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EDITORIAL: Ban smoking in casinos 

Don't treat the health of some Kansans as more worthy of protection than that of others.

It was bad enough that the Legislature exempted state-owned casinos from the Kansas Indoor Clean Air Act in the first place, worse when it let another session go by without righting the wrong. The hypocrisy should stop this year. . . .

State Sen. Roger Reitz, R-Manhattan, a physician who led the fight for the smoking law, expressed uneasiness last week with breaking the state’s “promise” to casino operators.

But there is no honor in upholding a promise that never should have been made because it compromised public health.

If imposing a smoking ban on private businesses was a hard call for a Legislature that prizes property rights, extending the ban to state-owned casinos should not be – the key words being “state-owned.”

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100 years ago: Law against cigarette sales spelled out  

From the Lawrence Daily Journal-World for Feb. 8, 1912: . . .

* "Who is selling cigarettes in Lawrence? Following a brief item in the Journal-World concerning the selling of cigarettes in Lawrence a number of Lawrence dealers in tobacco have come out with very emphatic statements that they are not law transgressors. They are Griggs, Hilliard and Carroll and 'Swede' Wilson's pool hall. The protest against the violation of the cigarette law does not apply alone to the High School boys who can be seen smoking them almost any morning coming from the High School, but against any one buying such a contraband article in Kansas. The law is very strict on the matter. It reads 'Sale of cigarettes prohibited . . .

This is the law on the matter and yet any day in Lawrence boys much under age may be seen walking up and down Massachusetts puffing a cigarette."

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• Lawmakers hear pros, cons of banning smoking in Kansas casinos  

Lawmakers gave state-owned casinos a pass on Kansas’ 2010 Clean Indoor Air Act, which bans smoking in indoor settings except private residences, adult care homes, up to 20 percent of the rooms in a hotel, some private clubs, tobacco shops and casino floors.

Now, some opponents of smoking want to ban it on casino floors as well. But casino managers say that could cost the casinos — and the state — millions of dollars. The debate played out Thursday before a legislative committee in Topeka.

Smokers will go to tribe-owned casinos and cross state lines if Kansas bans smoking while gambling, Richard Klemp, a lobbyist for the Kansas Star Casino in Mulvane, told the Senate Federal and State Affairs Committee. And that could lead to a 20 to 33 percent decline in revenues, he said, because a large number of gamblers also smoke.

“It’s almost like popcorn at the movies,” he said. “It’s one of the things smokers like to do while they gamble.”

But tobacco smoke has dangerous chemicals that pollute the air in casinos, said John S. Neuberger, an environmental epidemiologist at the University of Kansas. Banning smoking would cut down on the health risks — including those that contribute to lung cancer, heart disease, bronchitis and asthma — for patrons and employees.

Neuberger advocated for lawmakers to remove most other exceptions to the smoking ban as well, although the bill — called the substitute for HB 2340 — doesn’t include other exemptions.

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Casino smoking ban exemption a target  

Health advocates and gambling executives vented Thursday about a bill repealing an exemption held by casinos from the statewide indoor smoking ban.

Kansas lawmakers two years ago adopted a sweeping prohibition on smoking inside buildings accessible to the public that specifically exempted state-operated casinos opened in Dodge City, Mulvane and Kansas City, Kan.

Favoritism shown these new gambling venues has been ridiculed as unfair by owners of other businesses, but also touted as a necessity if the casinos are to be economically competitive. The statute allows smoking on casino floors, but prohibits consumption of tobacco products in restaurants and other casino areas.

Apprehension exists in the Statehouse review of this exception could open up messy debate on a wide range of gambling and tobacco policies.

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Constitution change bans smoking in all residence halls  

for smokers living in the dorms, things will now be more difficult, due to a recent amendment to the Association of Residence Halls constitution concerning smoking. Currently, all 10 residence halls, including Jardine Apartments, will have to begin enforcing the new smoking policies.

"Constitution Main Motion S was the piece of legislation that was amended," said Sarah Herigon, ARH voting member and freshman in animal science. "This will now clearly lay out that there will be no smoking, of any type, inside of residence halls. This will eliminate people who smoke electronic cigarettes from smoking them anywhere in any of the halls."

Herigon also said ARH had to clearly define what smoking meant. ARH defines smoking as anything that emits smoke or vapor from the body of the device. Falling under this definition, hookah will no longer be allowed within smoking parameters or inside any of the residence halls.

"Personally, everyone is different and has their own style," said Emily Rubeo, freshman in business. "As a smoker, I have my own reasons for smoking, as I know other people have their own different reasons for smoking. People choose to smoke and others choose not to. Smoking for some people is something that helps them de-stress and that is something that shouldn't be taken away."

Herigon said she loves the new policy change.

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E-Cigarette controversy lights up in Wichita  

"They really ruined my concert," says Angela Prock.

Prock was using her E-cigarette at Intrust Arena recently at a concert when security asked her to stop using it.

"Smoking ban they said," explains Prock. "They told me to put it out, but it's not a cigarette."

Or is it?

Intrust Arena says it is banning the E-cigarette along with so-called "real" cigarettes that contain tobacco.

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AUDIO: Kansas Tobacco Prevention Funds Diverted To Other Uses 

It may be a new budget year for Kansas, but it's the same level of funding for anti-smoking efforts in the state.

And that's just the problem, anti-tobacco activists say. Kansas falls far short of the federally recommended level of spending for anti-tobacco programs. In fact, the state earns an F for prevention spending in the American Lung Association's 2012 State of Tobacco Control report.

Of the $745 million in tobacco lawsuit-settlement funds and $1.4 billion in tobacco taxes in the past 12 years, less than $11 million has gone specifically for anti-smoking programs. The federal Centers for Disease Control say Kansas should have spent about $32 million per year for a wide range of prevention efforts.

