Smoking in casinos in Kansas and Missouri may soon be snuffed out, as both states are set to discuss potential bans during their upcoming legislative sessions.
If new bills are passed, "No Smoking" signs could become a common sight in state-licensed casinos in both states.
Advocates in Kansas and Missouri are urging legislators to impose smoking bans in state-owned casinos to protect the health of non-smokers and casino employees. However, it's important to note that, in Kansas, casinos operated by Native American tribes would not be subject to these regulations if the legislation is enacted.
Who’s Behind the Push For a Casino Smoking Ban?
The organization Casino Employees Against Smoking Effects (CEASE) is committed to getting bills in both states that would propose ban smoking in casinos, passed.
Casino workers in Atlantic City formed CEASE after New Jersey Governor Phil Murphy allowed indoor smoking to return to Atlantic City's nine casinos in July 2021, following a smoke-free period during the COVID-19 pandemic.
CEASE members are urging legislators nationwide to advocate for smokefree laws that encompass casinos, following the example set by Surgeon General Dr. Vivek Murthy. In a recent report, Dr. Murthy emphasizes the significant impact of secondhand smoke on casino workers, presenting a compelling argument for comprehensive smokefree legislation that includes these venues.
“The evidence is well documented that people who spend extended amounts of time in environments where smoking occurs, such as casino employees, are at an increased health risk because of the high concentrations and cumulative effects of exposure to secondhand tobacco smoke… Failure to protect employees in these settings risks exacerbating health disparities among casino and hospitality workers relative to workers who are protected by workplace smokefree policies. State, territorial, local, and tribal smokefree laws that apply to casinos would protect these employees as well as visitors from the health effects of secondhand tobacco smoke.”
“While we applaud the Surgeon General for his leadership in addressing the harmful effects of smoking and secondhand smoke, his report discusses what casino workers have always unfortunately known,” said Pete Naccarelli, co-founder of CEASE. “ It’s past time for legislators to lead on behalf of all their constituents. The simple solution? Pass indoor smokefree casino legislation that protects all workers.”
Kansas Anti-Smoking Casino Bill Already Introduced
House Bill 2622 was introduced in January (2024). If passed, it would stop people from smoking inside state-owned casinos and racetrack gaming facilities. However, casino owners and lobbyists resist this change, arguing that they will lose business to private casinos where indoor smoking is still allowed.
Since the Kansas Indoor Clean Air Act was passed in 2010, indoor smoking has been banned in most public places, with the exception of "access points". An access point is the area within 10 feet of any doorway, open window, or air intake that leads into a prohibited area.
However, casinos are one of the few places not covered by this law, despite warnings from health groups and casino workers about the risks. The Sunflower State is 1 of 11 states that still allow residents to smoke inside casinos.
On its website, C.E.A.S.E Kansas states that it will have a bill in the Kansas House and Kansas Senate in the 2025 session, which begins on Jan. 13.
Missouri Also Has Smoke-Free Ordinances
In Missouri, many cities and counties have smoke-free ordinances that exclude casinos, allowing them to bypass local smoke-free laws.
The Missouri Clean Indoor Air Act prohibits smoking in public places, except in designated areas. Public places include workplaces and any indoor spaces accessible to the public, but the law doesn't protect many workplaces. Exceptions to this law include bars, taverns, restaurants with fewer than 50 seats, bowling alleys, and billiard parlors. Designated smoking areas must occupy no more than 30% of the total space.
There are 13 casinos in The Show Me State, and when voters banned smoking in casinos in St. Louis County in 2018, the law was overturned due to declining attendance. As a compromise, casino operators and patrons reached an agreement: St. Louis County casinos can now designate up to 50% of their gaming space for smokers.
Online casinos in Missouri are illegal, but lawmakers will return to the state capitol on January 8, 2025, for the new legislative session, and to resume to smoking in casinos debate.
This marks the start of the fight for smoke-free casinos in both states, and it may not be long before the air is truly clear.
