James v. Churchill Downs, Inc.

GUDGEL, Judge.

This is an appeal from a summary judgment granted by the Jefferson Circuit Court. The court adjudged that appellee, Churchill Downs, Inc., possessed, and validly exercised a common law right to exclude appellants from its racetrack on the basis that they are undesirable patrons. Appellants’ principal contention is that the legislature abrogated appellee’s common law right of exclusion when it vested the Kentucky State Racing Commission with the same right by enacting KRS 230.215 and KRS 230.260. We disagree with this contention and affirm.

Appellants filed this action after they…