Kanawha health board to open public comment period about casino's smoking area proposal
Tom Baldwin downloads a sports betting app onto his phone after the opening of the sports betting bar at Mardi Gras Casino & Resort in December 2018. The casino, located in Nitro, W.Va., has asked the Kanawha-Charleston Board of Health to allow the casino to be exempted from the county's Clean Indoor Air Act. (Chris Dorst | Charleston Gazette-Mail)
Kanawha County residents will be able to weigh in on a request by a Nitro casino that it be allowed to add an indoor smoking area, despite the county's smoking ban.
The Kanawha-Charleston Board of Health on Thursday voted to open a 30-day public comment period for the Mardi Gras Casino's proposal that a closed-off area of the facility with about 150 slot machines be exempted from the county's clean indoor air regulations. The room would have a 'high-quality' independent HVAC system to remove smoke from the area, according to a proposal by casino owner Delaware North.
A representative of the company first presented the proposal to the health board last fall. According to the company, the facility's 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.
'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,' a spokesman for the company told West Virginia Watch last fall. '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.'
During Thursday's meeting, Dr. Arthur Rubin, a retired pediatrician and member of the health board, said he opposed exempting the casino from the smoking ban. Rubin said he had visited the casino and heard more about the proposal and the construction that would be done.
'At the end of the day for me, I'm still not in favor of an amendment to our Clean Indoor Air Act,' Rubin said. 'I am not in favor of anything that helps to facilitate smoking indoors. And with the risks to the people who are actually gambling, the smokers and to employees, regardless of what they've signed or not signed, I'm just not in favor of that.'
Board member Danita Nellhaus also spoke against the proposal.
Other members, including board president Jeremy Nelson, said the board should at least hear from the public about the matter.
'I think cutting it down before we hear from the public sends an awful strong message from this board that we're not open for business,' Nelson said.
Clean indoor air regulations vary by county in West Virginia. Kanawha County has banned smoking in most public places and places of employment since at least 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 also owned by Delaware North.
Rubin, who's been a health board member for nearly 30 years, said he can't recall another time when a business has asked the board for an exemption to the smoking ban.
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 secondhand 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 secondhand smoke.
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.
The casino's request is opposed by several health organizations, including the American Cancer Society, the American Lung Association and the West Virginia State Medical Association. In a Nov. 12, 2024 letter, they wrote that ventilation systems do not protect people from carcinogens found in secondhand smoke.
'Not only are the employees of the business that allows smoking endangered, but so are employees and patrons in adjoining businesses that share doors, windows and ventilation systems,' they wrote.
'Secondhand smoke has been proven to cause heart disease, emphysema, stroke, sudden infant death syndrome and cancer,' they said. 'The Centers for Disease Control and Prevention make it clear that there is no safe level of exposure to secondhand smoke. We strongly urge the board of health members to reject any exemptions to the smoke-free ordinance.'
In a written statement this week, a representative of the United Steel Workers, a union that represents dealers at the casino, said they're monitoring the possible changes to working conditions for members.
'As we begin negotiations on a new contract in the coming months, we intend to bargain with management over the potential health impacts,' Nathan Nelson, a staff representative for the union, said in the statement.
According to the health board's bylaws, the Kanawha County Commission and the city of Charleston would also have to sign off allowing the casino to have a smoking area. Kanawha commissioners told West Virginia Watch last fall they would wait to see what the health board recommended before deciding if they'd support the measure.
The health department hopes to open the comment period Monday. Kanawha County residents who wish to voice their written comments will be able to do so by email or mail. Comments must include a name and a Kanawha County address.
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