Kansas Casinos Allow Smoking, State Lawmakers Propose Extinguishing Loophole

Posted on: February 14, 2025, 08:23h. 

Last updated on: February 14, 2025, 08:39h.

Devin O'Connor @CasinoorgDevinO Read More

Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.

• Kansas casinos allow indoor smoking
• Legislation to end the casino smoking loophole has been introduced
• A casino smoking ban wouldn’t apply to Kansas’ six tribal casinos

Kansas casinos permit indoor smoking anywhere on the four commercial gaming floors, but new legislation in the Topeka capital seeks to move secondhand smoke outdoors.

Two committees in the Kansas Legislature have filed bills to amend the Kansas Indoor Clean Air Act. The state law that took effect July 1, 2010, prohibits indoor smoking in most public settings and workplaces.

However, the clean air law came with exemptions, including for “gaming floors of lottery gaming facilities or racetrack gaming facilities.” The carveout allows for indoor tobacco smoking anywhere where gaming is occurring.

The Senate Committee on Federal and State Affairs and House Committee on Health and Human Services believe it’s time to make the state’s four commercial casinos go smoke-free.

Hotels would also lose their privilege to designate 20% of their guestrooms for smoking. Additionally, cigar dinners benefitting charities would be tossed and medical facilities that conduct clinical research into tobacco use would no longer be allowed to offer participants enclosed smoking rooms.

Casino Smoking Opponents Light Up With Excitement

Kansas is home to four commercial casinos that operate slot-like electronic gaming machines on the Kansas Lottery’s behalf. Boot Hill, Kansas Star, Hollywood Casino at Kansas Speedway, and Kansas Crossing also operate live dealer table games and sports betting.

Should SB 176 or HB 2252 become law, the four casinos would need to force smokers outside to light up. CEASE, or Casino Employees Against Smoking Effects, is a grassroots coalition of casino workers who want a clean indoor air workplace.

CEASE has chapters in several states where casino smoking remains, including Kansas. CEASE Kansas celebrated the introduction of the smoke-free gaming statutes.

We’ve been breathing secondhand smoke on the job for years while lawmakers drag their feet — it’s unacceptable,” said Joe Hafley, security officer for Hollywood Casino at Kansas Speedway and founder of CEASE Kansas and Missouri. “No other workplace in Kansas forces employees to inhale toxic air.”

Hafley said casino employees have been gambling with their health since the first commercial casino in Kansas opened in December 2009.

“We are not asking for special treatment — just the same protections as every other worker in the state,” Hafley added.

Commercial casino revenue in Kansas has risen since the COVID-19 pandemic and returned to higher than 2019 levels. In 2019, the four casinos won about $416 million from players. In 2023, that number was $588 million.

Legislation to end casino smoking in Kansas failed last year.

Tribal Casinos Exempt

The bills wouldn’t apply to Kansas’ six tribal casinos, all of which continue to allow indoor smoking on their gaming floors. That’s because tribal casinos operate on sovereign Indian lands, which are immune from most state laws.  

The Sac and Fox Nation is behind its namesake casino, while the Prairie Band of Potawatomi owns the largest tribal casino in Kansas — the Prairie Band Casino in Mayetta.