Fight to Lift Smoking Ban in Casinos, Bars Ignites in Springfield

Three years after the Smoke Free Illinois Act made it illegal to smoke in public places and indoor workplaces, the issue is back on the table as Illinois legislators consider two bills that would end the ban on smoking in casinos and some bars.

“We are $­15 billion dollars in debt, that’s to start,” said Rep. Andre Thapedi, D-Chicago, author and sponsor of the bill, about why it is a good idea to exempt gaming facilities from the ban. “Secondly, people who choose to smoke are going to smoke. It makes no sense from a social analysis and an economic analysis to prohibit people from smoking in a safe way.”

Thapedi’s bill proposes that smoking be allowed in Illinois gaming facilities under certain conditions, including:

• the installation of state-of-the-art ventilation systems,
• the construction of a room that does not allow secondhand smoke escape into the rest of the facility, and
• the establishment of protections to ensure that employees aren’t forced to work in smoking areas.

The second bill, sponsored by Rep. Anthony DeLuca, D-Crete, would allow local liquor boards to approve smoking licenses for bars or lounges that derive 10 percent or less of their income from food sales.

Local legislators are split on the issue.

“I’m opposed to any change in the smoking legislation,” said Rep. Patti Bellock, R-Hinsdale. “I think it was hard enough to pass through the state… and a lot of people have made the major social changes with that and I think that changing it would be very difficult at this time.”

"I don’t support the legislation,” said Rep. Sandy Pihos, R-Glen Ellyn. “I just feel like we have already taken the hard road. We have seen the Surgeon General’s report on secondhand smoking. We have come a long way.”

Rep. Jim Durkin, R-Western Springs supported the 2008 ban, but has changed his stance. Now, he says, consideration comes down to economics.

“The fact of the matter is we are losing revenue,” he said. “People like to smoke when they’re gambling, that is an attraction for individuals. I think we need to be careful when applying things so broadly, we have to consider what kind of impact it is going to have on the industry.”

Rep. Dennis Reboletti, R-Elmhurst, supported the 2008 ban, but now he says a future decision comes down to economics.

“I am leaning in support of the casinos because of some of the projections I am seeing,” said Reboletti. “I have talked to residents in my district and they are going out of state to gamble and taking their tax revenue with them.”

Thapedi and others point to a study commissioned by the Federal Reserve Bank of St. Louis that investigated the effect of the Illinois smoking ban on Illinois casinos. According to the report, their estimates suggest that revenue and admission declined by more than 20 and 12 percent, respectively. In real dollars, that translates into a $400 million dollar loss to casinos and a $200 million dollar loss to state and local governments. You can read the report here.

Kathy Drea, vice president of advocacy of public policy for the American Lung Association of Greater Chicago, says making a one-to-one revenue comparison between casinos that allow smoking and those that don’t doesn’t work.

“There is a feeling that this is really going to bring in some revenue. We just don’t think it’s a guarantee” said Drea. “Vegas casinos allow smoking, and they have experienced the same downturn as everyone else."

Drea said a revenue chart with data collected by Smoke Free Illinois indicates Rock Island’s former casino lagged behind in revenue to their Iowa counterpart before and after the smoking ban was implemented. According to the chart, it wasn’t until a new facility was constructed in January 2009 that the Rock Island facility began to bet its closest out-of-state competitor.

While both bills are yet to be voted on by the Executive Committee, which controls the bills' future, and there is no clear timeline for when a vote would be called, this is not the first time lawmakers have attempted to pass exemptions to the 2008 ban. Two years ago a similar bill exempting casinos was proposed, but lost by two votes in committee before coming to the floor. Rep. Randy Ramey, R-Carol Stream, a sponsor of the bill, said those no votes have indicated they would be willing to vote yes this time.

“I think we have a real good opportunity,” Ramey said. “I’ve been a part of this for three years, trying to come to some kind of accommodation to some businesses that would allow them to at least have a choice. Businesses deserve the choice.”

Under new House rules, bills that garner 71 or more co-sponsors, with at least 20 signatures from the opposing party, would have to be moved from the Executive Committee and called for a vote on the House floor. Ramey said supporters of his bill may consider using this tactic.

“We don’t have a next step just yet, but we are looking at all our options to move the bill.” he said.

As for Gov. Pat Quinn's take on the two bills, his press secretary Annie Thompson said, “We haven’t had an adequate amount of time to consider the specifics of the bill, but if it is passed and comes to the governor’s office we will give it a full consideration as is our standard procedure for all pending legislation.”

To follow the progress of these bills—HB0171 and HB1310—as they go through the legislative process in Springfield, go to the Illinois General Assembly Web site.