The Kanawha-ÂÒÂ×ÄÚÉä Board of Health voted Thursday afternoon to get public input on whether to allow smoking at the Mardi Gras Casino & Resort, in Cross Lanes.
Dr. Arthur Rubin, D.O. (left), discusses indoor smoking at Cross Lanes' Mardi Gras Casino with board President Jeremy Nelson during a Board of Health meeting at the Kanawha-ÂÒÂ×ÄÚÉä Health Department on Thursday, March 20, 2025.
The Kanawha-ÂÒÂ×ÄÚÉä Board of Health voted Thursday afternoon to get public input on whether to allow smoking at the Mardi Gras Casino & Resort, in Cross Lanes.
Courtesy photo
The Kanawha-ÂÒÂ×ÄÚÉä Board of Health voted Thursday afternoon to give the public a chance to weigh in on whether Mardi Gras Casino & Resort in Cross Lanes should receive an exemption from the county’s Clean Indoor Air Act, which has prohibited indoor smoking since 2008.
The board will consider the public’s views, in addition to the casino’s case and the board’s expertise when making the final decision.
The casino’s proposal
In his October presentation to the board, Kato Moy, president and general manager of Mardi Gras Casino & Resort, said rejecting the request for indoor smoking could pose financial risks for Kanawha County.
He cited a potential loss of $66,000 in slots tax revenue, arguing that a significant portion of slot machine users also smoke.
Moy also argued that allowing smoking on the gambling floor would attract more customers — including out-of-state customers from Kentucky and Ohio — as well as more prolific players.
This amendment, he said, would be important for the casino’s bottom line and the county’s tax revenue. The casino has been competing for customers with Sandy’s Racing & Gaming since that establishment — located in Ashland, Kentucky — opened in 2023.
Moy told the board Mardi Gras has experienced a significant decline in activity, particularly among visitors residing in the area between Cross Lanes and Ashland.
To protect nonsmokers, he also said the casino would add additional slot machines and 10 new employees to staff a new smoking area. Of the casino’s 760 slot machines, there would be approximately 150 in the smoking area.
Representatives from Mardi Gras Casino declined to comment for this article.
Dr. Arthur Rubin, D.O. (left), discusses indoor smoking at Cross Lanes' Mardi Gras Casino with board President Jeremy Nelson during a Board of Health meeting at the Kanawha-ÂÒÂ×ÄÚÉä Health Department on Thursday, March 20, 2025.
SIERRA MARLING | Gazette-Mail
While two board members, Arthur Rubin and Danita Nellhaus, spoke against the idea, board President Jeremy Nelson countered, “Shutting [the proposal] down before we hear from the public sends an awful strong message from this board that we’re not open for business, and I do not want to send that message.â€
In the end, Rubin was the only member to vote against the measure. He was one of a few board members who said he toured the casino. While Rubin said he believes Mardi Gras Casino is “sincere†in its intention to create a secure and clean smoke-friendly facility.
According to the proposal, the room would have a “high-quality,†independent HVAC system to remove smoke from the segregated area by “increasing fresh air exchanges.â€
However, Rubin still opposed the changes, noting that data shows that separating people who smoke from those who do not, cleaning the air and ventilating buildings are not effective protections against secondhand smoke.
“I’m sure it’s a very good ventilation system for the price and from what I saw in the engineering statistics,†Rubin said. “But even the people that put in the ventilation systems are not guaranteeing that the exchanges ... are enough to really make a difference.â€
Rubin said he appreciated the business sense of those board members in favor of the indoor smoking amendment and their desire to bring more tax revenue into the county, but he ultimately reasoned, “We’ve got a good thing here.â€
The Clean Indoor Air Act, Rubin explained, took three attempts with multiple amendments to establish. But afterwards, West Virginia University conducted a study which showed the local legislation decreased the incidence of heart disease and heart attacks.
“We want you to stay strong and protect workers and public health,†Keely said to the board.
Megan Ross, a lifelong Kanawha County resident who has a master’s degree in public health, spoke from personal experience working in food service jobs, where she noted smoke breaks for employees can be frequent.
“From a worker’s perspective, second-hand smoke exposure is still so deadly,†Ross said. “West Virginia has some of the highest rates of tobacco-associated cancers. As a worker who already has to deal with so many health issues based on standing and working conditions, we don’t need to add secondhand smoke exposure.â€
All three of them said they would reiterate their official comments against the Mardi Gras Casino smoking plan during the public comment period.
What’s next?
Public comment begins Monday and runs through May 2.
Even if the board proposes an amendment, it would still need to be approved by the Kanawha County Commission and the city of ÂÒÂ×ÄÚÉä.
The Mardi Gras Casino & Resort is in Nitro, off Interstate 64.
Courtesy photos
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