Kentucky Division, Horsemen's Benevolent & Protective Ass'n v. Turfway Park Racing

OPINION AND ORDER

BERTELSMAN, Chief Judge.

I. Introduction

This action involves constitutional and interpretational challenges to the Interstate Horseracing Act (“IHA” or “the Act”). 1 For the reasons set forth below, the court holds that the Act is an invalid restriction on commercial speech in violation of the First Amendment, as well as a fatally vague and irrational statute in violation of substantive due process. Accordingly, partial summary judgment is entered in favor of defendants that the Act is unconstitutional.

II. Factual Background

Defendant, Turfway Park Racing Association, Inc.…