The Flying Lark would be breaking the law with 'historic horse racing' machines, Oregon DOJ says

GRANTS PASS, Ore. – The state concluded The Flying Lark would be breaking the law if it provides “historic horse racing” machines.

Historic horse racing machines, or HHRs, allow a user to bet on the outcome of horse races that happened in the past. Once a “blind” bet is made, a race is randomly selected for the user to watch.

Last Year, Dutch Bros co-founder Travis Boersma’s TMB Racing Filed a lawsuit against the Oregon Racing Commission asking for the ORC to make a decision and approve its plans to have historic horse racing machines on-site at The Flying Lark in Grants Pass for people to bet on.

Ultimately, the ORC said it had to wait for an opinion from the Department of Justice which would decide if The Flying Lark application meets constitutional and other legal requirements.

The Flying Lark said the future of nearly 300 employees was hanging in the balance and actual horse racing could cease if the HHR machines were not approved

On February 11, the Oregon Department of Justice made a formal conclusion that if the machines were installed at The Flying Lark, it would constitute a prohibited casino. The DOJ also stated the HHRs are “prohibited lotteries if operated by an entity other than the State Lottery.”

You can read the DOJ’s opinion HERE.

Boersma issued the following statement:

I’m disappointed in the DOJ’s opinion regarding The Flying Lark. I firmly believe it willfully disregards the state’s laws, which were lobbied for and agreed upon by Oregon’s sovereign nations. I believe the Oregon Racing Commission is acting in good faith and the process will ultimately reveal The Flying Lark to be a legal venture that serves to improve Oregon’s economy. I remain committed to saving horse racing in Oregon, providing family wage jobs in southern Oregon and working closely with tribal leaders to ensure all Oregonians benefit from the opening of The Flying Lark. I’m disappointed in the DOJ’s opinion regarding The Flying Lark. I firmly believe it willfully disregards the state’s laws, which were lobbied for and agreed upon by Oregon’s sovereign nations. I believe the Oregon Racing Commission is acting in good faith and the process will ultimately reveal The Flying Lark to be a legal venture that serves to improve Oregon’s economy. I remain committed to saving horse racing in Oregon, providing family wage jobs in southern Oregon and working closely with tribal leaders to ensure all Oregonians benefit from the opening of The Flying Lark.