The Kentucky Supreme Court heard arguments on the legality of instant racing Wednesday.
Instant racing is a slot machine-type game that lets people bet on previously-run races.
Representatives for the racetracks argued that the decision made in 2010 by the Racing Commission to allow it is the correct one.
The Family Foundation of Kentucky disagrees, instead calling it "expanded gambling."
"It's basically slot machines, cuz that's what these things are, you can look at them and there's a little two by two screen that shows a video horse race...but everything else is a slot machine," said Martin Cothran, Senior Policy Analyst for The Family Foundation of Kentucky.
"It's not the equivalent of slots and it's not the equivalent of casinos in other states. The racing commission is doing the best that it can to promote and protect our signature industry," said Bill Lear, counsel for Turfway Park and Bluegrass Downs.
The supreme court will make the decision of its legality. There's no word yet on when that will be.