Senator proposes casino smoking ban during debate on gambling bill

A smoking debate flared up today during a Senate subcommittee discussion of a gambling bill.

Sen. Matt McCoy, D-Des Moines, offered an amendment seeking to extend the state's workplace smoking ban to include Iowa's 18 state-licensed riverboat and racetrack casinos. He said it was time to end the “double standard” by closing a loophole that has exempted the gambling area of state-licensed casinos from the Clean Air Act that applies to bars, restaurants and virtually all work environments in Iowa.

“This industry is not a sacred cow,” said McCoy, who pointed to public-opinion surveys of Iowans that supported his position.

However, Sen. Bill Dotzler, D-Waterloo, who managed Senate File 458 in the Senate Ways and Means subcommittee, declined to accept amendments at the subcommittee level, saying the issues could be taken up by the full committee when it considers the issue – possibly later today. He said the smoking amendment, if adopted, likely would be a “poison bill” that would kill the measure that seeks to establish state-regulated online poker and end a periodic referendum requirement for counties that have authorized casino wagering.

WesEhrecke of the Iowa Gaming Association – an umbrella organization for the state-licensed riverboat and racetrack casinos, said his industry opposes the measure, saying smoking bans have cut revenue by 25 percent to 30 percent in other states where they've been enacted and warned the impact would be a $69 million hit to the Iowa industry. He said a smoking ban at state-licensed casinos would put them at a competitive disadvantage with tribal-run casinos operating in Iowa under federal compact that exempts them from certain state laws.

However, tobacco opponents countered that polling data show that 14 percent of Iowans surveyed indicated they would be more likely to go to a casino if the facility was completely smoke-free, while only four percent said they'd be less likely to patronize a casino if they were unable to smoke while gambling.

Sen. Roby Smith, R-Davenport, was the only member of the five-person Senate subcommittee to oppose the measure, saying that ending the 8-year referendum requirement would be “pulling the rug out from under our constituents.” He also questioned whether the state could adequately regulate online poker in a manner that would prevent minors and intoxicated adults from engaging in an activity from which they would be barred at state-licensed casinos.

Proponents of the legislation said that kind of activity already could be offering via online poker web sites offering games illegally via off-shore operations. They estimated that up to 150,000 Iowans could be playing online poker now with no consumer protections from the state that would prevent them from being cheated.

“I think it's time the state of Iowa regulate it and make sure Iowans aren't cheated or ripped off,” Dotzler said.

McCoy supported the measure in subcommittee but said he planned to offer amendments to require that the poker “hub” operator undergo a request for proposal (RFP) process and provide other safeguards if the state is going to expand into online poker wagering.