Kentucky’s pseudo-slot machines are under threat after a court ruled that they don’t fit within the state’s pari-mutuel wagering definition.

On Thursday, the Kentucky Supreme Court unanimously declared that some ‘historical racing’ (alternately known as ‘instant racing’) machines currently operating in the state do not constitute pari-mutuel wagering as defined by the Kentucky Horse Racing Commission (KHRC).

Specifically, the Court found that the Encore system (formerly known as Exacta) “does not create a wagering pool among patrons such that they are wagering among themselves as required for pari-mutuel wagering.” Bettors are also not betting on the same event in the same race.

The machines feature virtual replays of real-world races with all the identifying information stripped out, making wagering on the outcome essentially the same as betting on a random number generator (RNG) slot machine.