Representative Argues Smoking Ban Should Include Tribal Casinos

State Rep. Dean Kaufert claims the statewide smoking ban that's going into effect in July 2010 is flawed because it excludes Native American casinos.

It's a fairness issue," said Kaufert, a Neenah Republican who has been contacted by constituents regarding the reach of the ban. "A statewide ban should truly be a statewide ban. There shouldn't be pockets where people don't have to comply with the state."

Kaufert said he may introduce legislation to include casinos in the ban, which was signed into law in mid-May by Gov. Jim Doyle and goes into effect July 5, 2010.

"I want to gauge the interest of my colleagues, Republican and Democrat, and see if there is any interest in moving forward with legislation that would make it a true statewide ban," Kaufert said last week.

Tribal officials say the statewide ban isn't applicable to casinos because it is not part of the gaming compacts between the tribes and the state.

When the statewide ban was passed in May, Kaufert introduced an amendment that would have included all Native American lands in Wisconsin. He said the amendment would have "closed a major loophole" in the bill, but it was defeated in the Assembly.

Kaufert will face a tough road if he opts for a legislative remedy. He realizes that it would be a "little tricky" to pass a bill that bans smoking in casinos because of the sovereign nation status of tribes.

For the complete story, please see Andy Thompson, Ban smoking in casinos, legislator says, Green Bay Press-Gazette, June 22, 2009.