Montana Supremes Rule Casino Smoking Shelters Illegal

Attempts by Montana casinos to appease its smokers by building “smoke shacks” that are physically connected to the casinos violate the state’s Clean Indoor Air Act the state Supreme Court has ruled.

The Montana Supreme Court last week ruled that two casinos in the state that have smoking shelters are violating the state’s Clean Indoor Air Act.

The action overruled a lower court that held that the shelters, known as “smoke shacks” were allowed by the law. This could result in the rooms being shut down.

Officials at the Gold’s Casino and Players Casino in Great Falls are looking at the ruling to see if there are ways of accommodating smokers while staying within the law. They said they plan to abide by the ruling.

Some customers have complained that the so-called shacks are actually part of the casino buildings, rather than being outdoors, as the law requires. As a result, when smokers leave or enter, smoke flows into adjacent rooms, where it can irritate the lungs and eyes of non-smokers.

The smoke shacks cost about $40,000 apiece to install, and are equipped with high-end air exchange systems.

One patron complained to the Great Falls Tribune, “It’s triggered my asthma and forced me out to the car,” adding, “People who smoke don’t realize how the vapors can affect some of us.”

On the other hand smokers, who comprise a large percentage of any casino’s clientele, say they are unhappy about losing a convenient, comfortable place to play and smoke. Montana is known for its fiercely cold winters, which make it next to impossible for smokers to go outside for a puff during the colder months.

One smoker told the Tribune, “This is a big part of my retirement recreation. I don’t want to leave the building every few minutes to smoke since it might be cold or icy outside.”

Another added, “If we’re in a ventilated room separated from nonsmokers and serve ourselves getting drinks from the bar, who are we hurting?”

On the other hand, some patrons argue that the shacks are a “sham” designed to get around the five-year-old-law. They add that the law was adopted to improve the health of everyone.

Smokers who use the smoke shacks are required to sign a form acknowledging that they are aware of the risks of smoking before they can use the shacks.

An attendant at the casino told the Tribune, “The smoking rooms are their comfort zone where they can enjoy themselves while they play the machines.”

The ruling might also affect some bars, mainly in Cascade County, that also have some gaming machines.