Kansas Casinos Faced with Smoking Issue Before Opening

The troubled Kansas gambling efforts may have yet another problem as a group says smoking in casinos may violate federal disability law.

A group seeking to impose its lifestyle on private businesses is pressing to limit customers at Kansas casinos before they are even finished construction. The state's efforts to establish casino gambling, which has been beset with delays and missteps, now face a potential legal challenge if smoking is not barred from casinos.

Smoke-Free Gaming, an advocacy group based in Colorado, has said allowing smoking at Kansas casinos would violate the Americans with Disabilities Act. The group's position is that permitting smoking prevents access to persons suffering from breathing infirmities.

Kansas' ADA compliance coordinator, Anthony Fadale, told Forbes he's still researching the obligations of the state and the lottery. He says that regulations by the US Department of Justice indicate smoking bans are not required.

Kansas considered a state law banning smoking in public places, which exempted gambling floors of casinos, but the bill died in the state House. Some counties have laws against smoking, but those also give a free pass to casinos.

According to figures released by the American Gaming Association, revenues dropped by 21 percent in Illinois after smoking bans went into effect, and Colorado found a 12 percent drop under the same conditions.