Wynn Las Vegas suit follows similar suit filed against Caesars Palace
A second Las Vegas Strip casino is being sued over allegations that the health of employees is being affected by second-hand smoke.
A suit seeking class action status to represent all affected workers was filed Tuesday in U.S. District Court in Las Vegas by Wynn Las Vegas employee Kanie Kastroll against the casino resort and its parent company Wynn Resorts Ltd.
The suit was filed by law firms including KamberEdelson LLC of Chicago, which in July filed a similar suit against Harrah's Entertainment's Caesars Palace hotel-casino.
Attorneys for Harrah's and Caesars have not yet filed their answer to that complaint. That suit has also not completed the significant legal hurdle of being certified as a class action.
Wynn Las Vegas and Wynn Resorts had no comment on the Wynn suit Wednesday, citing their policy of not commenting on pending litigation.
The suit alleges exposure to smoke is causing eye irritation, coughing, sore throat, sneezing, shortness of breath, dizziness, wheezing, tightness in the chest, asthma, headache, nausea and ingestion of cancer-causing chemicals and toxins.
The suit claims some Las Vegas resorts have taken measures to minimize second-hand smoke on their gaming floors. MGM Mirage's Bellagio has a high-tech air filtration system designed to minimize such smoke while Las Vegas Sands Corp.'s Palazzo hotel-casino built "smoke-free corridors" in its gaming area and designated 50 percent of its casino floor as non-smoking, the lawsuit says.
"Wynn Las Vegas, however, continues to gamble with its employees' health and welfare in order to cut costs and maintain the status quo," the suit charges, alleging Wynn has not designated certain sections of the gaming area as smoke-free, doesn't allow dealers to have fans on their tables, hasn't monitored the health of employees subjected to smoke and hasn"t helped employees harmed by smoke.
The lawsuit alleges floor supervisors can designate tables as nonsmoking, but only at the request of a patron.
"If a customer asks a dealer "do you mind if I smoke?", Wynn Las Vegas prefers its dealers to answer "no, not at all," even if the tobacco smoke does in fact bother the dealer and causes him or her adverse health effects," the suit charges. "Dealers who tell customers that second-hand smoke bothers them will likely be subject to discipline."
"Employees at Wynn Las Vegas are forbidden from complaining about the amount of second-hand smoke that they are forced to inhale and risk losing their jobs if they voice dissent," the suit charges.
The resort sometimes makes accommodations for casino employees who are pregnant, but only at the discretion of individual floor supervisors, the suit says.
The suit seeks an order requiring Wynn "to take reasonable measures to protect its employees from second-hand smoke" and unspecified costs and attorney's fees.
The suit against Caesars Palace noted Caesars and sister properties Bally's and Paris were included in a study released in May by the National Institute for Occupational Safety and Health finding casino dealers had traces of a tobacco-specific carcinogen in their urine.
The NIOSH report concluded: "Non-poker casino dealers at Bally’s, Paris, and Caesars Palace casinos are exposed to ETS (environmental tobacco smoke) in the workplace air, and have absorbed an ETS-specific component into their bodies, as demonstrated by detectable levels of urinary NNAL (a known lung carcinogen). The increase in NNAL in the urine of most non-poker casino dealers at the end of their work shift demonstrates that non-poker casino dealers are exposed to a known carcinogen in the tobacco smoke at the casinos. Non-poker casino dealers reported a higher prevalence of respiratory symptoms than to unexposed workers, but the results were not statistically significant. The best means of eliminating workplace exposure to ETS is to ban all smoking in the casinos."
Discussion: 42 comments so far…
1.
By vc
10/21/09 at 9:34 a.m.
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I believe that when you take a job as a dealer you know what the risks are as far as second hand smoke is concerned. If you dont like it you shouldn't be working as a dealer.
2.
By bigb
10/21/09 at 9:41 a.m.
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FIND A NEW JOB!!! You know the risks before you work there. I am anti-tobacco and feel that smokers are the rudest people on the planet, however, if the establishment allows smoking then so be it. I work in the industry and I am surrounded by smoke all day and night. I was well aware that I would be working in those conditions before I began working. If you cant deal with it, learn a new trade or find a new job.
3.
By denro
10/21/09 at 9:44 a.m.
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I believe that smoking should be banned from casino floors.
