February 29, 2008              

To:     Senator Handley, Representative Sayers, and members of the Public Health Committee

From: Karen Blumenfeld, Esq., Director, Policy & Legal Resource Center, NJ GASP

Re:     Senate Bill 419 –
                An Act Prohibiting Smoking in Regulated Areas of Casinos

     Thank you for the opportunity to present information to the Committee, on the trend of smokefree gaming, and to encourage and support safe and healthful workplaces for casino workers, and public places for gaming patrons.  

     My organization has been working on the smokefree gaming issue for several years, and today, I would like to share with you the most important highlights.  More examples, along with supporting data, are in the handout that is provided to you.

     First and foremost, the trend for smokefree gaming is growing.  More than two dozen states regulate smoking in various types of gaming venues, and nine require 100% smokefree casinos.  Just last week, Nebraska voted for its smokefree air law that includes all keno venues and racetracks, and it takes effect June 2009.  In 2007, Colorado’s legislature eliminated their casino exemption, and Illinois’ legislature enacted a 100% smokefree workplace law that included the riverboat casinos.  Both laws took effect on January 1, 2008.  

     Maryland’s 100% smokefree air law includes its six racetrack facilities, and started on February 1, 2008.  West Virginia’s Kanawha County law starts in July 2008, which covers a slot racino, and Philadelphia’s smokefree air law includes casinos that will be constructed within city limits.

     Regarding Tribal Nations casinos, several in North America are 100% smokefree.   In addition, compact agreements are starting to include smokefree provisions. A Washington State compact agreement includes incentives for a 100% smokefree policy.  The recent Massachusetts bill to allow casinos, includes a requirement that the applicant, whether commercial or tribal, agree to provide 100% smokefree casinos.

      Smokefree gaming venues are successful in the northeast, and smokefree poker rooms continue to be popular across the Nation.  The Surgeon General’s report states it best, that the Delaware smokefree air law had no significant effect on casino revenues, and that “no peer-reviewed study using objective indicators… found an adverse economic impact of smoke-free laws on restaurants and bars.” (Ch. 10, p. 615-16).

     That Report also stated that in Massachusetts, charitable bingo profits were not negatively affected by local ordinances that required these locations to be smokefree; those profits were already decreasing prior to the ordinances taking effect.  

     That conclusion is consistent with Atlantic City’s situation.  Pennsylvania slot casinos started up in October 2006, sparking a decline in Atlantic City’s slot revenues.  It wasn’t until April 2007 that the local Atlantic City ordinance took effect, that allows up to 25% of the gaming floor to be smoking permitted.  Clearly, ordinance can’t be to blame for a downturn that started six months earlier.

     Plus, table games revenues in Atlantic City for year-end 2007 remained stable, indicating that most likely, the partial smoking ban did not impact table game revenues.  This is consistent with casinos finding it profitable to voluntarily make their poker rooms 100% smokefree, across the country.  

     Even Wall Street indicates that smokefree gaming is inevitable. In May 2007, the American Gaming Association stated that it will no longer oppose smokefree regulations.  U.S.-based gaming corporations are buying smokefree casinos stateside and overseas, and are branding their names onto smokefree casinos.  The new Revel Entertainment casino resort in Atlantic City is slated to be 100% smokefree, when it opens.  Several billion dollars are reported to be invested in Atlantic City in the next five years.

     Speaking of high consumer demand, 4 out of 5 gamblers (80%) do NOT smoke, which mirrors the nonsmoking rate of the general population.  Out of the 20% who do smoke, 70% want to quit, according to the Centers for Disease Control.  This means that almost 95% of the population doesn’t smoke, or if they do smoke, want to quit smoking.  

     These figures are consistent with a 2001 Mohegan Sun Casino’s customer survey result that the number one amenity that patrons would like is a smokefree gaming area, as reported by the Associated Press.  We certainly appreciate the commitment to create smokefree policies in some portions of the Connecticut Tribal gaming facilities, and encourage these facilities to be 100% smokefree.

     For some patrons and workers, however, 100% smokefree gaming venues is not just a requested “amenity”, but is a necessity.  Those who are breathing disabled, or have lung disease or heart disease cannot enter these facilities without risking their health, and perhaps their lives.  A few years back, a young nonsmoking waitress died from a fatal asthma attack, brought on by secondhand smoke in the bar she worked at in Michigan.

