West Virginia’s Mardi Gras Casino Asks for Exemption From County’s Smoking Ban
Regulation · 2024-10-06

West Virginia’s Mardi Gras Casino Asks for Exemption From County’s Smoking Ban

West Virginia’s Mardi Gras Casino and Resort wants to build a designated smoking area with 150 slot machines. [Image: Shutterstock.com]

Separate smoking area

Kanawha County, West Virginia, prohibits smoking in most indoor public areas and workplaces. Mardi Gras Casino and Resort believes that is hurting its business and has appealed to the Kanawha-Charleston Board of Health to grant it an exemption.

In a recent Board of Health meeting, casino representatives presented a plan to create a designated smoking area that would house 150 slot machines. It would be closed off from the rest of the casino and would have its own HVAC system to filter out smoke.

West Virginia gives individual counties the leeway to create their own smoking laws

The state of West Virginia gives individual counties the leeway to create their own smoking laws. Kanawha County, which is where the state capital of Charleston is located, has had a ban in place since 2008.

For comparison, Ohio County, in the northern panhandle of West Virginia, exempts the Wheeling Island Hotel, Casino & Racetrack from its clean air regulations. The casino is owned by Delaware North, the same parent company as Mardi Gras.

Casino sees it as a competitive issue

In a statement on Wednesday, Delaware North spokesperson Glen White said: “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.

“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.”

Casino management believes not allowing customers to smoke is hurting its ability to compete in the region. They point to Sandy’s Racing & Gaming in Ashland, Kentucky, which opened about a year ago. The casino, located about an hour west of Nitro’s Mardi Gras, has a 190-slot machine smoking area.

Multiple gatekeepers

If the Kanawha-Charleston Board of Health approves Mardi Gras’ proposal, the casino wouldn’t get the green light just yet. The Kanawha County Commission gets the final say on whether or not the casino could receive a carve-out from regulations.

Kanawha County Commission President Lance Wheeler told West Virginia Watch that he has not seen the casino’s proposal yet and wants to discuss the matter with his fellow commissioners.

I would have to see what that proposal is and make sure that it’s safe”

“Before I would say yes or no, I would have to see what that proposal is and make sure that it’s safe for those who choose not to smoke while enjoying their time [at the casino],” he said,” adding: “If this is done, it’s got to be done carefully. It’s got to be done with facts, science-backed facts.”

Commissioner Ben Salango, whose father died from health complications related to smoking, echoed Wheeler’s sentiments, saying: “I’m not necessarily against it, but I want to see the detailed plans of how they’re going to be able to keep that smoking section from interfering with everybody else’s use.”

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