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Norfolk Casino to Allow Indoor Tobacco Smoking, Retain Amtrak Parking

The developers behind the Norfolk casino project say indoor smoking will be allowed in designated areas of the gaming floor. The group has also pledged to retain free parking for Amtrak train passengers.

Norfolk casino Amtrak Virginia
The developers of the Norfolk casino say free parking for Amtrak passengers will remain once the resort is completed. The casino will also allow indoor smoking in certain areas. (Image: Amtrak)

Details about the reworked Norfolk casino continue to come to light. The biggest development of late is that the Pamunkey Indian Tribe has attracted Las Vegas-based Boyd Gaming to co-develop the resort.

The federally recognized tribe was previously partnered with Tennessee billionaire Jon Yarbrough for a tribal casino about 60 air miles north of Norfolk on sovereign land. After Virginia legalized casinos in five cities in 2020, with Norfolk among the designations, city officials struck a deal with the tribe for it to develop a commercial casino in the Hampton Roads city instead of a tribal undertaking.

Yarbrough has no experience building a casino but instead made his vast wealth through manufacturing gaming machines tailored for tribal venues. Yarbrough recently agreed to sell his 80% stake in the gaming partnership with the Pamunkey Tribe to Boyd.

Resort Details

Last week, the Norfolk City Council signed off on the amended casino agreement to include Boyd and remove Yarbrough. Boyd will now help the tribe raise capital to construct what’s expected to be an investment of more than $500 million to open a casino resort along the Elizabeth River adjacent to the city’s Harbor Park Minor League Baseball stadium.

The casino consortium has agreed to retain free parking for Amtrak customers. The resort’s 1,300-space parking garage will designate a minimum of 103 spaces for Amtrak riders.

During construction, Boyd and the tribe have also committed to providing a shuttle service for ticketed Amtrak passengers from a temporary parking area that’s yet to be determined.

The Norfolk Amtrak station is located just south of Interstate 264 on the eastern edge of the baseball stadium’s parking lot. The casino’s development agreement with the city will see Boyd and the Pamunkey Tribe, operating as Golden Eagle Consulting II, LLC, acquire a little more than eight acres of the city-owned parking lot for $10 million.

The original plan was to purchase 13.5 acres but the resort site shrunk after the federal and state governments announced an infrastructure plan that will include constructing a 17-foot-high seawall along the riverbank. The project will result in reduced land.

Smoking Allowed

Virginia’s 2009 Clean Air Act banned indoor smoking in most workplaces and public settings. But, the statute provides exemptions for parimutuel racetracks and off-track betting parlors. The 2020 commercial gaming law grandfathered casinos into the smoking loophole, too.

As a result, casinos in Virginia can allow smoking anywhere. Boyd reps say smoking will be allowed in the forthcoming Norfolk casino.

We want to create an enjoyable environment for everyone, smokers and nonsmokers,” said Uri Clinton, executive vice president of Boyd Gaming. “Today’s technology allows for that to happen.”

The latest Norfolk casino blueprint suggests utilizing “best-in-class ventilation systems” to keep as much of the secondhand smoke out of supposedly nonsmoking areas. The CDC, however, says the only way to adequately protect casino workers and guests from secondhand smoke is to implement a floorwide smoke-free policy.

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UAW to Withdraw from AFL/CIO After Court Ruling on Atlantic City Casino Smoking

New-Jersey-Dealers-Union-Withdraws-from-AFLCIO-Over-Casino-Smoking-DecisionThe fallout from a court ruling allowing indoor smoking in Atlantic City casinos took a new turn on Wednesday, with the United Auto Workers (UAW) announcing plans to withdraw from New Jersey’s AFL-CIO. This decision comes after other unions, including Local 54 of UNITE HERE, supported the continuation of indoor smoking, much to the dismay of the UAW.

During a joint press conference held by Casino Employees Against Smoking Effects (CEASE), UAW Region 9 Director Dan Vicente expressed frustration over the court’s ruling, which dismissed a lawsuit aimed at halting indoor smoking in casinos. The group, which represents table game dealers and casino workers opposed to indoor smoking, had argued for an injunction based on public health concerns.

Union Conflict Over Smoking Legislation

The UAW’s decision to withdraw stems from their dissatisfaction with other unions that support the smoking exemption. Local 54 of UNITE HERE, representing casino employees in non-dealing roles, supports a compromise backed by the Casino Association of New Jersey, which allows smoking on 25% of the gaming floor but makes working in smoking areas voluntary.

Local 54 filed a brief opposing the lawsuit seeking to end the smoking exemption, leading to growing tension within the union community. New Jersey Governor Phil Murphy previously stated he would sign any bill that bans indoor smoking at casinos, but the legislature has yet to take up the issue.

Commenting that he will be pulling the UAW out of the AFL-CIO of New Jersey over this issue which he described as “moral, health, and safety issue”, Vicente announced as follows:

“I cannot express how furious our institution is at the Jersey state-level AFL and the other unions that filed an injunction status against us.”

The New Jersey Superior Court ruling on Friday, which supported the current exception in the 2006 Smoke-Free Air Act, allows casinos to maintain smoking on 25% of their gaming floors. The UAW had filed the lawsuit, arguing that workers had a constitutional right to breathe smoke-free air, but the judge ruled against this claim, stating that the “right to safety” was not well-established.

Moving Forward Amid Tensions

While Vicente remains determined to pursue the case at the state’s highest court, he acknowledged that legislative options are also being explored.

“We plan to escalate the situation in New Jersey. But understanding that this is an election year, we have a lot of national coverage right now in the union. … We plan to try to put as much pressure on the legislature as we can.”

The UAW’s decision to withdraw from the state AFL-CIO chapter marks a significant escalation in the fight against indoor smoking at Atlantic City casinos, with no resolution yet in sight.

Smoking Ban Efforts Continue

Despite the court ruling, efforts to pass a smoking ban continue. State Senator Joe Vitale, who chairs the Senate Health Committee, said he will push the bill to the Senate floor.

“This has been an effort over the years to try to right this wrong, and we’re getting closer and closer. We’re clearly very disappointed in the judge’s ruling. I don’t know why it is that casino workers can’t have an expectation of safety… I think it’s certainly wrong, and anyone who is fair-minded, I think, agrees.”

CEASE plans to intensify its campaign to raise awareness of the health risks casino workers face. Cynthia Hallett, president of Americans for Nonsmokers’ Rights (ANS), said that CEASE will launch a digital media blitz, including a campaign called “Kids of CEASE,” which will air in key New Jersey districts.

SOURCE:

“UAW to pull out of AFL-CIO over New Jersey casino smoking loophole” by P. Kenneth Burns, whyy.org, September 4, 2024.

“New Jersey’s dealers’ union pulling out of Atlantic City after smoking decision” by Frenk Legato, igamingbusiness.com, September 4, 2024.

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Atlantic City Casino Smoking to Remain, as New Jersey Judge Dismisses Lawsuit

Atlantic City casino smoking will remain after a judge in New Jersey dismissed a lawsuit challenging the state’s permittance of tobacco use on the gaming floors.

Atlantic City casino smoking New Jersey
A gambler plays a slot machine while smoking a cigarette at Ocean Casino Resort in Atlantic City on Nov. 29, 2023. A New Jersey judge has ruled that casino smoking does not violate protections afforded to workers under the New Jersey Constitution. (Image: AP)

New Jersey’s 2006 Smoke-Free Air Act banned indoor tobacco use in most indoor places other than private residences. The law provided some exemptions, with licensed casinos in Atlantic City being allowed to designate up to 25% of their gaming areas for tobacco use.

The United Auto Workers, which represents table game dealers, workers who are most exposed to secondhand smoke, and CEASE — Casino Employees Against Smoking’s Effects — challenged the 2006 law on the grounds that casino workers’ rights to personal health safety protections under the New Jersey Constitution were being violated. New Jersey Superior Court Judge Patrick Bartels disagreed in dismissing the claim.

“Because of the publicly known risks of secondhand smoke, that smoking has never been banned in casinos except for a short period during COVID-19, that the Smoke-Free Air Act’s exceptions only affect a few industries, and that the Smoke-Free Air Act does not hinder or affect a person’s ability to seek work in a smoke-free environment, it cannot be said that the New Jersey Legislature’s actions in providing exceptions to the Smoke-Free Air Act restricts the casino workers’ right to pursue safety under the New Jersey Constitution,” Bartels wrote in his opinion published Friday.

Each of the nine casinos in Atlantic City takes advantage of its smoking allowance. Critics say smoke knows no boundaries and dangerous, toxic secondhand smoke permeates the casino areas.

Odds Favor Appeal 

Attorney Nancy Erika Smith argued on behalf of CEASE and the UAW. She said an appeal to the New Jersey Supreme Court is forthcoming.

While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself,” Smith said. “As long as the governor, the legislature, and the courts allow the extremely rich casino industry to poison its workers, we will continue our fight.”

CEASE cofounder Lamont White said the “fight is far from over.” White hopes the court ruling will bring more enthusiasm to Trenton for state lawmakers to support bipartisan legislation to amend the Smoke-Free Air Act to rescind the casino smoking exemption.

Legislation last year in each legislative chamber had more than enough cosponsor support to force the casinos to go smoke-free. But Democratic leadership reportedly stalled the measures because of the November 2023 election where all 120 seats were on the ballot.

However, after retaining their majority in both chambers, the smoking bills still didn’t progress. Some of the 2023 support was subsequently lost after the casino industry, as well as a union that represents casino workers in nongaming roles, said a smoking ban would cost thousands of jobs and possibly result in a casino closing. 

Casinos Celebrate

For now, Bartels’ ruling is a win for the nine Atlantic City casinos. The retaining of smoking comes as Atlantic City’s casinos last week revealed that their operating profits slid nearly 2% in the second quarter despite increased revenue.

We are gratified by the court’s decision to dismiss the plaintiff’s complaint and deny its attempt to change the Smoke-Free Air Act outside of the legislative process,” said Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey. “We look forward to continuing to work with stakeholders towards a solution that addresses the health concerns of our employees, while also protecting the collective interest and well-being of the entire Atlantic City workforce.”

Commercial casinos/racinos operate in 28 states. Seventeen allow indoor smoking.

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Pennsylvania Casino Smoking Targeted in New State Legislation

Pennsylvania Rep. Dan Frankel (D-Allegheny) is no fan of smoking exemptions for certain businesses like casinos. For a second year in a row, the Allegheny County Democrat has introduced legislation in the Harrisburg capital that seeks to end the smoking loopholes for casinos and other venues currently immune from the state’s indoor smoking law.

Pennsylvania casinos smoking gaming
Cigarettes and cigars inside Pennsylvania casinos are being threatened by recently introduced state legislation. State Rep. Dan Frankel (D-Allegheny) thinks the state’s brick-and-mortar casinos should be forced to go entirely smoke-free. (Image: Shutterstock)

Pennsylvania passed its Clean Indoor Air Act in 2008. The law prohibits indoor smoking in most public spaces and workplaces. However, the law that was signed by Gov. Ed Rendell (D) provides certain exceptions for casinos, cigar lounges, private clubs, and bars where alcohol generates the bulk of the establishment’s revenue.   

Frankel doesn’t believe casino workers should be subjected to working in toxic environments where secondhand smoke is prevalent. Though Pennsylvania casinos are limited to allowing indoor smoking on only half of their gaming floors, health experts say dangerous secondhand smoke lingers into the supposed nonsmoking areas.

Government Action Needed

Pennsylvania is home to 18 brick-and-mortar casinos. Only Parx Casino in Bensalem, north of Philadelphia, and Rivers Casino Philadelphia in the city proper are fully smoke-free casinos. The rest have maintained designated smoking sections on their casino floors.

Frankel says the majority of the casinos seem intent on keeping smoking. And the state Democrat feels that’s unfair to employees and guests who don’t light up.

Pennsylvanians should not have to choose between their jobs and their health. Despite a growing body of evidence suggesting that smoke-free environments attract more customers — not fewer — these businesses have not banned smoking on their own,” Frankel said in his newsletter this week.

Frankel last week filed House Bill 1657. The statute seeks to amend the Clean Indoor Air Act by repealing certain provisions that allow casinos and other businesses and clubs to permit indoor smoking.

HB 1657 has been directed to the House Health Committee, which Frankel chairs. The committee is set to meet this Wednesday, Sept. 20, to consider the smoking bill.

Casino Workers Rejoice

For the many Pennsylvania casino workers seeking a clean-air workplace, Frankel’s introduction of the anti-casino smoking bill was welcomed news. The Pennsylvania chapter of CEASE — Casino Employees Against Smoking Effects — said the bill poses the opportunity to save lives.

We thank Rep. Frankel for introducing legislation that we know will save our lives,” said Jen Rubolino, a table games dealer at Rivers Casino and the co-lead of CEASE PA. “Too many of us have been left to deal with the dangerous effects of secondhand smoke including cancer, asthma, and heart disease. It’s time to finally close the casino smoking loophole to protect our health.”

Casino smoking remains in nearby Atlantic City and in West Virginia. But casinos in the four other states that border Pennsylvania — Ohio, Maryland, New York, and Delaware — fully prohibit indoor smoking.

In research published in February, the U.S. Centers for Disease Control and Prevention’s Office on Smoking & Health concluded that smoke-free casino sections still have “elevated levels of Particulate Matter.”

“Despite robust evidence about the harms of secondhand smoke, tens of thousands of casino employees and tens of millions of tourists are exposed to high levels of secondhand smoke in Las Vegas casinos annually,” said Office on Smoking & Health Policy Team Lead Michael Tynan. “The only way to protect people from secondhand smoke exposure is to prohibit smoking in all indoor areas.”

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Missouri Casinos in St. Louis County Retain Smoking After Ordinance Extinguished

Missouri casinos in St. Louis County were facing a potential smoking ban after local government officials motioned to prohibit indoor smoking at the two gaming venues.

Missouri casinos smoking St. Louis County
A smoker puffs on a cigarette while a person in the background covers their face in an attempt to avoid secondhand smoke. Missouri casinos in St. Louis County will continue allowing indoor smoking on certain sections of their gaming floors after local officials decided against an indoor smoking ban. (Image: Adobe Stock)

St. Louis County borders the independent city of St. Louis. The county is home to two commercial casinos, Hollywood Casino St. Louis in Maryland Heights, and River City Casino Lemay. Both properties are operated by Penn Entertainment, which was Penn National Gaming until a year ago this month when the Pennsylvania-based gaming firm underwent a rebranding.

Dr. Kanika Cunningham, the county health department director, encouraged the casino smoking ban to be implemented. Currently, the two casinos can designate up to 30% of their gaming floors for indoor smoking.

Even if there are partial smoking restrictions, there’s no way to allow for smoke-free air,” Cunningham said before the council in May. “The current ventilation systems can reduce the odor but it does not reduce the level of hazardous exposure.”

Officials representing Penn Entertainment took the other side and petitioned the St. Louis County Council to vote against the proposal to eliminate indoor casino smoking. The company argued that such a regulation would place its two Missouri casinos at a competitive disadvantage with casinos elsewhere in the Show-Me State, including casinos in St. Louis proper and East St. Louis, Il.

Penn’s argument resonated, as the County Council shelved the no-smoking ordinance during its Tuesday night meeting.

Hollywood Casino reported to the Missouri Gaming Commission having 685 employees at the end of 2022. River City reported 610 employees.

Patchwork Smoking Regulatory Environment

Missouri lawmakers took a bit of an atypical approach to regulating indoor smoking when they passed the state’s Clean Indoor Air Law in 2002. The statute prohibits indoor tobacco use in most public and private places, including workplaces, most retail and commercial establishments, schools and places of learning, restaurants that don’t derive the majority of their revenue from alcohol or tobacco sales, childcare facilities, and health care facilities.

Exemptions were provided for bars and taverns, bowling alleys, billiard parlors, and gaming venues like casinos. The state law tasked counties and municipalities with determining whether to allow smoking inside those kinds of businesses. The state statute does limit indoor smoking to no more than 30% of the total indoor floor space.

The state law doesn’t require exempt places from offering indoor smoking areas.

Competitive Landscape

Missouri is home to 13 riverboat and land-based casinos, and all remain with indoor smoking sections. Penn’s two properties are among the most successful of the baker’s dozen of casinos.

During the state’s 2023 fiscal year that ended June 30, River City generated gross gaming revenue (GGR) of more than $254.8 million. That ranked second in the state behind only Ameristar Casino Resort St. Charles at $303 million. Penn’s Hollywood Casino ranked third at approximately $243.6 million.

Casinos share 21% of their gross gaming income with the state and, additionally, pay a $2 per person admission tax. River City counted about 4.1 million patrons during the 12-month period, while Hollywood Casino welcomed about 3.7 million guests.

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