     This month, a nonsmoking casino dealer in Atlantic City was awarded $150,000 in workers compensation.  A table games dealer in Las Vegas reported in Self magazine that she “had to get sinus surgery, and co-workers are constantly suffering from bronchitis, sinus infections and allergies.”  Self ranks Las Vegas as the smokiest U.S. city to work and live in, in the USA, with 150,000 people working in casinos.

     Regarding options other than going 100% smokefree, ventilation is not a sound solution, nor is offering separate smoking and nonsmoking sections in a casino.  Both continue to expose workers and patrons to secondhand smoke.  The World Health Organization and the U.S. Surgeon General concluded that ventilation does not clean the air of secondhand smoke hazards, and therefore, 100% smokefree policies are the only means to protect workers and patrons.   

     Even with a ventilation system, before the secondhand smoke is vented, its first line of attack is the face and lungs of the casino workers and nonsmoking patrons.  Scientific air testing studies conducted in casinos in Rhode Island, Atlantic City, Illinois and Pennsylvania show just how serious the air quality is, due to secondhand smoke.  Even though Rhode Island’s casinos have separate gambling rooms for smoking and nonsmoking, the nonsmoking gambling rooms are still smoky, and both are exposing employees and nonsmoking patrons to a class A carcinogen.  

     Atlantic City’s ordinance allows smoking on up to 25% of the open gaming floor. The obvious result is that smoke wafts into and permeates the nonsmoking gaming areas.  Additionally, employee and patron complaints continue to persist.  Smoking takes place in the nonsmoking gaming areas, especially when the smoking-permitted table games and slot areas are commingled with, or next to nonsmoking table games and slot areas.   

     Casino workers also report that nonsmoking tables switch to smoking tables, and that the smoking-permitted areas can be smokier, since smokers tend to congregate in the smoking-permitted areas, regardless of whether or not they are gambling.

     Separate smoking and nonsmoking sections create employee scheduling issues.  Some Atlantic City casinos originally offered to create a volunteer list, for workers to sign up for shifts in the smoking-permitted gaming areas.  But once the ordinance took effect, to our knowledge, no volunteer lists were created, and employees were required to work in the smoky sections.  One employee had no choice but to quit her job, after her employer repeatedly refused to accommodate her medical needs based on her physician’s letter that she not work in the smoky section; the unemployment office deemed her leaving as a constructive discharge, and awarded her unemployment compensation.  

     Another employee with a cardiac condition had no choice but to take medical leave, due to the casino not accommodating him at a nonsmoking table area.  In response to these types of worker complaints once the 75/25 ordinance took effect in April 2007, Atlantic City’s City Council enacted a resolution, asking the state legislature to remove the casino gaming floors exemption, in part because creating smoking areas "place a greater burden on the employees who are forced to work in the smoking areas."

     Smoking in a casino also raises the obvious fire safety concern for patrons and workers that require portable oxygen tanks.  Manufacturers of portable oxygen tanks, and national fire prevention organizations, recommend that portable oxygen tanks not be used in a room and/or building where smoking takes place.  Not providing a safe public place and workplace for these individuals is unacceptable, and most likely inconsistent with internal safety codes and standards.

     100% smokefree casinos will encourage and support employees who try to quit smoking.  A casino that offers an employee smoking-cessation program, yet doesn’t provide for a smokefree workplace, undermines the integrity of their cessation program, and the employer’s sincerity in supporting quit-smoking efforts by their employees.

     Employers articulate that their employees are their most valued assets, to be provided with safe, healthful and clean work environments.  This message is in mission statements, employee handbooks, and codes of conduct.  Establishing 100% smokefree casinos is the action that breathes life into this message. 

     Thank you and NJ GASP greatly appreciates your efforts on this important health issue.


KAB/ms
Attachments

Additional specific attachments:

•    85% of Connecticut residents support 100% smokefree workplaces, August 2004.
•    80% of adult population does not smoke; 70% of smokers would like to quit.
•    Washington State compact excerpt re: 100% smokefree casinos incentive, February 2007.
•    Massachusetts bill to establish casinos, requires 100% smokefree facilities, October 2007.
•    Atlantic City City Council resolution that ordinance to allow 25% of gaming floors is not working for employees, June 2007.
•    Pennsylvania slot casinos have impacted Atlantic City revenues for 13 months, Gaming Industry Observer, February 25, 2008.