Will Kanawha County officials allow indoor smoking at Mardi Gras Casino?

Though Delaware North — the Buffalo, New York-based parent company of the Mardi Gras Casino — has not yet made a formal proposal to government officials, its representatives indicated their intention to seek approval for a segregated smoking area.

The proposal

Kato Moy, president and general manager of Mardi Gras Casino & Resort, warned that rejecting this request could pose financial risks for Kanawha County. He cited a potential loss of $66,000 in slot tax revenue, arguing that a significant portion of slot machine users also smoke.

The casino manager said that keeping those customers on site would potentially preserve that county slot tax revenue, citing a casino survey that indicates 21% of surveyed patrons want a smoking area.

Moy argued that allowing smoking on the gambling floor would attract more customers, particularly in West Virginia. He said smokers also are more likely to go outside to smoke, reducing their time spent at the machines.

“If you’re a smoker, you’re going to get up and go outside,� he said. “That shortens your time on the device, and you play less.�

He noted that Mardi Gras attracts many out-of-state customers, particularly from Kentucky and Ohio, as well as higher-end players, a critical market segment since the area between Cross Lanes and Ashland, Kentucky, is known as “the battleground� due to its proximity to competitors, like Sandy’s Racing & Gaming in Ashland.

Moy told the board that the casino has experienced a significant decline in activity, particularly in this battleground area.

“Statistically, we’re at a disadvantage for not allowing smoking in our casino,� he said. “It’s hard for us to draw those customers back. They often times don’t return, because we’re [nonsmoking].�

However, when questioned by health board member Dr. Arthur Rubin, Moy acknowledged that, while slot machine revenue has dropped, overall casino revenue has not.

When asked by the board why slot machines were the focus of the proposal, Moy said, “This is our No. 1 revenue generator.�

He also suggested that rejecting the measure could lead to job losses, with 10 casino employees — who he said are Kanawha County residents — potentially being affected. Additionally, he projected that the exemption could increase slot tax revenue, generating a projected $99,000 for the county.

The logistics required for a smoking area

Moy told the board that they will add additional slot machines, should they receive the smoking exemption. Of the casino’s 760 slot machines, there would be approximately 150 in the smoking area. There would be 10 employees needed, with two to four people in the smoking area at any given time.

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.�

The U.S. surgeon general concluded that separating people who smoke from those who do not, cleaning the air and ventilating buildings are not effective protections against secondhand smoke.

The American Society of Heating, Refrigerating and Air-Conditioning Engineers, a global professional society of more than 55,000 members, laid out its official position in June 2023, stating:

• The only means of avoiding health effects and eliminating indoor [environmental tobacco smoke] exposure is to ban all smoking activity inside and near buildings.
• This position is supported by the conclusions of health authorities that any level of ETS exposure leads to adverse health effects and therefore:
  • The building and its systems can reduce only odor and discomfort but cannot eliminate exposure when smoking is allowed inside or near a building.
  • Even when all practical means of separation and isolation of smoking areas are employed, adverse health effects from exposure in nonsmoking spaces in the same building cannot be eliminated.
  • Neither dilution ventilation, air distribution (e.g., “air curtainsâ€�) nor air cleaning can be relied upon to control ETS exposure.

Furthermore, the U.S. Centers for Disease Control and Prevention says, “There is no safe level of secondhand smoke exposure.�

‘Level the playing field’

Some other counties allow segregated indoor smoking.

Kimberly Florence, president of Wheeling Island Hotel Casino & Racetrack and regional manager for Delaware North came in support of the measure and to speak on her experience as someone operating a casino in one of those counties.

Moy argued that this exemption would help Mardi Gras compete, noting that the casino’s local market share has dropped to 32.8% from 41.2% after the opening of Sandy’s Racing & Gaming. He also pointed out that 14 counties in Mardi Gras’ regional market allow indoor smoking, asserting that the exemption would “level the playing field.�

The casino manager said, “Mardi Gras Casino is the only public casino in West Virginia that does not have an indoor smoking area.� He also said it is not the first casino in the state to request this type of reevaluation of clean air laws, as Hancock County voted to amend its smoking ban in October 2018 for Mountaineer Casino, Racetrack and Resort.

Smoking in West Virginia and Kanawha County

West Virginia — which has one of the highest adult smoking rates in the nation, at 21%, according to the American Lung Association — faces ongoing public health challenges related to tobacco use. The CDC classifies smoking as a �major public health concern,� with more than 16 million Americans living with smoking-related diseases.

The CDC also says secondhand smoke exposure is responsible for more than 480,000 deaths annually in the United States.

Smoking regulations in West Virginia are determined at the county level. Kanawha County banned smoking in most public places in 2008, extending in 2020 the ban to include indoor vaping. In Ohio County, however, Wheeling Island operates primarily as a smoking facility.

The decision process

After the Board of Health meeting, Kanawha County Commissioner Ben Salango stated that, for the casino to receive an exemption, both the health department and the County Commission would need to approve the plan, with a public comment period included.

“I’m anxious to see the presentation,� Salango said. “I will certainly give it consideration, even though I am not a proponent of smoking ... as I watched my father pass away from smoking.�

However, Salango said he recognizes that some people make the choice to smoke, regardless of the health risks, and that he’ll keep the public’s interests in mind.

“People need to have the ability to make their own choices,� he said. “In order for me to move forward, the casino is going to have to prove to me that they’re protecting the public.�

If approved, Salango said he believes it will lead to other requests for exemption from locations like bars or restaurants. However, the economic and financial burdens of that might prevent the implementation of necessary proponents, like an advanced air filtration system.

“[Larger businesses] might be able to afford it,� he said, “but I think it would be very difficult for smaller businesses to invest that kind of money.�

What’s next?

Mardi Gras Casino has limited its comments on the proposal to the following statement:

“Mardi Gras Casino & Resort has submitted a proposal to build a designated smoking section in response to increased customer demand for a service we once offered. Our proposal outlines the creation of a separate space that ensures the comfort and safety of both smokers and non-smokers.�

The Board of Health did not take action on the proposal at the Sept. 26 meeting. Instead, it directed the Kanawha-ÂÒÂ×ÄÚÉä Health Department to conduct further research on the health effects of indoor smoking in casinos. The board plans to revisit the issue at its next meeting, scheduled for Nov. 21.