Pennsylvania lawmakers have heard the call, and a new bill seeks to ban smoking in state casinos. Dan Frankel has put forward a bill that would amend the Clean Indoor Air Act of Pennsylvania. House Bill 2298, sponsored by state Rep. Dan Frankel (D-Allegheny), would remove exemptions for drinking establishments, cigar bars, casinos, and private clubs. Exceptions to the 2008 law allow. The Pennsylvania Gaming Control Board issued an order Friday instructing casinos that due to coronavirus-related health and safety concerns, they should prohibit smoking on their gaming floors.

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© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS Joseph Currie, Mechancisburg, Pa., plays pool at Bourbon St. Saloon in Harrisburg, Pa., Jan

Smoking indoors at private businesses is still allowed in Pennsylvania, but one lawmaker and his supporters are hoping 2020 will be the year that changes.

Nearly 150 businesses throughout Cumberland, Dauphin, Lebanon, Lancaster, and York counties still offer patrons the option to smoke. These businesses are granted exemptions by the state Department of Health under the Clean Indoor Air Act of 2008, which banned smoking in public places and workplaces.

© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS Joseph Currie, Mechancisburg, Pa., plays pool at Bourbon St. Saloon in Harrisburg, Pa., Jan

But exceptions were carved out for private social clubs and parts of casinos. Tobacco shops and bars where food makes up less than 20 percent of sales can also apply for exemptions.

© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS Pennsylvania's Clean Indoor Air Act allows several exceptions to where smoking indoors can occur. Photo: Pa. Alliance to Control Tobacco

The exceptions are a reason Pennsylvania earned a 'D' from the American Lung Association in its national report card, released last week, on states’ efforts to combat smoking and nicotine addiction. Overall, Pennsylvania’s grades in the report were among the worst in the nation.

'Tobacco use remains the No. 1 cause of preventable death and disease in the United States and Pennsylvania,” said Sarah Lawver, director of advocacy for Pennsylvania and West Virginia. 'Twenty-two thousand people died of smoke-related lung problems in Pennsylvania last year.”

Business owners who still offer patrons the option to smoke have varying views about legislative efforts to get rid of those exemptions.

'If they do it, it has to be for everyone,” said Angelo Karaginnis, who owns Zembie’s on North Second Street in Harrisburg. “If a casino can offer smoking, and a night club can offer smoking, then why can’t a bar, where we sell the minimal food requirement under the current law? Uber Eats helps a lot to make up that 20 percent as to-go food. If I can’t offer smoking, but the guy across the street can offer smoking, and they don’t sell food, I’m going to lose a significant amount of my night business.”

Pa Casino Smoking© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS There were 1,936 locations throughout the commonwealth in 2018 where smoking is still allowed indoors, according to the Pa. Alliance to Control Tobacco. Photo: Pa. Alliance to Control Tobacco

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'Smoking has always been allowed at Pennsylvania’s casinos,” said Jeff Morris, vice president of public affairs and government relations for Penn National Gaming. 'We strive to be a leader in this highly competitive business environment, and this is only obtainable when we can compete on a level playing field.”

The number of private businesses statewide that allow patrons to smoke at their establishments has decreased since the act’s inception by more than 40 percent, according to the Pennsylvania Department of Health data.

When the smoking ban went into effect, there were 3,319 exemptions approved for bar, restaurant and casino owners. By the end of 2019, the number of exemptions had been reduced to 1,866.

© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS Joseph Currie, Mechancisburg, Pa., plays pool at Bourbon St. Saloon in Harrisburg, Pa., Jan

Hollywood Casino has designated smoking and non-smoking areas, but no visible separation between the two, and the odor of smoke is widespread.

'At Hollywood Casino at Penn National Race Course, we provide a comfortable gaming experience for our smoking and non-smoking guests and expect to do the same at our category 4 facilities,” Morris said. 'We utilize state-of-the-art air filtration systems for indoor air comfort and cleaning at our properties, and we continuously assess technological advances in indoor air quality for incorporation into our systems.”

Allegheny County has 372 locations where smoking is allowed, the highest number of any county. In central Pennsylvania, York County has 42, Dauphin County has 39, Lancaster County has 36, Cumberland County has 20, and Lebanon County has 10.

