State Sen. Jane Orie said yesterday she will push on two fronts to resolve Allegheny County's quandary over its attempt to ban smoking in public places.
Ms. Orie, R-McCandless, intends to introduce a bill in Harrisburg that would give the county the power to decide whether it should allow smoking in Pittsburgh's slot machine casino.
County Council on Tuesday overwhelmingly approved a ban on all smoking in public places. That same day, though, the state Senate amended the slots bill to allow smoking at all casinos statewide. As a result of that exception for casinos, the county may rescind its law.
Ms. Orie said she also will renew the effort to adopt a statewide ban on smoking in public places. A bill has been lagging in committee for several years.
The move to allow smoking in casinos was a last-minute addition to a series of slots amendments intended to toughen oversight of casino ownership, eliminate the requirement for slot machine supply companies and prevent ownership involvement by elected officials, Ms. Orie said.
Rather than amending that legislation again -- which could jeopardize changes she considers vital -- Ms. Orie said she would introduce a separate bill to allow Allegheny County to decide whether to allow smoking in casinos.
"The last thing I want to do is see gambling reforms implode because of this issue," she said. "Let's deal with Allegheny separately."
Allegheny County's smoking ban ran straight into a red-hot national issue: whether to allow smoking in casinos.
Thirteen states -- California, Delaware, Florida, Idaho, Maine, Massachusetts, Montana, New York, Rhode Island, South Dakota, Utah, Vermont and Washington -- have banned casino smoking. Some in the gaming industry point to a 2002 study in Delaware that showed a 10 percent decline in business after the ban was imposed there, but anti-smoking groups say the study was done during a stormy winter season and the decline didn't last.
Some areas, including New Jersey, have a hybrid situation. Smoking was banned in April at New Jersey bars and restaurants, including those at casinos, but it remains legal on the casino floors. Bar/restaurant patrons there can slip into the casino for a quick smoke, then return to their drink or meal, which has caused some decline in non-casino bars and restaurants in Atlantic City, said Joseph Weinert of Spectrum Gaming Group, an industry analyst.
Casino operators are wrestling with how to deal with smoking gamblers, who make up 40 percent of their business, nearly double the general smoking population, Mr. Weinert said. Some facilities have installed expensive air filtration systems in an effort to make the environment acceptable to everyone, he said.
Ohio County, W.Va., has a similar hybrid. Officials there exempted gaming establishments from the tobacco ban they implemented 15 months ago, because if they hadn't, state legislators might have pre-empted the whole effort, said Dr. William Mercer, Wheeling-Ohio County health officer.
So they permitted smoking on the gambling floor, but worked out a compromise so that casino restaurants would be smoke free.
"It's not perfect," the doctor said. "Any exemption you have causes problems." In the first month or two, smokers didn't go to their usual haunts "as kind of a protest," as he put it.
"But after two or three months, they all go back," Dr. Mercer said. "They get used it and they step outside [to smoke]."
Isle of Capri, which has proposed an Uptown casino with the Pittsburgh Penguins, said it would adapt to whatever smoking law is in place. Harrah's, which is part of a casino proposal at Station Square, and Detroit businessman Don Barden, who wants to put a casino on the North Shore near the Carnegie Science Center, couldn't be reached for comment.
"We believe [smoke-free casinos are inevitable] because that's the direction people want to go," said Les McMackin, a spokesman for Isle of Capri. "It's consumer preference, so that's what we will do."
Ms. Orie sent a letter yesterday seeking co-sponsors for an Allegheny County exception to the rule allowing casino smoking. She and the other five Allegheny County senators also signed a letter asking Sen. Jake Corman, R-Centre, chairman of the Public Health and Welfare Committee, to take action on a statewide smoking ban.
Chief Executive Dan Onorato and County Council President Rich Fitzgerald, who have been considering a repeal of the county smoking ban, said they support Ms. Orie's efforts. Mr. Onorato and Mr. Fitzgerald say without changes, they may rescind the local law because it would create unfair competition for local bars and restaurants if patrons could smoke in the casino but not in their businesses.
"Dan said, 'I think [the Orie proposals] are both good approaches and I would be happy with either of them passing,'" said Kevin Evanto, Mr. Onorato's spokesman.
Speaking after a taping of the "KD-PG Sunday Edition" television show, Mr. Fitzgerald said either of Ms. Orie's approaches would resolve the issue. He said the county also could allow the smoking ban to go into effect and deal with the issue later, since the casino may not open for a year or more.
Kevin Joyce, owner of The Carlton restaurant Downtown and president of the state restaurant association, said during the taping that his group favors dealing with the issue on a statewide basis and supports a statewide ban on smoking in public places. "KD-PG Sunday Edition" can be seen on KDKA-TV at 8:30 a.m. tomorrow.
It's questionable how much support there would be in the Legislature for either of Ms. Orie's approaches.
"Sen. Orie was the leader on the gambling reform bill, and if she thinks it's important to look at a carve-out for Pittsburgh then there's going to be some support for that in the caucus," said Erik Arneson, spokesman for Senate Majority Leader David Brightbill, R-Lebanon. "
Stephen Miskin, spokesman for House Majority Leader Sam Smith, R-Punxsutawney, does not expect either bill to come to a vote in the House.
"A smoking ban is another government intrusion on private business," Mr. Miskin said. "If you go around the state, there are already enterprises that say 'No smoking allowed.' If people don't want to go in there, it's their choice."
Mr. Onorato has until Thursday to sign or veto the county smoking ban. If he does neither, the ban would become law and go into effect 90 days from then.
