The Louisiana Supreme Court ruled Act 437, a law allowing for historical horse racing machines without a public referendum, unconstitutional. Justice Jeanette Theriot Knoll stated that the law violated the Louisiana constitution by allowing HHR before a majority vote in any parish. The law allowed tracks to operate up to five sites each with historical horse racing, which uses data from previous races to determine winners.
Plaintiffs in the lawsuit argued that HHR is a new form of gaming under Louisiana law and therefore required voter approval before being implemented. The defendants, Fair Grounds and Louisiana Downs, contended that HHR did not require a vote under the constitutional provision as pari-mutuel wagering on horse racing existed before the provision was added in 1996. The trial court granted summary judgment to the plaintiffs in March 2024, declaring Act 437 unconstitutional.
Justice Knoll’s opinion stated that HHR is indeed a new form of gambling not authorized in Louisiana before October 15, 1996, when the constitutional amendment requiring a referendum for new forms of gaming was passed. She noted that the first patent applications for HHR were in 1998, after the constitutional amendment. Therefore, the Louisiana constitution requires voter approval before historical horse racing can be offered in any parish.
