Family Foundation granted intervention in expanded gambling case

For Immediate Release
September 1, 2010

LEXINGTON, KY—An effort by Kentucky horse racing tracks to convince a judge to give them the okay to expand gambling by bringing slot-like "Instant Racing" machines to their tracks got a little more complicated today when The Family Foundation succeeded in entering the case. "This will give us a chance to make sure that both sides are presented in this case," said Martin Cothran, spokesman for The Foundation, of the judge's decision.

Franklin Circuit Court Judge Thomas Wingate made the ruling after listening to the arguments of The Family Foundation's attorney, Stan Cave, who faced a seeming army of lawyers representing various horse racing tracks and several state agencies, all of whom are trying to convince the court to give them his stamp of approval to expand gambling through Instant Racing. Cave convinced the judge to go ahead with his order to allow the intervention.

One of the points of contention was whether The Family Foundation would be allowed to engage in a legal process called "discovery," which would allow The Family Foundation to review documents from and to ask questions of those advocating Instant Racing. Attorneys for the state and the race tracks opposed allowing The Family Foundation to do that. Cave responded by pointing out that The Family Foundation had a right under the law to conduct pre-trial discovery from the proponents of Instant Racing and, to deprive it of that right, was to “tie its hands,” putting it at a disadvantage in the case.

"The horse tracks and the state are opposed to the discovery process," said Cothran, "which makes us wonder what they don't want discovered."

The family advocacy group had maintained that Instant Racing advocates were trying to use the court for political purposes and that the case was one-sided, since the only party was the race tracks. "The advocates of expanded gambling were the only horse in the race," said Cothran. "We consider it an important victory to have been allowed to intervene."

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