Navajo Casinos Ponder Smoking Ban

Should Navajo Nation casinos, including Twin Arrows (l.) finally go smoke-free? Public health concerns, heightened by the effect of the Covid-19 pandemic, may resolve the issue once and for all.

Navajo Casinos Ponder Smoking Ban

The Navajo Nation Gaming Enterprise (NNGE) is weighing the benefits and possible risks of its casinos going fully smoke-free indoors.

According to the American Nonsmokers’ Rights Association, more than 160 Indian gaming facilities and 1,000 casinos nationwide are now 100 percent smoke-free. At issue for Nation casinos is the impact of smoking bans on casino volume and revenue.

The Navajo Times reported that a proposed comprehensive smoke-free policy has been sponsored by Delegate Daniel Tso, chairman of the nation’s Health, Education and Human Services Committee. The “Air is Life Act,” or “Nilch’ ei Bee Iina” would prohibit tobacco products in all indoor public places and workplaces across the nation, including the casinos.

“(The bill) is coming straight from the communities,” said Delegate Thomas Walker, vice-chairman of the Resources and Development Committee. “The public certainly has the right to ask their leaders to make or change laws that affect or benefit their health.” The states of Arizona, Utah and New Mexico passed smoke-free laws more than 10 years ago, but the Navajo government has not yet signed on.

“To me it’s a very simple health policy,” said Hershel Clark, public health policy analyst with the Air is Life Coalition. “It’s very similar to what exists when you go off the reservation. We’re just advancing ourselves into modern public health policies.”

The bill states that it is the “right and freedom of the people” that every person is respected, honored, and protected with a healthy physical and mental environment, “free from all abuse,” including exposure to commercial tobacco smoke, the Times reported.

“It’s really just about protecting our people,” said Clark, who said the Covid-19 outbreak was a wakeup call for casinos, both tribal and commercial.” Health is a big priority now,” he said.

The plan does not prohibit the use of natural ceremonial tobacco, or Dzil Nat’oh/Mountain Smoke, recognized as an integral part of Diné life, culture and spirituality and important to the wellness and welfare of Diné people.

“This is not to limit or infringe upon the use of the traditional smoking herbs, Nat’oh,” said Walker. “We all know our elders, leaders and healers treat the medicinal plants as a community of living entities that can be invoked, approached and asked to assist the humans in their time of need.”

The proposed Air is Life Act states, “Air embodies life… The use of all commercial tobacco products is disrespectful to the Diné fundamental traditions and thus harms our environment resulting in disharmony with the mind, body, spirit, and earth.”

The financial impacts are not insignificant. The nation’s legal counsel, Lewis Roca Rothgerber Christie LLP estimated that gaming revenue is likely to drop by 15 percent to 30 percent or more if smoking is banned.

“Our primary mission is the creation of jobs, employment, economic output and development for the Navajo Nation, and providing a good rate of return on the nation’s investment in the enterprise,” NNGE Executive Director Brian Parrish told the Times. “A 15 to 30 percent reduction in volume of business definitely makes achieving all those goals much, much tougher.”