Ohio has one of the most strict laws in the nation against indoor smoking at public places, but the Hollywood Casino Toledo may have found a way to let its smokers play and smoke at the same time: put slots on the outdoor smoking deck.
The Hollywood, operated by Penn National Gaming Inc., recently requested that it be allowed to install 34 machines, but no table games, on the covered deck when weather allows. The decision to allow the games will be made by county health department officials, rather than the state gaming commission.
Lucas County Health Commissioner David Grossman told the Toledo Blade, “It had better be in compliance with state law and not have three to four walls so that it is not truly outdoors. … I would like to think that if they get approval, they will run their plans by us.” He added, “I think it’s against the spirit of the rule, but as long as they’re not endangering people, if all those sitting at the games are not enclosed and are not affecting those who don’t want to be exposed, I think it’ll work.”
In announcing its application, Penn said, “Hollywood hopes to quickly assess the success of this temporary approach and propose to build a permanent and more extensive smoking area in the next fiscal year.”
Ohio law allows smoking in outdoor patios for eateries and taverns and other businesses as long as the area is open at two sides.
When Ohio voters were asked to amend the constitution to allow casinos, the gaming developers did not include a provision to exempt casinos from the strict state law as neighboring states such as Indiana and Pennsylvania do.
Two other Ohio casinos, Hollywood Columbus and Rock Ohio Caesars’ Horseshoe Cincinnati have previous been given permission for smoking areas, but not for smoking areas with slot machines. Ohio’s other casino, the Horseshoe Casino Cleveland can’t install an outdoor patio because of the structure of the historic Higbee building, where the casino is located.
The state’s two racinos in Dayton and Youngstown both included outdoor smoking and video lottery terminal (VLT) sections in outdoor areas as part of their plans.
