In Nebraska, Lancaster County District Judge Andrew Jacobsen has issued a temporary injunction delaying installing historical horseracing machines at Fonner Park racetrack in Grand Island. Nebraska Attorney General Doug Peterson had filed a lawsuit seeking to declare the machines illegal. The state’s lawsuit alleges the racing commission approved historical horseracing machines even after state lawyers advised the commission that the machines violate state law and the Nebraska constitution’s prohibition of casino gambling.
In 2019, the Nebraska Racing Commission voted 3-2 to approve installing the machines at the racetrack. Peterson stated, “The commission’s vote allowing the machines was a unilateral decision to expand gambling without action by the legislature or the citizens of Nebraska. It is concerning that three members of this commission felt they could ignore the law at the request of one industry. Because of their actions, the commission has incurred the expenses of hiring outside counsel. That is a cost to the state that could have easily and properly been avoided.”
“So now it’s on to a higher court with an appeal,” said Fonner Park CEO Chris Kotulak. “And more waste of taxpayer money.”
Kotulak said the track will obey the court’s decision and not install the machines. He noted that in Kentucky, Oregon and Wyoming, where the legality of historical horseracing machines was fought in court, ultimately they have been declared legal and allowed.
The Nebraska legislature approved historical horseracing machines in 2012, but then-Governor Dave Heineman declared the games were unconstitutional and vetoed the legislation. In 2014, a statewide voter referendum was held but the state Supreme Court ruled the ballot issue was improperly worded. The racing commission approved the machines in 2018, and then again in 2019.
Kotulak said Nebraskans want the option to enjoy historical horseracing machines. “Hundreds of thousands leave Nebraska to play outside the state. This isn’t just a horseracing thing, it’s a Nebraska thing, where Nebraskans are being told what they should and shouldn’t do,” he said.
