Court Leaves Dog-Racing Ban Up To Mass. Voters

BOSTON (CN) - A petition to outlaw pari-mutuel dog racing in Massachusetts should go before the voters, the Massachusetts Court of Appeals ruled.

Judge Botsford ruled that the Suffolk County Court had improperly reversed the attorney general's approval of a ballot initiative petition to outlaw dog racing.

The plaintiffs, who are seeking to continue racing at two Massachusetts tracks, argued that dog racing is a local matter that would not apply to the ballot initiative process. Botsford disagreed.

"Pari-mutuel dog racing constitutes a matter of statewide concern," Botsford wrote, "and we do not question the power of the legislature and the people through the initiative process to abolish animal racing involving betting or wagering.

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