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Gambling revenues are down one month after smoking ban 

It's been about a month since the Montana Clear Indoor Act took effect in bars, casinos and restaurants across the Treasure State. According to a Billings gaming distributor, gambling revenues are down 16% to 18% across the state.

On October 1st, the Reno Club in Billings joined hundreds of others businesses in going smoke-free. Now that the smoke has cleared, businesses are taking a hard look at the bottom line.

"My gambling is down about 20% and that could be recession, it could be the weather, it could be just about anything," Reno Club owner John Blair said.

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• Smoking ban exemptions are now the focus of criticism 

Steve Stenger, the County Council member who insisted that any ban include a casino exemption, said he expected the council to move next year to rescind it.

"With upwards of 65 percent of the people voting in favor of the ban, I think you can see the day coming to phase out that exemption," said Stenger, D-Affton. "Tuesday showed very clearly that most people do not want to be exposed to smoke in any public place."

Stenger predicted that the County Council would take action to eliminate the exemption shortly after the ban takes effect in 2011. If it chose, the council could change the ordinance on its own without submitting it to public vote again. . . .

The city and county exemptions drew attention on many fronts Wednesday.

Those who fought the bans said the casino exemption was unconstitutional, and could be used to invalidate the entire proposition.

At O'Connell's Pub off South Kingshighway, the talk was how to measure a bar's square footage so that it would be protected by the city's five-year exemption for bars under 2,000 square feet.

And in Maplewood, a restaurant owner who opposed the ban is adamantly against exemptions.

Bill Hannegan, an activist against both smoking bans, said opponents met Wednesday with lawyers to discuss ways to overturn them. . . .

And he said his group has discussed an initiative petition to address the most restrictive provisions of the city ban. His group, Keep St. Louis Free, views the city ban as more onerous than the county ban, which has the exemption for bars that make less than 25 percent of their revenue off food.

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St. Louis smoking bans raise questions at state level  

Following adoption of smoking bans in St. Louis and St. Louis County, one Missouri legislator who has previously supported a statewide ban said he now thinks differently.

Rep. Joseph Fallert, D-Ste. Genevieve, said he thinks now might be the time for smoking bans to be local initiatives. Fallert said after his initial proposal for banning smoking in public places statewide failed he has been watching the progress of such legislation in local jurisdictions.

He originally said he thought it was important to make it a state law to allay the fear of businesses losing revenue because of patrons going to other counties or municipalities; but with the success of these bans at local levels, he said he does not see the need for a statewide ban.

"There is no reason to jump in and make a huge change when things are already headed in the right direction," Fallert said.

With the passage of Proposition N, 50 percent of Missourians are now in a smoke-free environment, St. Louis County Councilwoman Barbara Fraser said.

Proposition N prohibits smoking in certain public areas in St. Louis city and county. For example, within city limits, the law prevents smoking in bars and restaurants, but in St. Louis County, any bar that makes less than 25 percent of its revenue from food can allow smoking.

The election, which had a 20 percent voter turnout, resulted in two-thirds of voters favoring the ban. The ban will go into effect Jan. 2, 2011.

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Wynn Resorts accused of not protecting employees 

A Wynn Las Vegas employee recently sued the resort, claiming it is an unsafe workplace due to secondhand smoke. But some in the gaming industry doubt Las Vegas casinos will go smoke free anytime soon.

The federal lawsuit filed Oct. 20 seeks class action status and alleges the casino encouraged patrons to light up and disciplined workers if they complained.

The court filing accuses Wynn of breaching its duty to provide a safe workplace for employees and seeks damages of more than $5 million. Wynn dealer Kanie Kastroll has suffered asthma and other health problems while working for Wynn, her lawyers allege. Kastroll retained Chicago-based class action law firm Kamber Edelson for her lawsuit.

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VOSS/SHUCART: Bowling proprietors against Proposition N  

After years of watching 37 other states enact policy on restricting smoking in public places, St. Louis County voters will decide on Nov. 3 if Proposition N should be passed to ban smoking in some public places on Jan. 1.

Opinions are strong, for and against. But voters are being asked to make a decision on a weak and confusing referendum because it doesn’t totally ban smoking. The proposal passed by the St. Louis County Council exempts casinos, bars with limited food sales and Lambert Airport.

