A Black Hawk casino is claiming a cigar-bar exemption and allowing gamblers to light up indoors, in spite of a statewide casino smoking ban that took effect Tuesday.
Ed Smith, owner of the Wild Card Saloon & Casino, says his business and smokers who patronize his casino are “in full compliance with the law.”
Smith cites the “cigar bar” exception to the Colorado Clean Indoor Air Act, saying his casino sells more than $50,000 in tobacco products annually, which allows smokers to light up in his place.
“We are following the letter of the law,” Smith said.
The Wild Card is a small casino, a little more than 3,100 square feet with about 440 gaming machines.
Smoking has been banned in bars, restaurants and other places of business since July 1, 2006.
Stephanie Steinberg, chairwoman of Smoke-Free Gaming of Colorado, said Smith and the Wild Card are out of line.
“This is the only casino that is being noncompliant,” Steinberg said. “It’s not a cigar bar; it’s a casino, and we expect them to be compliant with the law.”
Chris Jacoby, a Black Hawk police communications officer, said the department has been getting some complaints from people upset that smoking is still being allowed. He said officers have been told by their superiors not to issue citations against the Wild Card because it is considered a cigar bar.
On New Year’s Day, casinos in Black Hawk were busy, and the majority of smokers took the new law in stride, said Joanne Lah, executive director of the Black Hawk/Central City Convention & Visitors Bureau.
“It seems like things went well,” Lah said of the ban’s first day. “The weather was a little severe early in the morning, and there was some grumbling from some smokers, but they were certainly in compliance.”
Heather Leigh, public relations manager with Ameristar Casino Black Hawk, said New Year’s Day was “super busy” at her casino, in part because of improved weather compared with Christmas week, which kept many gamblers home.
“At one point, there were more than 1,000 people in the casino, and no one was smoking,” Leigh said. “A lot of people were aware that the ban was taking effect”
Ameristar has three public smoking areas outside its casino, including a large patio, Leigh said.
Leigh said it’s too early to tell the full impact of the smoking ban, but based on such laws in other parts of the country, Ameristar expects it to initially curtail business.
“We know we are going to have a financial impact that is negative,” Leigh said.
The ban already has hurt bar owners like James VonFeldt, who said Wednesday he is closing Billy’s Inn in northwest Denver because of the ban.
“This has been in the family for over 40 years,” VonFeldt said. “But now I’m losing money hand over fist.”
VonFeldt’s father-in-law previously owned Billy’s. He took over in 1987.
VonFeldt said the bar was a moneymaker until the no-smoking law, which went into effect for bars and restaurants in 2006. But in the first six months after the law, business at Billy’s plummeted 41 percent, VonFeldt said, and it hasn’t recovered.
VonFeldt is part of a group of bar owners, the Coalition for Equal Rights, who filed a lawsuit in hopes of overturning the act.
The suit is before the 10th U.S. Circuit Court of Appeals, and a three-judge panel heard arguments in November.
The coalition is appealing an October 2006 ruling by U.S. District Judge Lewis Babcock that upheld the act.
The coalition says that bar owners have lost more than $30 million in business statewide because of the act and that 70 bars have gone under.
VonFeldt is close to selling the bar to investors who plan to renovate the property and turn the bar into a restaurant.
Billy’s will probably close in about four to six weeks, he said.
Even though VonFeldt is getting out of the business, he will hold out hope that the appeal reverses the ban.
“I’m not going to stop fighting,” VonFeldt said. “I don’t believe the government should be able to pass laws that put people out of business. I really want the public to know the damage that has been done.”
The Associated Press contributed to this report.
Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com