Workers or patrons in any business should not be subjected to effects of second hand smoke, under any circumstances, period.
I also hope that people that are still tied to nicotine whether by addiction, choice, or both get it worked out and are able stop doing it.
4.
By VegasGM85
10/21/09 at 9:44 a.m.
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Exactly vc & bigb - What next, a suit about bartenders forced to be around intoxicated people... Everyones just trying to get rich quick...
5.
By pickone
10/21/09 at 9:45 a.m.
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vc...isn't it time that we non-smokers have some rights also? You want to smoke? Respect my space and do it in designated areas where I don't have to work or go! Good luck trying to win a lawsuit against the Mighty Wynn.
6.
By bremskraft
10/21/09 at 9:50 a.m.
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It's about frikin' time!
7.
By thekube
10/21/09 at 9:59 a.m.
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Isn't it in the job description before you are hired where they say something to the tune of: must be able to deal with loud noises, smoking, bad air, and things of that nature? Every job nowadays has that clause and they make you sign a piece of paper stating that you are aware of these facts. This plaintiff may not be trying to get rich quick, because 1) she's not Erin Brokovich, who had a sound case and 2) those people had no choice and weren't aware their water was tainted.
8.
By RebelRon
10/21/09 at 10 a.m.
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If the smoke bothers her so much why don't she quit. I'm sure there's a thousand people willing to take her place.
Take a look what happened to the Illinois casinos when they went smoke free. Business went in the toilet. Casinos in Indiana, Wisconsin, and Missouri took the smokers business.
9.
By idabessie
10/21/09 at 10:06 a.m.
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Oh for the love of God when does this debate end? What are the odds any and ALL employees KNEW that there are smoking patrons ( & employees)thru out the casinos of Las Vegas? Nobody forced these people to take jobs where smoking is allowed. Last I checked smoking IS legal regardless of what you crybabies crying foul think. What is this crap about "respect my space" about? I didn't realize nonsmokers had priveleges to 100% non toxic air(good luck finding that air)... when did that one pass? Do me a favor & take your healthy self attitude and make a real idiot of yourself and continue to jog down the streets where the car fumes must be acceptable to you.
10.
By go_rebels
10/21/09 at 10:51 a.m.
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If this idiot wants to make a living in the gaming business, then she has to deal with the vices. Smoking is not illegal in casinos, therefore her lawsuit constitutes a frivolous attempt to extort money from Wynn. What a POS. Every employee hired reads and signs an agreement acknowledging they the conditions of employment, yet some people think the world revolves around there ass. Go get another job, you joke of a human being. What is really funny is they sue about tips and now they want to reduce their tips themselves by eliminating smoking(which will elimate gamblers). I don't smoke and I worked in gaming 28 years. She should be fired for filing a bs lawsuit against a company who provides her with a living.
A message to alll non smokers from a non smoker. You do not have the right to tell other people what to do. You can however find a job where smoking is not allowed. I hope she loses her job, gets black-balled, and ran out of town It is what she deserves. Maybe someone should tell her unemployment is 13.9% and there are plenty of people who would love to work for Steve Wynn.
11.
By LasVegas2009
10/21/09 at 10:52 a.m.
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Good luck with the suit. Smokers have a habit of killing people with the second hand smoke who do not want to smoke. Allowing a known hazard in a work environment puts the employer at risk of suit. If the player was cooking Meth at the table im sure the casino would have made them stop. Well smoking is a known killer and affects people as far as 20 feet away with cancer causing chemicals. Like I said before GOOD LUCK with the suit the casinos should make smokers go out side to smoke and come back in once they have the high.
12.
By environprotector
10/21/09 at 10:58 a.m.
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I gave up smoking years ago, but I'm not one of these Nazi non smokers who feel that their space is violated every time someone lights up five blocks away. Employees in the casino business know that they are working in a smoking environment and if they don't want the danger of second hand smoke, then they should work somewhere else. PERIOD!!
13.
By jtrudeau
10/21/09 at 11:05 a.m.
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LasVegas2009 - Problem with your example is cooking meth is illegal from the beginning, but smoking is a 100% legal activity. Can I sue the players with really offensive body odor or stinky farts?
14.
By Crm
10/21/09 at 11:19 a.m.
