Commissioners not ready to bend to Churchill smoking change

Apr. 4—Owensboro city commissioners hope Churchill Downs will go through with plans to build a historic horse racing machine facility at Towne Square Mall, although commissioners tabled a Churchill request to allow smoking in part of the planned facility.

The majority of commissioners said Monday they made the right decision when voting to table the amendment to the city's smoking ordinance last month. The amendment would have allowed smoking in up to 15% of the facility.

A city-wide smoking ban has been in place for years. The proposed change to the ban was written specifically to apply to the Churchill Downs facility, requiring the facility be at least 50,000 contiguous square feet and to undergo at least $30 million in renovations. The smoking area was required to be separated from the rest of the facility by a vestibule, and was required to have air purification technology.

Commissioners voted unanimously to table the issue indefinitely at a meeting last month, after hearing from Owensboro Health physicians opposed to changing the smoking ordinance.

In an email last week, Tonya Abeln, vice president of communications for Churchill Downs, said: "As for our newest proposed HRM property that we have publicly discussed locating in the Owensboro area, we are still evaluating locations that meet our requirements."

Mayor Tom Watson said Monday, "I heard a rumor they could just go to Henderson," but that his last communication with Churchill officials indicated the project was going forward.

"The last time I talked to them was Friday, and they said, 'we don't quit easy,' " Watson said.

Watson said he hopes the facility is constructed.

"The fact that they are opening up that mall is key for me," Watson said.

Watson said he does not anticipate commissioners changing course to allow smoking at the facility.

"I don't think there's any movement on it," Watson said, and that there are three votes against amending the smoking ordinance.

"Everybody is a pretty solid 'no,' " Watson said.

At last month's meeting, City Manager Nate Pagan said Churchill officials believe allowing smoking in part of the facility is "integral to the project."

Commissioner Bob Glenn said the facility would have a hard time competing with the full casino in Evansville. Historic horse racing machines are similar to slot machines.

"I think their real disadvantage, and I told them to their faces, is they don't have a full casino," Glenn said.

State lawmakers have not legalized full casinos, although they do allow historic horse racing machines and offtrack betting at racetrack-owned facilities. Lawmakers recently sent a bill allowing sports betting to the governor's desk.

"I think the larger issue (than smoking) for them, to be fair, is they don't have a full casino," Glenn said.

Regarding smoking at the Towne Square Mall facility, Glenn said, "My concern is the employees. They are still going to expose employees."

Glenn said he recently visited Oak Grove, a Churchill Downs facility in Hopkinsville, and noticed "a lot of automation," which made him question how many employees would be needed at the Owensboro facility.

"Do I want them to come? Yes," Glenn said, but that changing the ordinance for Churchill Downs could lead to other businesses requesting smoking as well.

"I certainly don't want other businesses to come and ask for an exemption," Glenn said.

The facility was originally planned by Ellis Enterprises, which was owned by Laguna Development. Churchill Downs took over the project after purchasing Ellis Enterprises.

"Laguna had already agreed to not make smoking an issue, but (Churchill Downs) came in and made smoking an issue," Glenn said.

Commissioner Larry Maglinger said he spoke with Churchill officials last week, and that, "they did not indicate to me they were going" to another location.

"I'm hoping they go through with their plans to come to the mall," Maglinger said.

Maglinger said, "I feel like we made the right decision" in tabling the smoking change. Having a entirely smoke-free facility in Owensboro could be a benefit to the Churchill Downs, Maglinger said.

"There are a lot of people who don't smoke," Maglinger said. "Maybe they'll go ahead, finish the project and make Owensboro their new location."

Commissioner Pam Smith-Wright, said she believes Churchill would build a separate smoking area with air purification, but that she was unconvinced by arguments that smoking was a necessity.

"What I don't understand is how whether you have smoking or not makes a difference in whether you come to this community," Smith-Wright said. "Especially when you're telling me 15% of the gambling facility is smoking. What about the other 85%?"

To arguments that not allowing smoking would drive potential customers to other facilities, Smith-Wright said, "half the country has stopped smoking."

Smith-Wright was a city commissioner when the city-wide ban was passed in 2014.

"If we are trying to have a healthy community, that's what we did the ordinance for," Smith-Wright said.

"If we went against that (and created an exemption), you're talking about an uproar from all the places that had to stop smoking" in 2014, Smith-Wright said.

"I would do anything other than flip that ordinance to have them here, because I feel they would be a good fit for the community," Smith-Wright said.

Smith-Wright said she was told no employees would work in the smoking area, but that, "you mean to tell me you're going to have people playing (historic horse racing) machines, and no one is watching?"

Of the possibility Churchill moves the facility elsewhere outside Owensboro, Smith-Wright said, "if that's what you have to do, that's what you have to do."

Mayor Pro Tem Mark Castlen said he has advocated revisiting the issue to the other commissioners.

"(Churchill) told me they would have to explore other options," Castlen said. "They said they were very disappointed there wasn't any flexibility in the ordinance, and I felt the same way.

"I feel they have gone above and beyond to protect the public" with their plans for a separate smoking area, Castlen said.

Later, Castlen said, "with them investing $1 million to make it safe for nonsmokers, (they) feel it's turning our back on them, and I feel the same way."

Castlen said he recently visited the Bally's Casino in Evansville.

"I guarantee you there were at least 500 people there," he said. "It was a full house, and I thought, 'this could be our mall.' "

Castlen said he was told workers would not go into the smoking area, such as for delivering food or drinks, and was told cleaners would only be in the area after it has been aired-out by air purifiers.

"They assured me they would not force someone who doesn't want to work (in the smoking area) to work there," Castlen said.

Castlen said if the Churchill project doesn't go forward, others who were looking to put businesses at the mall will withdraw as well. One proposed business was $4 million project, he said.

"We not only lost Churchill, we lost that $4 million investment," Castlen said.