why is the popularity of night racing at Churchill some big surprise?

From horse expert Jenny Rees in the C-J...

Seems like a no-brainer: people would rather come out on an evening than on a weekday!

But notice the little phrase below: "If more night racing is approved". Is the approval corporate or legal? If the latter, by which level of government: a state or local decision? (I have an email into Jenny to seek clarification. (UPDATE: Jenny emailed back to say "approval has to come from the board of directors. I assume the Kentucky Horse Racing Commission would have to approve post times (as they did for the three day experiment). But that's an automatic.")

Is this a lack of business acumen or one more example where over-looked regulations cause a lot of trouble for economic activity?

Capped by 33,481 who showed up Thursday, attendance for Churchill Downs' three night-racing cards was up 318 percent over the corresponding 2008 dates while on-track betting was up 151 percent, according to statistics the track provided The Courier-Journal.

Churchill had anticipated a tailing-off for the last two cards, given the historical significance of the June 19 kickoff as the first racing under lights at the 135-year-old track. Instead, Thursday's crowd surpassed the inaugural night by 5,470 people, achieving what is believed to be the largest Downs crowd ever outside the Kentucky Derby, Oaks and Breeders' Cup....

Because numbers have to be crunched more extensively, fan input measured and plans presented for corporate board approval, Carstanjen and general manager Jim Gates aren't sure if night racing will become a permanent fixture....If more night racing is approved, it's not expected to be several times a week, as management strives to keep the idea exciting....