Suit seeks shut down of Instant Racing in Arkansas

Thursday, April 13, 2000 | 10:02 a.m.

The suit filed by Portland Police Chief Lavan Lawson claims the machines amount to a form of gambling outlawed under the state constitution, and aren't the pari-mutuel betting claimed by track officials and allowed by state law.

"These machines are nothing but slot machines," said Thomas Thrash of Little Rock, a lawyer for Lawson. "That's all they are. It's not pari-mutuel betting and it's not horse racing. The results are determined solely by chance."

Eric Jackson, general manager of the Hot Springs track, denied the claims.

"He is incorrect," Jackson said. "We feel confident that the issues surrounding this lawsuit will be resolved to the benefit of Instant Racing."

The suit was filed Friday in Ashley County Chancery Court.

The game was introduced at the tracks this year.

Southland officials said they were unaware of the suit.

Jackson said recently that he anticipated a challenge in Arkansas or some other state. He compared it to challenging a baker over the ingredients in his cake.

"We know what's in there. It's pari-mutuel and it's racing," Jackson said.

Instant Racing allows people to play a game and bet on replays of races at video terminals. At Oaklawn, the terminals feature horse races. At Southland, the machines show both dog and horse races.

Arkansas law bans slot machines but allows pari-mutuel wagering, which pits bettors against each other with the track keeping a percentage of the pot before payoffs are allocated to the winners.

In January, the state Racing Commission approved the format. Last month, state Attorney General Mark Pryor said he couldn't arrive at an opinion on the legality of Instant Racing. He said the courts would have to decide the issue.

Besides shutting down the games, Lawson's suit seeks also to force the tracks to give the state the money made from Instant Racing.

The suit contends the tracks are trying "to circumvent Arkansas law by developing video gambling machines that were falsely represented to be pari-mutuel betting on horse and dog racing."

The machines are intended to compete with gambling offered at casinos, mimic slot machines in appearance, attract new gamblers who aren't interested in pari-mutuel wagering and "conceal the fact that betting outcome is determined by chance," the suit says.

The suit alleges that Oaklawn and Southland committed fraud, violated the Arkansas Deceptive Trade Practices Act, and violated the state constitution.