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Just THINK a little before you pass judgement on innocent people trying to make a living in a smoke filled Casino. After more than 20 years of being a nonsmoker and alcohol free I suffer like EVERYONE in a smoke filled environment with Heart, and Respiratory illness caused by SECOND HAND SMOKE. In the beginning of my dealing career I had No problem with the smoke. After 20 years of breathing other peoples smoke I am having a LOT of health issues. Insurance companies, the surgeon general, the world health organization, the EPA, Doctors and many others KNOW that second hand smoke is a SERIOUUS PROBLEM. We (the Casino Industry) cater to people who are being allowed to Kill innocent workers with their filthy smoking habit and pass it off as entertainment for the reckless. We don't allow people to eat the wonderful meals served in Las Vegas and then dispose of their WASTE at the Blackjack Tables. That's what the bathrooms are for. Even the bathrooms are off limits to smokers. Smokers, PLEASE stop forcing others to breathe your WASTE. You would'nt like it if someone filled your pockets with their human waste.. I PRAY that I live to see this Law suit win and we see reform SOON on this issue. GO LAWYERS !!!
15.
By livinginlv
10/21/09 at 11:26 a.m.
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ok I am a person whom grew up around second hand smoke and could not wait to turn 18 to get out of the house because of it. I think smokers are selfish. If you want to kill yourself fine but others around you should not have to risk getting a disease because of anothers stupid choice to smoke. I am all for no smoking in Casinos you don't have to smoke to waste money at tables or machines. I would vote to ban smoking except in a designated area of all casinos. I think casinos should be made to have smoking rooms with gaming in them and they should be sealed off from the rest of the casino so those that make the lame decision to smoke and someday kill themselves with it can do it without risking everyones health around them.
16.
By silver13
10/21/09 at 11:27 a.m.
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As long as cigarettes are a legal product there shouldn't be any laws against their consumption.
17.
By aprilrayne
10/21/09 at 11:29 a.m.
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I quit smoking - and just like environ stated above - I am not a crazy non smoker either - who demands "non-smokers rights"
everyone has the same rights, non-smoker or smoker
smoking is not illegal - and thanksfully Las Vegas offers smoking area's in which tourists and residents can smoke and gamble and drink (all at the same time) if they wish
las vegas has never been the type of city to discourage addictions, bad habits or excessive leisure activities - in fact, if you read up about it's history, las vegas was always sort of a refuge for people whether they wanted a quick divorce (or marriage) or whether they wanted to participate in "sinful things" which they could not do in any other city
these employees ALL know what they are getting into before get hired - they are the lucky ones who actually have a job
suing their employer for second-hand smoke issues is like my friend suing dominos for making him have to breath the car exhaust fumes while waiting at a red light during his delivery shift...
SIDE NOTE:
if they really are concerned with their health they should look to what they eat - being overweight is more harmful to a person than smoking since it causes a LARGE range of "sure thing" health problems - where as smoking only causes a few solitary health issues which aren't even a "sure thing"
----
Sure smoking is bad for you (so is poor diet, having unprotected sex, gambling, tanning in the sun too much, and drinking) but this is Vegas... deal with it
-besides- in my home town, Burbank, California - you can't even walk down the street or smoke outside in general (in the whole city) - and if you rent most land lords won't let you smoke inside either...
18.
By aprilrayne
10/21/09 at 11:37 a.m.
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Crm - did someone hold a gun to your head and tell you that you HAD to work in a casino?
NO.
Myself and plenty of my friends would LOVE to have a job in a casino at the moment - we just don't have enough experience and it's competitive.
- In result I just work as a receptionist at a vet hospital, exposed to aggressive animals (and sometimes aggressive people), harmful chemicals for cleaning, radiowaves from X-rays, among other animal carried diseases... They don't offer health insurance and I make a measly 9$/hr
Do you want to trade?
19.
By denro
10/21/09 at 11:44 a.m.
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Crm hit it on the head.
There was a time when people were not present to the effects of second hand smoke, let alone first hand smoke.
Now that we are aware absolutely aware of the impact, it is time to change things.
It seems to me people weighing in otherwise are most likely smokers. defending this nasty, often fatal habit.
20.
By Crm
10/21/09 at 11:50 a.m.
