The Kentucky Supreme court ruled unanimously Thursday that certain historical slot-like horse racing games are illegal.

The lawsuit against Kentucky Horse Racing Commission challenged whether certain historical horse racing games popular in Kentucky fall under the definition of a “pari-mutuel system of wagering.” Since gambling is illegal in the state, only pari-mutuel systems of wagering similar to live horse racing where patrons bet against themselves instead of against the house like at a casino, are permitted. The two essential elements recognized by the court for a parti-mutuel system of wagering is that patrons are not wagering among themselves, and amounts wagered are placed in one or more designated wagering pools. Since patrons are all wagering on something different, the court ultimately found that slot-like horse racing machines do not fall under this definition.

The opinion concludes with a proposition where if the definition of pari-mutual systems of wagering should be changed, then “that change must be made by the people of this Commonwealth through their duly-elected legislators, not by an appointed administrative body and not by the judiciary.”

As a major source of funding for Kentucky, it is unclear how the decision will impact the resources for the state.