Last year a door opened for the pari-mutuel industry, leading to an 
opportunity for racetracks to expand their gaming options and 
potentially boost revenue and purses.
But too few have even bothered to look through the door, let alone pass through.
That
 doorway leads to Internet gambling, and, in at least one gaming 
executive’s opinion, racing is quickly losing ground because of 
inaction.
 “Rather than embracing the gaming marketing, the 
racing industry has been hermetically sealed,” Joe Brennan Jr. said 
during the recent International Simulcast Conference in Clearwater 
Beach, Fla. Brennan is head of the Interactive Media Entertainment and 
Gaming Association. “In Europe there is no such thing as just a horse 
racing website. Half of the (racing) industry is trying to be 
protectionist, and half of it is trying to find solutions to get into 
this game.”
Brennan later said: “I’ve asked this question many 
times. Why aren’t you leading this? What are you waiting for? You’re 
late because you’ve allowed yourself to be late.”
The questions could pertain to many aspects of horse racing. But Brennan was addressing Internet gambling, now called I-gaming.
The
 door opened when the U.S. Department of Justice issued an opinion that 
the federal Wire Act pertains only to wagering on sporting events, 
meaning online bets on lotteries and casino games, for instance, are 
fair game.
A revision to the Interstate Horseracing Act of 1978 
gave horse racing—a sporting event—exclusive rights to interstate online
 wagering. Because of that, Brennan said racing has an advantage in the 
online gambling market.
There has been movement on Internet 
gambling legislation, but it has been intrastate, meaning bets must be 
made within the state in which it is legal. Those include Nevada, 
Delaware, and New Jersey.
Internet gambling is a perfect example 
of states’ rights versus federal oversight. States control gambling, but
 wagering across state lines (interstate) lies with the federal 
government.
As Brennan noted at the conference, New Jersey Gov. 
Chris Christie believes only the Atlantic City casinos, not the state’s 
racetracks, should benefit from I-gaming. Delaware is a different story.
The
 Delaware Gaming Competitiveness Act of 2012 authorizes the state’s 
three racetrack casinos to offer intrastate I-gaming. The law actually 
states one of its purposes is to “provide further support to Delaware’s 
harness and Thoroughbred horse racing industries by expanding the gaming
 offerings benefitting video lottery licensees and the horsemen who race
 there.”
Delaware is far from perfect, but no state has respected
 more the original intent of its law authorizing racetrack video lottery
 terminals: The bill was passed to protect horse racing and its 
agriculture-related economic benefits.
Delaware horsemen get a 
cut of the revenue from VLTs, casino table games, and limited parlay 
sports betting on professional football, which was expanded to 
non-racetrack facilities this year. Though not stated in the most recent
 gambling expansion law, they also get 4.5% of I-gaming revenue, 
whenever it materializes.
Horsemen’s groups are working with the 
administration of Gov. Jack Markell to increase that percentage should 
I-gaming generate more revenue than projected. With a population of 
under one million, it would appear intrastate I-gaming won’t be a 
windfall unless people drive to the state specifically to place bets via
 their computers.
What Delaware did, however, is put itself in a position to benefit greatly should I-gaming become interstate in nature.
What does that mean for horse racing? That’s hard to say, given racing’s track record.
Anyone
 who frequents racetrack casinos knows the deal: There may be 5,000 
people in the casino and 250 betting on live horse racing and 
simulcasts. If betting on horse races and casino games were offered on 
the same website, would the same thing occur?
Would wagering on 
racing be marketed as well as wagering on blackjack or video slots? That
 hasn’t been the case at many brick-and-mortar facilities.
Also 
disturbing is the fact that advance deposit wagering was hailed as the 
primary vehicle to attract new customers to horse racing. The percentage
 of ADW pari-mutuel handle has grown—but total handle has declined in 
recent years. ADW is a good thing, but it’s clearly not the savior.
So
 horse racing is faced with a choice: It can use its current interstate 
online wagering exclusivity to its advantage—assuming racetrack 
companies have their hearts in the right place—or crawl into a hole and 
be reactionary.
Brennan’s questions are legitimate, but they beg even more questions.
Does horse racing have a plan for I-gaming? If so, how does racing fit in?
Revenue
 from slots, table games, and non-racing sources should be a bonus, not a
 subsidy. The ultimate objective should be growing pari-mutuel handle 
through multiple sources.