Pa Casino Smoking© 25, 2020.rMark Pynes mpynes@pennlive.com/pennlive.com/TNS An ashtray at the Bourbon St. Saloon, North 2nd Street in Harrisburg, Pa., Jan

Western Pennsylvania lawmaker state Rep. Dan Frankel, D-Squirrel Hill, is pushing to remove exemptions to the Clean Indoor Air Act. Frankel plans to host a press conference Feb. 12 at the Hidden Harbor Bar in Pittsburgh with supporters.

'We’ve had a lengthy transition from the days where every bar and restaurant had ashtrays next to the salt shakers,” Frankel told PennLive. “My hope is that business owners have been able to use that time to adapt their business model because with or without the changes in the law, the public’s expectations have changed.”

He continued: “Ultimately, this is a workplace safety issue, and I can’t compromise on that. Service workers should not be forced to trade years off of their lives for rent money. That’s not a fair condition for employment, just like it’s not a fair to ask employees to work in a building without a fire exit.”

The American Lung Association stands behind his efforts, Lawver said. The association said workers exposed to long periods of second-hand smoke are at risk of developing respiratory problems.

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The association would also like to see the Clean Indoor Air Act strengthened to include a ban on e-cigarettes, she said.

'Comprehensive clean indoor legislation works,” she said. 'It’s beneficial for all Pennsylvanians. Pennsylvania legislators have the power to make this change. The lung association is working to put the health of all Pennsylvanians first. We want to close our loopholes to truly make a difference and positively make an impact on the health of Pennsylvanians.”

Lawver said not allowing indoor smoking cleans the air of pollution by 90 percent. She added there are 'no negative economic impacts on restaurant and bar sales.”

'Research in other states hasn’t found any negative results either,” she said. 'People who like to go out and enjoy themselves also may not want to come home smelling like smoke. Statistically, it hasn’t been shown to impact sales.”

“That’s not true at all,” said Ron Kamionka, who owns several Harrisburg bars.

He said he decided to allow smoking at three of his bars when the act passed in 2008.

'The ones where we didn’t get smoking exemptions, revenue dropped by 60 percent,” he said. 'I definitely believe if you create a marketplace for people to make choices, their decision is on them, not up to an organization or state.”

If lawmakers vote favorably to remove all exemptions to the act, Kamionka said he’d “obviously comply with the law,” but said he would consider it “government overreach.”

'I think it’s an unnecessary step,” he said. 'My only question would be what is the next step? If they can get this legislation passed, it’s not going to stop there. What is their next goal? It wouldn’t be the end all be all. It will then be you’re not allowed to smoke in your house … you’ll have to have an underground chamber.”

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PLAINS TWP. — As of 6 a.m. on July 4, Mohegan Sun Pocono became a 100% non-smoking facility in order to comply with the State of Pennsylvania’s mask mandate.

David Parfrey, Vice President of Marketing at the Plains Township casino, said: “Smoking will only be permitted outside of the facility at the main entrance, the hotel valet entrance and the outdoor hotel terrace at this time.”

On July 1, state Secretary of Health Dr. Rachel Levine issued an order that temporarily banned smoking in all Pennsylvania casinos in response to the Department of Health’s updated mask orders.

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Subsequently, the Pennsylvania Gaming Control Board on Tuesday issued an order, also temporarily banning smoking to comply with the expanded mask-wearing order signed by Secretary Levine.

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Maggi Mumma, Deputy Press Secretary at the Department of Health, said due to the universal masking order, the Gaming Control Board advised all casinos to place a temporary ban on smoking, explaining that a person cannot appropriately wear a mask while smoking.

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“Many casinos have created outdoor smoking areas where people can properly social distance to offer a safe environment to be able to smoke if one chooses,” Mumma said.

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A spokesperson for the Gaming Control Board cited the expanded face-covering order signed by Health Secretary Dr. Rachel Levine on July 1 as the reason for the ban.

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Several casinos already decided to ban indoor smoking and designated outdoor areas for customers to smoke. Casinos reopened across the state when their respective home counties reached the green phase of Gov. Wolf’s reopening plan.

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