West Virginia Casino Seeks Exemption from County Smoking Ban

^{The Mardi Gras casino resort outside of Charleston, West Virginia, wants to go back to a day where players could smoke in the casino, at least in part of it. (Image: courtesy of Delaware North)}

The Mardi Gras Casino and Resort in Nitro, West Virginia is asking for an exemption to the clean air regulations in Kanawha County so that it can allow smoking in at least one part of its casino floor. 

The casino presented its plans for a designated smoking area to the Kanawha-Charleston Board of Health last week, though the board has yet to take any action related to the request.

Proposal Aimed at Competing with Kentucky Casino

Kanawha County banned smoking in most public places and workplaces in 2008. In 2020, that law was strengthened, prohibiting indoor vaping along with traditional smoking. 

However, the casino wants an exemption to that rule. In its plans, it would create a closed area that contains about 150 slot machines. The area would include an independent HVAC system designed to remove smoke from the area.

According to the casino’s owners, Delaware North, the move would be designed to compete with the new Sandy’s Racing & Gaming facility in Ashland, Kentucky, which offers its own smoking area containing 190 slot machines.

“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 accommodates,” Glen White, spokesman for Delaware North, said in a statement. “Our proposal outlines the creation of a separate space that ensures the comfort and safety of both smokers and non-smokers.”

According to the statement, the Mardi Gras Casino previously offered smoking throughout its facility prior to the passage of the 2008 clean indoor air regulations.

Smoking Battles Being Waged at Casinos Nationwide 

The proposal is reminiscent of the fights over smoking areas on casino floors in other areas, most notably in Atlantic City. There, workers have sued to remove an existing exemption to New Jersey’s clean indoor air laws that allow the casinos to offer smoking sections on their floors. So far, those efforts haven’t borne fruit in court, though appeals are ongoing. 

While proponents of smoking bans have pointed to studies showing that they haven’t generally hurt revenues at casinos, West Virginia might be an exception to that rule. The American Lung Association says that 21 percent of adults in West Virginia are smokers, one of the highest rates in the country.

Local officials have said they are open to the idea, though haven’t gone so far as to endorse the plan.

“If this is done, it’s got to be done carefully. It’s got to be done with facts, science-backed facts,” Kanawha County Commission President Lance Wheeler said, via West Virginia Watch. “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.” 

The Health Commission will next meet on November 21, when it will hear more information on the potential health impacts of smoking in casinos. If the commission approves the proposal, the Kanawha County Commission would still have the final vote on whether the casino could create a designated smoking area.