Kansas Commercial Casinos: New Bill Aims to End Indoor Smoking Loophole

Image: A video poker player celebrates a royal flush with a cigar.

Kansas casinos currently allow indoor smoking within their premises, a practice that state lawmakers are now attempting to change. Two bills have been introduced in the Kansas Legislature, aiming to close a loophole in the state’s clean air law that has allowed secondhand smoke to permeate casino floors since 2010.

The Loophole Explained

The Kansas Indoor Clean Air Act, enacted in 2010, generally prohibits smoking in indoor public spaces and workplaces. However, the law contains a specific exemption for “gaming floors of lottery gaming facilities or racetrack gaming facilities.” This carve-out has allowed the four commercial casinos in Kansas – Boot Hill Casino & Resort, Kansas Star Casino, Hollywood Casino at Kansas Speedway, and Kansas Crossing Casino – to permit smoking anywhere gaming is taking place.

New Legislation: Senate Bill 176 & House Bill 2252

Both Senate Bill 176 and House Bill 2252 are identical proposals recommended by their respective committees. If passed, these bills would remove the gaming floor exemption from the Kansas Indoor Clean Air Act, effectively making the four commercial casinos smoke-free environments.

What the Bill Would Change

The proposed legislation has a wide-ranging impact:

• No Smoking on Gaming Floors: Smokers would be required to smoke outdoors.
• No Designated Smoking Areas in Hotels: Hotels would lose the ability to designate up to 20% of their guestrooms as smoking areas.
• Cigar Dinners Prohibited: Charity events featuring cigar dinners would no longer be permitted.
• Restrictions on Medical Research: Medical facilities conducting research into tobacco use would not be allowed to offer enclosed smoking rooms to participants.

Support from Casino Employees

The push for a smoke-free casino environment is being spearheaded by CEASE (Casino Employees Against Smoking Effects), a coalition of casino workers advocating for cleaner indoor air quality. CEASE has chapters in several states where casino smoking remains legal, and the organization is celebrating the introduction of these statutes in Kansas.

“We’ve been breathing secondhand smoke on the job for years while lawmakers drag their feet – it’s unacceptable,” said Joe Hafley, a security officer at Hollywood Casino at Kansas Speedway and founder of CEASE Kansas and Missouri. “No other workplace in Kansas forces employees to inhale toxic air.”

Hafley emphasized that casino employees deserve the same health protections as workers in other industries. He noted that since the first commercial casino opened in Kansas in December 2009, employees have been exposed to secondhand smoke.

Economic Impact & Tribal Casinos

Commercial casino revenue in Kansas has seen significant growth since the COVID-19 pandemic, returning to levels higher than those of 2019. In 2019, these four casinos generated approximately $416 million in revenue from players. This figure rose to $588 million in 2023.

It’s important to note that the proposed legislation would not apply to Kansas’ six tribal casinos. These casinos operate on sovereign Indian lands, which are exempt from most state laws. The tribal casinos currently allow indoor smoking on their gaming floors.

Kansas Tribal Casinos

The following tribes operate casinos in Kansas:

• Wyandotte Nation: 7th Street Casino (Kansas City) and CrossWinds Casino (Park City)
• Iowa Tribe of Kansas and Nebraska: Casino White Cloud
• Kickapoo Tribe: Golden Eagle Casino (Horton)
• Sac and Fox Nation: Sac and Fox Casino
• Prairie Band of Potawatomi: Prairie Band Casino (Mayetta) – the largest tribal casino in Kansas.

Conclusion

The debate over smoking in Kansas casinos has resurfaced with the introduction of new legislation aimed at closing a long-standing loophole in state law. If these bills pass, the four commercial casinos will be required to implement a smoke-free environment, aligning them with the state’s broader efforts to protect public health and workplace safety. While tribal casinos will remain exempt, this move represents a significant step towards creating cleaner air for casino employees and patrons across Kansas. This change is expected to improve the overall casino experience and address concerns about the health risks associated with secondhand smoke.