Arkansas attorney general begs off on legality of Instant Racing

David A. Lieb

Tuesday, March 7, 2000 | 9:44 a.m.

LITTLE ROCK - The legality of new casino-style betting machines at horse and dog tracks in Arkansas will have to be resolved in court, the attorney general said today.

Attorney General Mark Pryor, asked to issue an opinion on the Instant Racing machines, said a determination of the machines' legality depends on factual issues that would need to be decided by a judge.

Pryor's opinion today said he cannot determine whether the machines qualify as pari-mutuel betting, which is legal in Arkansas, or as a lottery, which is illegal.

"The ultimate determination of the question must be resolved with the exacting scrutiny and analysis that only an adversary judicial proceeding can provide," Pryor said in an opinion prepared by his senior assistant, Elena Wills.

Attorney general opinions do not carry the force of law but only offer advice on legal issues.

The state Racing Commission had asked Pryor's office about the Instant Racing machines, which were introduced earlier this year at Oaklawn Park in Hot Springs and Southland Greyhound Park in West Memphis.

The stand-alone machines involve pari-mutuel wagering on previous races and have proven popular.

The Racing Commission said it believes the machines are legal and would like to draft rules about them.

The Instant Racing machines have the look and sound of casino slot machines. But instead of betting on numbers or objects to line up in row, Instant Racing players pick the winners of previously run thoroughbred or greyhound races.

Customers can use a variety of handicapping graphics to select three horses or dogs in order or can have the computer select three. Each player automatically competes in seven betting pools.

A patron can play for as little as a quarter and as much as $2.

Larry Page, executive director of the Arkansas Faith and Ethics Council, has said the devices are just slot machines in disguise. Slot machines are illegal in Arkansas.

"We're disappointed (Pryor) didn't see the issue the way we did," Page said this morning. "I am pleased he didn't succumb to the enormous pressure brought to bear when Oaklawn Park is involved."

Terry Wallace, director of media relations for Oaklawn, said he found no surprises in Pryor's opinion.

"We pretty much agree with what the attorney general said in terms of what is the law," Wallace said. "Instant Racing was designed to address those issues."

Wallace said track officials were confident they could prove Instant Racing met the fact standards Pryor cited.

"I think the major questions are, as we read them, that it's parimutuel, that it deals with racing, that there is some skill involved, and that it's not a lottery," Wallace said.