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There will always be the IGNORANT and the LAME excuses for why we should allow something this DEADLY to continue. Driving cars on the road is legal. Running over innocent people with your car IS NOT. We need tighter REGULATIONS and BIG PENALTIES for the SELFISH SMOKERS and the Industries that allow this behavior. Take your smoking habit OUTSIDE. It is the LAW in ALL INDOOR PUBLIC PLACES where Children are present except Casino floors. The cost of health care keeps going up thanks to the irresponsible SELFISH SMOKERS. Should we just step aside and allow theives to STEAL our cars and drive up the Insurance cost or allow Drunks the right to Drive while under the influence of Alcohol?? Alconol is LEGAL too! When YOU become affected by this terrible injustice and step back away from the smoke long enough for your mind to clear then you will SURELY see how bad this habit REALLY is!!
21.
By bigb
10/21/09 at 11:52 a.m.
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If I elect to work to put out oil fires, I am WELL AWARE that the air quality in my enviroment will be very poort. If I elect to work for the sewer department, I am WELL AWARE that there is a very real possibility of coming in contact with human waste that might be communicable. Again, I am very anti-tobacco, anti-smoker, however, smoking is very much so LEGAL. Smoke filled enviroment is like any other occupation that will have possible health risks involved. We all understand that prior to getting hired. Those morons who expect the casinos to have smokers step outside or ban smoking all together are living a pipe dream. The casinos already do what they can to improve air quality, including multi million dollar air filtration/ventilation systems and designated non smoking areas.
22.
By snyderm
10/21/09 at 11:58 a.m.
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I totally agree denro.
It didn't used to be so obvious that second hand smoke was so harmful.
The most recent news about how second-hand smoke can trigger heart attacks is what really concerns me.
http://online.wsj.com/article/SB12556194...
23.
By LasVegas2009
10/21/09 at 11:59 a.m.
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I think most people defending the casinos case are smokers themselves. Addicted to a substance that you know is killing you must be an awful thing. Still no reason to make the rest of the world suffer because of your stupidity. Smokers are paying $6-$8 a day to commit suicide and think they have the right to force everyone else to live with it. We all know the right thing to do is not smoke, even the cig. manufactures agree smoking kills. Only an idiot would spend money on such a nasty and deadly habit in this economic recession. I see people begging for change at the stop lights and smoking at the same time. They spend enough to buy a house over 10-20 years yet they still do it.
24.
By Aquos
10/21/09 at 11:59 a.m.
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Wouldn't the Nevada State Workers' Comp laws make suing the employer virtually impossible unless gross negligence can be proved on the part of the employer? How do you prove gross negligence when the activity in question is totally legal and unregulated by the EPA? If the workers at the casinos want to pursue this nonsense, let them file workers' comp claims and start with proving their complaints are totally work related.
25.
By atdleft
10/21/09 at 12:10 p.m.
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livinginlv-
That sounds like a fair deal. Let the smokers kill themselves and each other in their own area while the rest of us get a chance to breathe. I'm sick and tired of coughing endlessly while trying to find a part of the casino without so much second-hand smoke.
vc & bigb-
Maybe if our economy weren't so addicted to tourism, perhaps they could find new jobs... But that's not the case. And obvoously, not all the casinos are doing what they can to protect their employees. Why won't Harrah's and Wynn Resorts install filtration systems and designate non- smoking areas? I'm just a paying customer, and I get sick after being exposed to all those lit up cancer sticks.
26.
By Det__Munch
10/21/09 at 12:35 p.m.
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The cost of health care keeps going up thanks to the irresponsible SELFISH SMOKERS.
Beg to disagree with you on this. It is OBESITY that is causing healthcare costs to go up and ALL THE RELATED DISEASES/COMPLICATIONS that are almost 100% guaranteed when you are OBESE. Anything from high blood pressure to high cholesteral and it shows no age limits either. Children are being diagnosed with high bp. high cholesteral and Type II DIabetes - all normal adult problems - because they eat nothing but fast food and get no exercise. You think insurance premiums are high now - wait until these kids hit their early 20's. THAT IS WHO you will be paying those high premiums for. Smoking isn't the culprit. However - those who are obese and smoke are killing themselves - not you!
BTW - I am an exsmoker, but I don't begrudge others from doing it especially in a casino environment. But I never have even as a smoker and never will tolerate smoke in my face!!
