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House Approves Exempting Casinos From Smoking Bans

22 February 2005

Las Vegas Sun

HELENA -- The Montana House on Monday reiterated its desire to exempt casinos from any local smoking bans.

By the same 58-42 margin used to pass a similar measure two years ago, representatives endorsed a bill exempting any business with a gambling license from being subject to local ordinances more strict than the state laws governing indoor air.

The vote was a victory for the casino industry, which has pushed for the exclusion since Helena imposed a sweeping smoking ban on all public places in 2002. Various legal challenges have left that ban in limbo, but casino owners have contended that outlawing smokers would cripple their business.

The 2003 Legislature passed an exemption for casinos, but the Montana Supreme Court overturned it in December because it failed to specifically forbid such bans when it comes to casinos.

Familiar arguments over the bill Monday pitted private property rights against the dangers from secondhand smoke.

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