The Nebraska Attorney General's Office went to court Wednesday, asking a judge to nullify the State Racing Commission's decision to allow historical horse racing at Fonner Park in Grand Island.
The move isn't altogether unexpected, considering the office sent a letter to the racing commission in November 2018 advising members they didn't have legal authority to approve wagering on previously run races using historical horse racing machines.
"The commission nevertheless proceeded to approve use of such machines contrary to Nebraska statutes and the Nebraska Constitution," said Suzanne Gage, director of communications for the Attorney General's office.
She said they are asking the court to declare the commission’s action unlawful and to stop the use of the machines "as Nebraska law does not permit the commission’s unilateral decision to expand gambling without action by the Legislature or the citizens of Nebraska."
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It's the second lawsuit to be filed in Lancaster County District Court seeking court review of the commission's final order last month approving the new, controversial form of wagering and machines for Fonner Park.
Earlier this month, two Hall County residents — Duane Fuller of Grand Island and Jeffery Hayman of Doniphan — sued to block the order from going into effect, alleging it was unconstitutional.Â
Historical horse racing terminals allow a bettor to make wagers on unidentified horses in previously run races from across the U.S., officials with AmTote International said.Â
The terminals, which look like slot machines and operate in Kentucky, Wyoming, Oregon and Alabama, are seen by proponents as a way to draw more people to the tracks and keep the struggling horse racing industry viable after decades of decline in Nebraska.
Fonner Park has said it plans to install the terminals so they're operational Feb. 21, when the track opens its annual live racing meet.