Santa Anita Park has escalated its legal battle over the confiscation of 26 Racing on Demand betting machines by filing a 52-page writ of mandate against the California Department of Justice (DOJ). The track argues that the machines, which allow wagering on concluded races through a 3X3 bet format, are legal pari-mutuel wagers and that both the DOJ and California Horse Racing Board (CHRB) had ample opportunity to clarify their legality but failed to do so. The suit also challenges the seizure process, claiming it was done without a warrant or warning, and seeks the return of the machines and the money inside them. The state plans to destroy the machines within 30 days unless legal remedies prevent it.

The dispute centers on whether the 3X3 wager is permitted on concluded races, with the CHRB previously approving the bet for live races but not explicitly for concluded ones. The track contends that the CHRB and DOJ were aware of and engaged in multiple meetings about the machines, contradicting the CHRB’s public claim of being unaware when the machines went live. Opposition primarily comes from California Tribal Nations, who view the machines as slot-like gambling devices infringing on their jurisdiction. Santa Anita and other tracks argue these machines are crucial for supplementing purse income, which is vital for maintaining competitive racing in California, a state that lacks casino revenue support unlike other racing states.