The Kentucky Supreme Court will wait to hear a case testing the legality of Instant Racing.
In December, Franklin Circuit Judge Thomas Wingate ruled the state can regulate Instant Racing, or electronic wagering on previously-run horse races.
The Family Foundation, which opposes expansion of gambling in Kentucky, appealed the decision directly to the state Supreme Court.
But the high court, which is refusing direct transfer, wants the case heard first by the state Court of Appeals.
Kentucky’s eight horse tracks hope to use proceeds from Instant Racing to boost race day purses.