The owners of St. Louis County’s 21 bowling centers oppose Proposition N with the opinion that if smoking is to be banned, it should be prohibited statewide in all public places.

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Mayor gets smoking, northside redevelopment bills 

Aldermen on Friday also approved a bill banning smoking in most public places in the city. Casino gaming floors are exempt, and bars of 2000 square feet or less get a five-year reprieve. It would not take effect unless St. Louis County voters approve their version on Tuesday.

The county legislation completely exempts small bars, which concerned Alderman Stephen Gregali. He supports the bill's premise,he said, but not its content.

"If we close one business because of this poorly written bill, shame on us," he said. "We should really take those things into consideration. We are going to be at such an economic disadvantage with the county because of the differences in the bill."

The American Cancer Society, and the American Heart and Lung associations are opposed to both the city and county measures because of the exemptions.

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EDITORIAL: Exemptions in Proposition N are unfair to local businesses 

On Nov. 3, St. Louis County voters will weigh in on Proposition N, which will ban smoking in enclosed public spaces, along with sidewalks and other outdoor spaces within 15 feet of the entrance to a public building. The ordinance would exempt casino gaming floors and bars that receive 25 percent or less of their gross sales from food.

We understand and support the public health initiative behind Proposition N. The risks posed by secondhand smoke are real and frightening, and we commend the measures taken by the county to alleviate unnecessary exposure to such risks.

However, we feel that the ban would be fundamentally unfair to local businesses because it discriminates between bars that serve food and those that don’t, and it favors casinos. . . .

A ban with fewer exemptions has become the norm elsewhere—in New York City and the state of California, smoking is prohibited in all public places—and we think that St. Louis should take a similar direction.

On this count, we encourage our readers to vote against Proposition N, and we encourage the County Council to go back to the drawing board, drafting a proposition that is fair to local businesses.

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Nitro Leaders Look to Sidestep Kanawha Smoking Ban  

If you don't like the rules in one county, just move to the county next door.

Leaders in Nitro are hoping to move out from under the Kanawha-Charleston Health Department and merge with the Putnam County Health Department. This move is due to the Kanawha County smoking ban and Tri-State Racetrack and Casino's claim that it's costing them millions.

Nitro passed an ordinance a couple of months ago allowing smoking at the racetrack. But rather than face a costly legal fight, Nitro City Councilman Craig Matthews says the better route is to merge with the Putnam County Health Department. Part of Nitro is in Putnam County.

At a health board meeting Tuesday night, Councilman Matthews laid out a plan for the merger. He says West Virginia law allows a municipality to create its own health department or merge with nearby county. He says it would be too expensive for the city of Nitro to form its own health department, but a merger would be viable.

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Wynn employee, tired of dealing with smoke, sues  

A Wynn Las Vegas employee is suing the hotel-casino, claiming it is an unsafe workplace because of secondhand smoke.

The federal lawsuit filed Tuesday, which seeks class action status, alleges the casino encouraged patrons to light up and disciplined workers if they complained.

The court filing by Wynn dealer Kanie Kastroll accuses Wynn Las Vegas of breaching its duty to provide a safe workplace for employees and seeks damages of more than $5 million.

Kastroll has suffered asthma and other health problems while working for Wynn, her lawyers allege. Kastroll has retained Chicago-based class action law firm Kamber Edelson.

The firm may be best known for its class action lawsuit against the makers of the Thomas the Tank toy. That lawsuit, which was based on claims the toy used lead paint, was settled for $30 million.

Wynn Las Vegas is the second major resort operator to be hit with a lawsuit recently because of secondhand smoke dangers.

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Atlantic City may vote next week on casino smoking policy 

The city official who was among the most vocal supporters of a resort-wide smoking ban now wants it off the table.

Calling it a restriction is really more accurate. No matter what local lawmakers decide, certain casino lounges likely could continue to allow smoking, Councilman Bruce Ward said Wednesday.

"Smoking is outlawed in every workplace in New Jersey except casinos," he said.

City Council likely will vote next week on exactly how to limit lighting up on casino floors, according to Councilman Dennis Mason.

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• EDITORIAL: Pass the Atlantic City casino smoking ban 

The legislature, after allowing casinos to escape the statewide indoor smoking ban in 2006, has refused to close this loophole. Lawmakers continually have chosen casino balance sheets over the health of the average Joe. But this is a moral, not economic issue: What amount of money makes it acceptable to put people's lives at risk?

