(Formerly NCDA / NFGE)



Friday, March 02, 2001
Las Vegas Review-Journal

Bill would mandate nonsmoking rules in casinos

By SEAN WHALEY 
DONREY CAPITAL BUREAU


CARSON CITY -- Health officials and anti-smoking groups squared off with the gaming industry Thursday over a bill that would mandate creation of nonsmoking sections in casino gambling areas for employees and customers. 

"No worker should be forced to sacrifice his or her health to maintain a job," said Jeanne Palmer of the Clark County Health District. "We urge passage of this bill to protect workers" from environmental tobacco smoke. 

Larry Matheis, executive director of the Nevada State Medical Association, said Nevada is known nationally for poor health policies on tobacco use. He urged lawmakers to use Assembly Bill 159 by Bob Price, D-North Las Vegas, to craft a policy dealing with the issue of second-hand tobacco smoke. 

"We have the worst numbers in the country on tobacco use by our residents and tobacco illnesses related to it," he told the Assembly Judiciary Committee. "There are people in this room who have suffered from tobacco-related illness. 

"So what I would encourage is to look at what Mr. Price has put on the table and not to dismiss it out of hand," he said. 

But Harvey Whittemore, a Reno attorney and lobbyist representing the Nevada Resort Association and the R.J. Reynolds Tobacco Co., said adults make the choice to visit a casino where smoking is allowed. 

"Let's be frank. By our own experience, we know that many of the visitors to our state are smokers," he said. "If there was this huge public out there that was suggesting that we want to visit a nonsmoking-only facility, the three or four failed experiments of designating entire casinos as nonsmoking would have succeeded." 

Whittemore said the casino is interested in the health and welfare of its employees and visitors. But any suggestion that the industry is exposing itself to lawsuits by allowing smoking is contradicted by years of Nevada legal rulings, he said. 

The comments about potential liability were made by Jack Lipsman, a member of the National Federation of Gaming Employees and a plaintiff in a lawsuit against major tobacco companies in U.S. District Court regarding second-hand smoke in casinos and its effects on casino employees. 

Lipsman, who testified from Las Vegas, said that without acknowledging the known dangers of tobacco smoke and doing something about it, lawsuits from gamblers are inevitable. 

"Let's take a step to show we're aware of the problem and we're going to do something about it," he said. 

But Whittemore said Nevada has a history of making people responsible for their own actions. 

"Whether we like it or not, individuals who choose to work in the gaming industry know the circumstances under which they choose to work," he said. "They're working in an environment where we try to satisfy patrons' desires and that includes the ability to smoke when those patrons choose to do so." 

The committee took no action on the measure. 

Past efforts to bring nonsmoking rules to casinos have failed. 

Under state law, smoking is banned in public buildings, buses, lobbies, doctors' offices, grocery stores and day care centers. Restaurants with more than 50 seats must offer nonsmoking sections. The law also states that a business deriving more than 50 percent of its gross receipts from the sale of alcoholic beverages or from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
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This story is located at:
http://www.lvrj.com/lvrj_home/2001/Mar-02-Fri-2001/news/15553712.html


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