The Family Foundation of Kentucky will be allowed to intervene in a friendly lawsuit testing the legality of Instant Racing at horse tracks. Martin Cothran of the foundation praises the ruling by Franklin Circuit Judge Thomas Wingate, which allows the group to challenge what it believes is an unconstitutional form of casino gambling.“If you look at the common definitions of pari-mutuel racing, which are used all across this country, they involve certain pools and the bettors having a role in setting odds. And there’s all kinds of questions like that which bear on whether or not Instant Racing is really pari-mutuel wagering, which is really the central issue of this case,” he said.Regulations allowing Instant Racing were unanimously approved by the Kentucky Horse Racing Commission, but public hearings on the regulations are still pending. Instant Racing involves electronic wagering on historic horse races.