We know the answer: None.

And that's why there's a tobacco stain on New Jersey's soul.

The Atlantic City council has a second chance to do the right thing and pass a casino smoking ban immediately. . . .

Opponents of the ban insist gambling and drinking and smoking go together. Well, actually, they don't. Studies have found that the majority of gamblers don't drink and 82 percent of them don't smoke.

Through all of the debate, one argument remains indisputable: Second-hand smoke kills.

But in New Jersey, cash trumps cancer risks.

"A 100 percent smoking ban would be catastrophic," said Mark Juliano, CEO of Trump Entertainment Resorts. "Right now, we can't face another negative."

Since when is saving lives a negative?

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Wynn Casino Sued over Second-Hand Smoke  

A proposed class action seeks to force The Wynn Hotel and Casino to protect its workers on the casino floor from second-hand smoke. Kanie Kastroll, a dealer at the Wynn, says she suffers with asthma, and the "second-hand smoke she is exposed to ... exacerbates her condition."

Wynn "is aware of the health risks posed by exposure to second-hand smoke," but "has failed to adequately address the problem ... in the gaming area of its casino."

The hotel forbids dealers from designating certain tables as "smoke-free," and they can't request customers to blow smoke away from the table or to move their ashtrays, the lawsuit states. They're also told not to fan their hands at tobacco smoke.

Kastroll says the Wynn even encourages its customers to smoke. "Cocktail servers bring cigars and cigarettes to customers at the gaming tables," and that the hotel gives free smokes to gamblers.

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• Strip resort sued over second-hand smoke  

A second Las Vegas Strip casino is being sued over allegations that the health of employees is being affected by second-hand smoke.

A suit seeking class action status to represent all affected workers was filed Tuesday in U.S. District Court in Las Vegas by Wynn Las Vegas employee Kanie Kastroll against the casino resort and its parent company Wynn Resorts Ltd.

The suit was filed by law firms including KamberEdelson LLC of Chicago, which in July filed a similar suit against Harrah's Entertainment's Caesars Palace hotel-casino.

Attorneys for Harrah's and Caesars have not yet filed their answer to that complaint. That suit has also not completed the significant legal hurdle of being certified as a class action. . . .

The suit alleges exposure to smoke is causing eye irritation, coughing, sore throat, sneezing, shortness of breath, dizziness, wheezing, tightness in the chest, asthma, headache, nausea and ingestion of cancer-causing chemicals and toxins.

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• Atlantic City to debate casino smoking ban again  

"I like it the way it is now. If they banned smoking in Atlantic City, I would go to the Indian reservation casinos in Connecticut just to smoke," DePierro vowed as her husband, James, nodded his head in agreement.

A year after Atlantic City delayed a total smoking ban at the request of the powerful gaming industry, city officials are again debating whether the casinos should go smoke-free. City Council backed away from a ban last year amid warnings that smokers would take their business elsewhere, further depressing casino earnings in the soft economy.

But council members also promised then to revisit the issue in a year. Just as it was on Oct. 8, 2008 - when it voted 5-4 to scrap the smoking ban - council remains divided.

The timing of a new vote is unclear. On Friday, the City Clerk's Office released the agenda for the next council meeting on Wednesday and it did not include the smoking ban.

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• Continued smoking in reservation bars, casinos boosts business, raises questions 

ROCKY BOY -- Smoking and gambling have gone hand in hand for Deanna Standing Rock for years.

But when the statewide smoking ban went into full effect earlier this month, adding bars and casinos to the list of public places where smoking is not allowed, Standing Rock didn't fear an end to her smoke-and-slots routine. That's because she plays at a casino located on one of Montana's seven Indian reservations, where smoking is still allowed inside bars and casinos.

Reservations are exempt from the Montana Clean Indoor Air Act, although far-reaching smoking bans have been implemented by Montana's sovereign tribes. The act does apply to nontribal members who own bars and casinos on Indian reservations.

The exemption has created a competitive edge for businesses such as the Chippewa Cree tribe's Northern Winz Casino on the Rocky Boy's Indian Reservation, according to casino officials. They are now marketing the casino as smoker friendly in order to lure customers away from bars and casinos located off the reservation.

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