Court Order Allows TwinSpires to Remain Online in Michigan

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If you play on TwinSpires from Michigan, you're in luck as the website will no longer be required to exit the state....at least for the time being.

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The Western Michigan District Court has granted a preliminary injunction that will allow Churchill Downs to continue offering its advance deposit wagering (ADW) app to customers in Michigan.

Churchill Downs sued the Michigan Gaming Control Board (MGCB) after it issued a summary suspension order for its TwinSpires brand.

Churchill Downs filed their suit in the U.S. District Court for the Western District of Michigan and is sought declaratory and injunctive relief following the MGCB’s recent decision to issue TwinSpires a summary suspension after the horse racing brand failed to comply with a cease and desist letter sent in December 2024.

The MGCB sent the letter to Churchill Downs detailing how TwinSpires is violating Michigan gaming laws by offering advance deposit wagering.

Michigan pulled the plug on Advance Deposit Wagering effective January 1, 2025.

The decision to eliminate Advance Deposit Wagering was made as a result of there being no live racing in the state.

ADW reached out to all account holders on January 1.

The Judge agreed TwinSpires going offline in MI would cause harm.

District Court Judge Hala Jarbou sided with Churchill Downs, granting the injunction to keep them operational in Michigan as the case proceeds.

Jarbou concluded that TwinSpires had a more than reasonable chance of succeeding given the merits of the suit.

“The Executive Director’s continued public allegations and attempts to sanction TwinSpires will only exacerbate these harms. TwinSpires has demonstrated certain and immediate irreparable harm; a preliminary injunction is warranted to prevent further harm,” she concluded.

Jessica Wellman of SBC writes:

The heart of the legal argument is whether Michigan’s state laws around horse racing or the federal Interstate Horseracing Act (IHA) determine the legality of TwinSpires in the state. In her ruling, Jarbou said the IHA preempted Michigan law, particularly because Michigan gaming law specifically focuses on the accepting of wagers, not the placing of wagers. Since the wagers are being accepted out of state and the placement of the wager isn’t governed by law, she did not agree with the MGCB’s assertion they had jurisdiction.

She also said IHA preempted Michigan laws because the law is intended to regulate interstate commerce, which is something the Constitution explicitly delegates to the federal government, not states.

The Michigan Gaming Control Board (MGCB) has also been aggressive in sending out cease and desist letters to offshore gambling sites and sweepstakes casinos over the last year.

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