Las Vegas Sun

March 18, 2024

Industry fears effect of anti-smoking efforts

A host of gaming experts warned casino bosses this week that their industry is coming under attack by a well-organized and well-funded group of anti-smoking activists that aim to ban smoking in casinos.

The lobbying effort coincides with a major public policy trend to outlaw smoking in public places in many states and cities, they said.

Those bans could lead to lost jobs and revenue as smokers go elsewhere to gamble, shop or otherwise spend money, they said.

At the Global Gaming Expo this week, industry representatives said many casinos also aren't aware of proposed changes to air-quality standards that could end up effectively banning smoking in casinos by requiring expensive makeovers to existing buildings designed to accommodate smokers.

One industry representative said he believes that smoke-free casinos are inevitable and that casinos should consider transitioning their properties to become smokeless over time.

"I don't think it can be stopped," said James Butler, general counsel for Argosy Gaming Corp. "They don't want a partial ban, they want a total ban," he said of the anti-smoking groups.

Butler suggested that casinos could sell nicotine patches and gum instead of cigarettes and could also start sponsoring smoking cessation programs.

Casinos should also get involved in the anti-smoking debate by monitoring local, state and federal legislation concerning smoking and involving employees and customers in the discussion, he said.

Butler also proposed that the casino industry sponsor a multi-day summit to discuss smoking issues and develop an industry-wide code of conduct similar to what the American Gaming Association created to address problems with compulsive gamblers.

Groups opposed to gambling are aligning with anti-smoking advocates to make themselves heard, he said.

The casino industry has grappled with the smoking and ventilation issues for years. Anti-smoking groups claim smoking bans haven't hurt business and that ventilation systems in casinos and other businesses don't remove cancer-causing smoke from the air. But casinos point to a decline in revenue at Delaware casinos since a smoking ban took effect in 2002, saying a ban could drive business to tribal casinos or other casinos in nearby states that allow smoking.

The American Society of Heating, Refrigerating and Air Conditioning Engineers is an international volunteer organization that creates ventilation standards that are often adopted into local building codes. ASHRAE, as the group is known, has amended ventilation rules to prevent buildings from recirculating smokers' air into non-smoking areas. The rules would effectively require separate ventilation systems for smoking and non-smoking areas, said Elia Sterling, a hospitality industry consultant based in Vancouver, British Columbia.

They rules also call for spaces that contain trace amounts of smoke to post public signs saying they are smoking areas. Entire casinos could be labeled smoking areas to meet the requirements, though an amendment is pending that would change that, Sterling said.

Sterling chairs a new subcommittee of ASHRAE that was created to address the concerns of the hospitality industry, including casinos.

While the newest resorts in Las Vegas may already be in compliance with the ASHRAE rules, many other casinos nationwide may not, experts say. Casinos could opt to go smokeless rather than to refurbish their buildings at great cost, they said.

Some local communities don't necessarily adopt ASHRAE standards into their building codes, which would then apply to new construction or remodeling projects. But casino officials fear that the standards, which aren't enforceable by law, could still become a nationwide model that could be used in lawsuits filed by customers or casino workers against casinos.

Boyd Gaming Corp. won a workers' compensation case based on the fact that an employee's job application disclosed that the worker would be subjected to tobacco smoke, said Ray Murphy, facilities director for the Stardust hotel and casino.

The case law on second-hand smoke has yet to be tested, experts said.

"All we need is to lose one case and it could hurt all of us," Butler said.

Anti-smoking advocates hope to use the ASHRAE standards to pressure casinos to go non-smoking, he said.

Sterling said some members are funded by state money that goes to tobacco prevention programs.

Sterling's company has conducted studies showing that certain ventilation systems in hotels, bars and other places can effectively remove smoke and other particles from the air.

A recent study of the air quality inside the Bellagio resort claims that casino workers at the property breathed the equivalent of smoking one or two cigarettes a year. In other words, the casino's air was better than outside air that's filled with car fumes and other particulates, he said.

The particles measured inside the casino were similar to the levels found in nonsmoking areas of other public buildings in Toronto, for example, he added.

Sterling said casinos could maintain similar results by simply cleaning and maintaining their ventilation systems. He also said casinos can show their air is clean by conducting their own studies.

Last month a member of ASHRAE released another controversial study on ventilation that found very different results.

James Repace, a visiting professor at Tufts University's School of Medicine, found that the level of cancer-causing particles is much higher in the air of smoke-filled bars and casinos than on city streets.

The study focused on the air quality in several businesses before and after Delaware's smoking ban went into effect. After the ban, the air quality inside the businesses was the same as levels measured outside, the study found.

In Nevada, an anti-smoking group has filed a petition to ban smoking in public areas frequented by children but maintains smoking areas in casinos. The gaming industry, which claims the petition could be used to ban smoking in hotel rooms, is supporting a second petition that further maintains smoking areas in some public areas with gaming such as supermarkets and convenience stores.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy