West Virginia: Kanawha Health Board opens public comment on casino smoking exemption request

Residents of Kanawha County, West Virginia, will have an opportunity to voice their opinions on a proposal by Mardi Gras Casino in Nitro to allow indoor smoking in a designated area, despite the county’s long-standing smoking ban.

On Thursday, the Kanawha-Charleston Board of Health voted to open a 30-day public comment period regarding the casino’s request for an exemption from the county’s clean indoor air regulations. Casino operator Delaware North has proposed converting a closed-off section of the facility, housing approximately 150 slot machines, into a smoking area with its own HVAC system designed to prevent smoke from affecting the rest of the venue.

Delaware North representatives first brought the request before the board last fall, arguing the move would help the casino stay competitive with other regional gaming establishments. According to the company, Sandy’s Racing & Gaming in Ashland, Kentucky, currently allows smoking in an area with 190 slot machines.

“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,” a company spokesperson previously told West Virginia Watch.

Board members expressed differing opinions on the proposal. Dr. Arthur Rubin, a retired pediatrician and longtime health board member, opposed any change to the county’s Clean Indoor Air Act.

“At the end of the day, for me, I’m still not in favor of an amendment to our Clean Indoor Air Act,” Rubin said. “I am not in favor of anything that helps to facilitate smoking indoors.”

Fellow board member Danita Nellhaus also voiced opposition, while board president Jeremy Nelson said it was important to gather input from the public before reaching a conclusion. “I think cutting it down before we hear from the public sends an awful strong message from this board that we’re not open for business,” Nelson said.

Kanawha County has banned smoking in most public and indoor workspaces since at least 2008. The regulation was expanded in 2020 to include indoor vaping. By contrast, the Wheeling-Ohio County regulation exempts the Wheeling Island Hotel, Casino & Racetrack, another Delaware North property.

Health organizations have come out against the proposal. In a joint letter dated November 12, 2024, the American Cancer Society, American Lung Association, and West Virginia State Medical Association warned that smoke-free policies remain the most effective ways to protect people from the risks of secondhand smoke

Secondhand smoke has been proven to cause heart disease, emphysema, stroke, sudden infant death syndrome, and cancer, the letter warned.

The Centers for Disease Control and Prevention (CDC) and U.S. Surgeon General have echoed these concerns, asserting that separating smokers from non-smokers or ventilating indoor spaces does not eliminate health risks.

Nathan Nelson, a staff representative for the United Steel Workers, the union representing dealers at the casino, said the union is monitoring the situation closely. “As we begin negotiations on a new contract in the coming months, we intend to bargain with management over the potential health impacts,” he said.

The public comment period began on Monday, March 24, and ends on May 2. Comments must include the sender’s name and a Kanawha County address and can be submitted via email to [email protected] or by mail to the Kanawha-Charleston Board of Health, P.O. Box 927, Charleston, WV 25323. Comments received before the start date or submitted by phone will not be accepted.