By JACK ELLIOTT JR., Associated Press Writer
July 21, 2008 10:39 am
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A Washington County judge has struck a blow for smokers’ rights.
Circuit Judge Richard Smith told the city of Greenville that it could not ban smoking in bingo halls without the same prohibition in casinos.
The ruling creates a quandary for other cities across Mississippi where public smoking bans have taken effect. The dozen or so other municipal anti-smoking ordinances don’t appear to mention bingo halls specifically but much could depend on how broadly another judge rules on the definition of a public place.
Rep. John Hines, D-Greenville, sought in the 2008 regular session to rectify the conflict in Greenville. His bill, which died in a House committee, would have directed the Mississippi Gaming Commission to adopt a rule addressing smoking in places where gambling is legal.
Hines said local bingo operators felt they were being picked on.
“Their feeling was if you are going to let casino customers smoke freely then you ought to allow the bingo halls to have the same,” Hines said.
Hines said the revenue from the bingo hall operated by the Southern AIDS Commission, which brought the legal action against Greenville, went to help food pantries for the poor and to help with medication and counseling for those with AIDS. He says it saw a drop in revenue once the ordinance took effect.
“I agree that the health care issues that come with smoking are astronomical but people who choose to smoke are going to smoke. If there is an entity that can offer to help solve other health care issues ... sometimes you just have to take the good with the bad.”
Smith’s ruling says the city must treat casinos and bingo halls the same way. The judge says Greenville’s ordinance was a violation of the Equal Protection Clause under both the state and U.S. constitutions.
The city of Greenville opted to take bingo halls out of the ordinance rather than appeal Smith’s ruling.
However, the city had argued it could not include casinos because they’re regulated by the Gaming Commission.
Alonzo Dukes, executive director of the Southern AIDS Commission, says the Gaming Commission also regulates bingo.
“To exempt one or the other, means people’s interest in games of chance will move from one to the other. It was a fairness issue and the judge agreed with us,” Dukes said.
The Gaming Commission has no regulation on smoking in casinos or bingo halls. It hasn’t been asked for any, says commission executive director Larry Gregory.
“We typically leave that up to the city and county governments to address the smoking bans,” Gregory said.
The issue is one with which casinos are familiar.
Nevada has banned smoking since 2006 but exempted casinos. Colorado and Illinois both banned smoking in casinos this year.
In Atlantic City, a local ordinance will prohibit smoking on casino floors after Oct. 15. The city will give casinos the option to build enclosed, ventilated smoking lounges away from table games and slot machines.
Since 2006, the American Gaming Association, the industry’s trade organization, has pushed casino operators to adopt improved air filtration systems that can suck up smoke and blow in fresh air. Some have spent millions to do so.
In Mississippi, smoking has been prohibited in all publicly owned buildings since July 1, 2006. That means city halls, county courthouses and state government buildings and buildings leased by local governments are smoke-free.
Smoking is not allowed in buildings used by the universities and junior colleges for student instruction, including classrooms, auditoriums, theaters, laboratories, hallways and restrooms.
No prohibition on casinos, however — or bingo halls.
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