Activists wield Disabilities Act in fight for smoke-free casinos

[RamboLiberal]

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Anti-smoking activists gathering in Las Vegas next month for a strategy conference on making casinos smoke-free say they will assist casino workers and customers in filing ADA complaints over secondhand smoke.

But some legal experts say Blumenfeld is wrong to think the ADA requires smoking bans.

Rather, federal law allows venues to ban smoking on their own as it “does not preclude the prohibition of, or the imposition of restrictions on, smoking.”

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Federal law doesn’t require employers to change their business models, only that they make a reasonable effort to accommodate the disabled, said Brian Pedrow, a disabilities attorney with Ballard Spahr in Philadelphia. For casinos that have long catered to smokers, a smoking ban would likely be considered unreasonable, although moving a worker to a nonsmoking area would probably fit the “reasonable accommodation” requirement under federal law, said Pedrow, who has handled cases on behalf of individuals as well as employers but hasn’t represented casinos. That might be a challenge for unionized casinos as seniority rules prevent workers from leapfrogging others for preferred jobs, he said.

http://www.vegasinc.com/news/2011/apr/18/activists-wield-ada-fight-smoke-free-casinos/

[rocktivity]

1. You'd think the casinos would be in favor of this

money not spent on cigarettes is money than be spent on gambling...I mean, gaming...

:eyes:
rocktivity

[JVS]

2. Time spent grabbing a smoke outside is not spent losing money to the casino.

In fact, casinos aren't very big on people leaving at all. That's why they don't have publicly visible clocks. They want you to get in there and forget about the outside.

[jwirr]

3. I actually hope this passes. Family likes to go together and play

bingo but your clothes smell terrible when you come home. Not to mention your hair. One person smoking is one thing - a group is another. It is not as if we can just go down to the other casino on the corner that is smoke free. This is the only one we have.

[littlewolf]

4. as much as I hate smoking ..

lost both parents to it .... all this will do is convince ppl to go somewhere else ... so closing casinos and losing jobs
is not a good thing .... moving an employee is a better idea .....

[in_cog_ni_to]

5. THAT would be the death of Casinos in Vegas. Illinois is going to now allow

smoking on the Casino boats because they have lost so much money from everyone going over the border to Indiana to gamble AND smoke. They have lost a LOT of revenue because of the smoking ban in this state.

If Vegas thinks business is bad now, implement a smoking ban and see what no business REALLY looks like.

Of course MONEY always talks....so it's doubtful Vegas will go completely smoke free. That would be NUTS. It's probably the ONLY place smokers can go and not be treated like lepers.

People going to Vegas already know they're going to be dealing with smokers. If you don't like smoke...go to a no-smoking casino. I'm sure they exist. Or do they have to have it ALL for themselves, as usual?

[SoCalDem]

9. Years ago they tried this.. it did not "work"

The non-smoking areas were pretty empty, and gradually they reduced the size..

Probably any casino that wanted to could declare themselves totally smoke-free...they won't though because gamblers tend to also be smokers/drinkers, and casinos like money:)

[truebrit71]

6. As a newly converted ex-smoker I applaud this move...

...the stench made by those posionous cancer-sticks is revolting...I still can't believe I used to smell like that...

[The Straight Story]

7. Your body, your choice - don't like a place that allows smoking, don't go (nt)

[former9thward]

8. No casino worker would be in favor of this.

Any service worker knows that relaxed smokers having fun tip more than the uptight non-smokers. In fact I have never seen a non-smoker in a casino that had a smile on his/her face. And they tip very little if at all.