KENTUCKY DIVISION, HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., et al., Plaintiffs,
v.
TURFWAY PARK RACING, et al., Defendants.
United States District Court, E.D. Kentucky, Covington Division.https://leagle.com/images/logo.png
September 20, 1993.
September 20, 1993.
Attorney(s) appearing for the Case
Douglas L. McSwain, Sturgill, Turner & Truitt, Lexington, KY, for Kentucky Div., Horsemen's Benevolent & Protective Ass'n, Inc.
William M. Lear, Jr., Stoll, Keenon & Park, Lexington, KY, for Kentucky Thoroughbred Ass'n, Inc.
Charles Deters, Thomas Bosse, Deters, Benzinger & Lavelle, Covington, KY, for Turfway Park Racing Ass'n, Inc.
Charles Deters, Thomas Bosse, Deters, Benzinger & Lavelle, Covington, KY, for Martin F. Maline, Peter G. Salmen, Jr., A. Gary Lavin, Jr., Donald Johnson, Melvyn Bowman, Harry Benson, and Other Unknown Officers, Directors, Employees, and Members of Kentucky Thoroughbred Association, Inc., Horsemen's Benevolent Protective Ass'n, Inc., and Kentucky, California, Florida, and Unknown Divisions of Horsemen's Benevolent and Protective Ass'n, Inc.
United States District Court, E.D. Kentucky, Covington Division.
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...
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