Michigan’s Sixth Circuit Court of Appeals has ruled TwinSpires can continue to take bets in the state despite an order by the Michigan Gaming Control Board to shut it down.

by Bob Duff

Thanks to Churchill Downs — or perhaps more precisely, the Churchill Downs legal team — Michiganders can continue to bet on horse racing.

The venerable icon of the sport of kings, Churchill Downs, may be old in stature, but it’s still got plenty of game. The Kentucky-based company has won yet another legal battle with the Michigan Gaming Control Board (MGCB) to keep its TwinSpires’ advance-deposit wagering (ADW) services operating in the Great Lakes State.

Michigan’s Sixth Circuit Court of Appeals upheld a lowercourt ruling that allowed the TwinSpires betting platform to continue operating in the state.

MGCB SOUGHT TO SHUT DOWN ADW ACROSS THE STATE

In December of 2024, the MGCB issued a cease-and-desist order to ADW sites operating in Michigan. The order stated that all ADW wagering in Michigan would be considered illegal as of January 1, 2025.

The MGCB, which licenses mobile horse racing betting apps across the state, indicated that Michigan law only permitted ADW sites to operate in the state in partnership with a racetrack that was offering live racing. Northville Downs, the last racetrack in the state, was no longer offering any live racing. The track halted live racing in February 2024.

Churchill Downs had been partnered with Northville Downs. Its Twin Spires operation received a cease-and-desist letter, as did other ADW sites such as DRW Bets, Xpressbet, TVG Network, and NYRA Bets. Each of the other ADW sites followed the letter’s demand and opted to cease operating in the state. 

However, Churchill Downs chose to defy the order, continuing to offer its Twin Spires services to Michigan bettors. The company filed suit in the U.S. District Court for the Western District of Michigan, seeking permission to continue to offer its services to horse bettors in the state.

On February 19, U.S. District Judge Hala Y. Jarbou granted a preliminary injunction in favor of TwinSpires. This ruling enabled the site to continue operating in the Michigan market.

DOES FEDERAL LAW TRUMP STATE LAW?

The legal issue in debate here involves a question of which law takes precedence. The MGCB cites the state’s 1995 Horse Racing Law. This law requires that ADW and simulcast operators all need to be partnered with a licensed racetrack in the state in order to be able to offer online wagering on horse racing.

Live harness racing was discontinued in the state when Northville Downs shuttered in early 2024. Michigan has been without live thoroughbred racing since 2018.

Churchill Downs countered by citing that Twin Spires and other ADW sites are covered by the federal Interstate Horseracing Act (IHA) of 1978. The company’s lawyers argued in its lawsuit that any in-state partner mandates are in violation of this law.

The lawsuit goes on to note that the US Congress enacted the IHA to “regulate interstate commerce with respect to wagering on horse racing, in order to further the horse racing and legal off-track betting industries in the United States.” It further went on to point out that the purpose of the Act is to ensure that states would continue to “cooperate with one another in the acceptance of legal interstate wagers.”

Churchill Downs lawyers also argue that the Michigan law is discriminatory against out-of-state operators and thus is in violation of the Interstate Commerce Clause of the US Constitution. 

“It is no different than if Michigan required any online retailer to partner with an in-state brick-and-mortar store before it could accept orders from individuals in Michigan,” the suit argues. “States cannot condition access to ‘local demand’ for interstate commerce on economic support for local businesses.”

IS A SOLUTION ON THE HORIZON?

It appears that live harness racing is going to once again become part of the Michigan horse-racing landscape.

After a failed bid to relocate to the Fowlerville Fairgrounds, Northville Downs now lists the Barry Expo Center in Hastings, MI, as its location. It was allotted 30 dates in 2025 for live standardbred racing at the Barry County Fair, along with a simulcasting permit. However, in March 2025, Northville Downs submitted a request to cancel 18 live race dates that were granted for April 29, 2025, through June 25, 2025.

The reason cited for the cancellation by Northville Downs was the reduction in revenue due to the loss of ADW. Northville officials indicated the ADW shutdown has caused a 75 per cent decline in revenue. The cancellation request was supported by the Michigan Harness Horsemen’s Association (MHHA) and approved by the executive director on March 24, 2025.

In May, Northville Downs requested to add eight race dates to its 2025 calendar. This request was approved. Northville Downs is scheduled to contest 20 days of live standardbred racing this year. Live racing began Aug. 12 and will continue through Oct. 15.

Will this be enough to permit ADW sites to be offered again in the state? That matter hasn’t been clarified by the MGCB.