Kanawha casino wants exemption to smoking ban • West Virginia Watch

A Nitro casino wants an exemption to Kanawha County’s clean indoor air regulations to allow smoking in one area of the facility.

Mardi Gras Casino and Resort presented its designated smoking area proposal during last week’s meeting of the Kanawha-Charleston Board of Health. The board has not taken action on the request.

The casino wants to allow smoking in a closed off area of the casino that contains about 150 slot machines. The room would have a “high-quality” independent HVAC system to remove smoke from the area, the proposal says. 

Clean indoor air regulations vary by county in West Virginia. Kanawha County has banned smoking in most public places and places of employment since 2008. The law was amended in 2020 to prohibit indoor vaping, as well. The Wheeling-Ohio County Clean Indoor Air regulation, by contrast, exempts the Wheeling Island Hotel, Casino & Racetrack, which is owned by Delaware North, the parent company of Mardi Gras.

West Virginia has one of the highest smoking rates in the country, at 21% for adults, according to the American Lung Association. The state has among the highest rates in the country for cancer deaths. Many of the state’s other leading causes of death are also health conditions caused by smoking. 

According to the casino’s presentation, the facility’s new competitor, Sandy’s Racing & Gaming in Ashland, Kentucky has a designated smoking area with 190 slot machines. Casino officials say offering the smoking area would help Mardi Gras compete with other casinos in its regional market area.

In a statement Wednesday from Glen White, corporate spokesman for parent company Delaware North, the casino said it submitted its proposal for a designated smoking area in response to increased demand “for a service we once offered.” Prior to the 2008 clean indoor air regulations, smoking was allowed throughout the facility, White said. 

“This initiative aims to keep Mardi Gras competitive in the market and retain business within West Virginia, as customers currently cross state lines to visit competitors that provide smoking accommodations,” White said. “Our proposal outlines the creation of a separate space that ensures the comfort and safety of both smokers and non-smokers. We look forward to collaborating with the Kanawha County Health Commission on this project.”

If the health board signs off on the measure, the Kanawha County Commission would ultimately decide whether or not to approve allowing the casino to have a smoking area. 

Kanawha County Commission President Lance Wheeler said Wednesday he has not seen the casino’s proposal. 

“Before I would say yes or no, I would have to see what that proposal is and make sure that it’s safe for those who choose not to smoke while enjoying their time [at the casino],” he said. Wheeler said he would like to hear what members of the health board think of the proposal before he makes a decision. 

“If this is done, it’s got to be done carefully. It’s got to be done with facts, science-backed facts,” Wheeler said. “And we’ve got to make sure that we look at all parties involved and their interests. But I’m not going to be making any decision or even think about where I would go with it until I see what the recommendation is, if it comes from the health department.”

Members of the health board were not available for comment on Wednesday.

According to the U.S. Centers for Disease Control and Prevention, secondhand smoke increases the risk of heart attacks, heart disease, stroke, lung cancer and other cancers by up to 30% among nonsmoking adults. Smoke-free policies are the most effective ways to protect people from the risks of second-hand smoke, the CDC said. The U.S. Surgeon General says separating smokers from nonsmokers, cleaning the air and ventilating buildings do not effectively protect people from second-hand smoke. 

Commissioner Ben Salango said he’s not a fan of cigarette smoke after watching his father “die a very painful death from smoking,” but he realizes some people choose to smoke regardless of the negative health effects. 

“So if there is a smoking section that’s not going to interfere with everyone else’s use of the facility, then I’m not necessarily against it, but I want to see the detailed plans of how they’re going to be able to keep that smoking section from interfering with everybody else’s use,” Salango said. 

Salango said he also wants to see what the health board recommends before he makes a decision. 

Changing the county’s clean indoor air regulations for one business may open the health board up to more requests from other establishments like bars that want to allow smoking, Salango said. 

“We’re going to need to see a very detailed plan and how they’re going to implement it,” Salango said. “And I don’t see many small businesses being able to afford such a filtration system. I know the one at the courthouse cost millions and millions of dollars. So we’ll see what the casino has in mind.”

In a statement Wednesday, Lalena Price, the health department’s director of marketing and communications, said that while the casino made a presentation about the proposal during the meeting, they did not formally request the smoking ban exemption, and the health board did not take action on the proposal. 

“Board of Health members asked KCHD’s leadership to gather more information on the health aspects of indoor smoking in relation to casinos prior to the next board meeting, which will be Nov. 21,” she said.