicial expansion” of gambling when their efforts in the legislature failed. The law was unchanged. Only the venue is different. Assuming Kentucky remains a government of laws and not of power and influence, Instant Racing should soon become a memory.

Cave has argued that “Instant Racing” is not “live racing” or “pari-mutuel wagering” as are statutorily required. He has also argued that the process by which “Instant Racing” was approved by the Racing Commission was highly irregular.

Perhaps the most profound twist and damaging fallout if this case is misjudged concerns the balance of powers of Kentucky government.  Will one judge be empowered to legislate by adjudging that words have meanings opposite of what they say?  A dangerous thought indeed.


P.O. Box 911111 Lexington, KY 40591 859-255-5400