And Gov. Sam Brownback's budget makes no change: those funds and taxes will continue to pay for other needs in the state.

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• More Kansas businesses use "tobacco shop" exception 

Viewers are calling and e-mailing FactFinder 12 wondering how some area businesses can allow smokers to light up.

We looked into and found you'll probably see it happen more often.

"There are more (businesses) doing it. You'll find some doing illegally and I wouldn't advise that, but we're seeing a lot more open up smoke shops because that's what their clientele asked for," says State Rep. Brenda Landwehr.

Landwehr thinks the current law, which allows smoking in state owned casinos is hypocritical. She supports businesses using the tobacco shop exception.

Mike's steakhouse was the first to do it when the law took effect.

His building has been split in half. On one side you'll find Mike's Steakhouse and on the other you'll find Mike's Smoke Shop.

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Smoking conflict snuffs SE Kansas gambling reforms 

The fuse of controversy was lit when the statewide indoor smoking ban was manipulated to exclude gambling floors of state-sanctioned casinos.

It's red-carpet treatment for casino lobbyists who serve corporations specializing in reaching the pleasure center of customers, whether these gamblers are choking on their own cigarette plume or the second-hand exhalation of someone sitting nearby. The exclusion also defines complicity of anti-tobacco advocates who caved on the exemption as the political price to be paid in 2009 for adoption of a statewide smoking ban.

"If this is about health, let's get serious," said Rep. Brenda Landwehr, a Wichita Republican who opposed the smoking ban and casino exemptions. . . .

The $411 million Hollywood Casino at Kansas Speedway is due to open in February in Kansas City, Kan. It's a joint venture of Penn National Gaming and International Speedway Corp.

Jeff Boerger, president of Kansas Speedway, said a smoking ban in the casino could cut into the facility's revenue as much as 30 percent.

He said gamblers turned off by the ban would be able to easily drive to any of four Kansas City, Mo., casinos that permit smoking.

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Careless Smoking Blamed For Fire Death  

Sumner County Sheriff officials are investigating the death of a Geuda Springs area man who was killed in a house fire. It happened near the intersection of U.S. 166 about six miles west of Arkansas City.

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State Supreme Court hears Tonganoxie bar's case to continue allowing smoking  

Kansas Supreme Court justices were asked Wednesday to reverse a lower-court's temporary injunction blocking enforcement of a narrow portion of the state's 2010 smoking ban on grounds legislators had a rational basis for its provisions.

But justices and Mike Merriam, attorney for Downtown Bar and Grill in Tonganoxie, said to do so would leave little reason for the northeast Kansas club's case to move forward.

"From a practical matter, Mr. Chief Justice, we'll be dead in the water," Merriam said. "We can't just litigate for the sake of litigating."

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Justices hear case over temporary injunction blocking narrow portion of Kansas smoking ban 

Kansas Supreme Court justices were asked Wednesday to reverse a lower-court's temporary injunction blocking enforcement of a narrow portion of the state's 2010 smoking ban on grounds legislators had a rational basis for its provisions.

But justices and Mike Merriam, attorney for Downtown Bar and Grill in Tonganoxie, said to do so would leave little reason for the northeast Kansas club's case to move forward.

"From a practical matter, Mr. Chief Justice, we'll be dead in the water," Merriam said. "We can't just litigate for the sake of litigating."

At issue is whether a deadline that legislators said bars like Downtown Bar and Grill had to have switched their liquor license to be exempt from the 2010 smoking ban. Legislators set that cutoff at Jan. 1, 2009, while the bar got its license in May 2009. Merriam argues that the date was arbitrary and had no rational basis.

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State supreme court to hear smoking case  

Kansas Supreme Court justices are scheduled to hear arguments over a portion of the statewide smoking ban that some bar owners say could put them out of business.

Wednesday's arguments stem from a 2010 Shawnee County District Court injunction that blocked a provision of the statewide ban that applies to a specific class of private clubs.

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Smoking Cessation Program to Help Natives Curb Nicotine Cravings  

The University of Kansas Medical Center will examine the value of a culturally sensitive smoking cessation program tailored to Natives versus one that utilizes current best practices

Native smokers 18 and older who would like to quit smoking can sign up for an eight-week smoking cessation program in Lincoln or Omaha, Nebraska offered by the University of Kansas Medical Center, reported the Lincoln Journal Star. If the program proves successful, it may expand into Norfolk, Niobrara, Winnebago and Sioux City, Iowa.

In addition to engaging in support sessions and receiving health information, nicotine patches, gum and lozenges, participants will have the option to take free medication to reduce the severity of nicotine cravings and withdrawal symptoms.

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• Kan. Supreme Court to hear smoking ban case 

Kansas officials are appealing a lower court ruling that has blocked specific provisions of the statewide smoking ban that applies to certain private clubs.

The Kansas Supreme Court has scheduled arguments for Wednesday in a case being appealed by the attorney general, asking the justices to lift a temporary injunction issued in June 2010.

Theis issued the injunction after attorneys for the Downtown Bar and Grill of Tonganoxie filed a lawsuit over a deadline in the law that allowed a certain class of licensed private clubs to permit smoking. During debate on the law, legislators inserted a Jan. 1, 2009, cutoff date for clubs as an amendment on the House floor.

The Downtown Bar and Grill received its license in May 2009 and would not qualify, even though the smoking ban didn't go into effect for nearly a year later.

Attorney Mike Merriam of Topeka argued that there was no rational basis for the Legislature to choose the earlier date and that by grandfathering some but not all clubs that held a license before the smoking ban took effect was arbitrary.

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