(Gosh, I missed everyone!)
27.
By youhopeirot
10/21/09 at 12:37 p.m.
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Im gonna sue the people my who made my toothbrush because the bristles keep wearing out :\
28.
By jaesun
10/21/09 at 12:47 p.m.
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i'm going to sue Nike because they led me to believe I can jump like MJ, but couldn't after I bought the shoes.
Who do I sue for the air pollution caused by cars?
29.
By wizardofOz
10/21/09 at 1:40 p.m.
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This is just the tip of the smoking "Addiction Iceberg".
People smoke LIKE CHIMNEYS in Europe, Asia, and the Middle East, (and as do about 60% of the old people over 60 who live HERE) .
Casinos WANT losers, and LOSERS SMOKE.
Cigarette companies simply moved their cigarette addiction-machinery offshore when they got their butts whacked here in the US.
And if CANCER STICKS were introduced as a "new" product, today, the cigarette people would have to run to keep their death-product-butts out of JAIL.
30.
By oldvegas
10/21/09 at 1:42 p.m.
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Does the fire department protect firefighters from fire and smoke? Does the police department protect policemen from bullets and give them gloves to handle criminals? Do construction workers get hardhats? Dealing is a trade like any other and dealers are human beings like everyone else. They deserve safety. There is a happy medium and it will not be found by greedy corporations who do not care about their workers or by greedy lawyers. Some may not like this but the only answer is a third party, someone who can look out for the interests of the industry and its workers. A Union just like firefighters, policemen and other workers have. A dealers Union can solve this problem.
31.
By Txtea
10/21/09 at 2:08 p.m.
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idabessie, Love it so very true. If you recall people a few years back there was the Silver City Casino. Smoke Free the place was allways dead? So if there are so many non smokers gambling and working makes you think what happened too it.
32.
By cisea
10/21/09 at 2:30 p.m.
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Non-Smokers shouldn't gamble and probably don't. Gambling is a risky behavior and so is smoking. (So is walking across the street for that matter.) Leave people alone and let them enjoy the casino experience. If that includes me smoking while I watch my savings disappear that's my business. Oh, non-smokers and casino employees complaining here's a suggestion, why don't you and the employees get your money together and buy you own casino (non-smoking) and see how long the doors stay open?
33.
By oldvegas
10/21/09 at 2:51 p.m.
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Everyone has lost focus here. The conversation is about people dying, not being uncomfortable but DYING!
34.
By wizardofOz
10/21/09 at 2:55 p.m.
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-And-
This is the SAME crappy pro-smoker arguments we had about smoking on AIRPLANES until the FAA stepped in and BANNED SMOKING OUTRIGHT on all flights.
End of story.
35.
By nevadaappleslices
10/21/09 at 3:19 p.m.
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No one held a gun to your head to work there, it was your own choice! You could work somewhere else. So suffer the consequences of your own choice. Frivolous!!
36.
By skerlahdee
10/21/09 at 3:19 p.m.
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Smokers banned from Colorado casinos in July. It seems to be working out ok. Smokers take it outside, or use the designated smoking areas which are open-air but have heaters to make it more comfortable now that winter is setting in.
My guess is that the smokers get a patch from their doctors to reduce the need for smoke breaks.
Ban smoking in public places, please.
37.
By serious
10/21/09 at 3:34 p.m.
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The Silver City Casino on the Strip went to a totally non-smoking casino several years ago, and it closed within 12 months. It was located next to the Peppermill Restaurant, and our Casinos try to have non-smoking areas, tables, and slot rows.
38.
By CaptJack
10/21/09 at 3:50 p.m.
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Ban it indoors. There's no sense in letting a tiny minority of people affect the health of everyone around them.
I don't smoke and I don't want to be around smokers. And when I used to smoke (10 years) I was courteous about it. I didn't smoke in crowds and I rarely smoked indoors.
Ban it.
39.
By MJB-
10/21/09 at 4:11 p.m.
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Cool... Let's sue California for their second hand forest fire smoke. At least I can avoid the tobacco smoke by staying out of casinos.
40.
By RussC
10/21/09 at 4:27 p.m.
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This law suit is totally rediculous. Non smokers do have rights. They have the right not to enter an establishment where smoking is allowed. They have the right to refuse a job where in their working environment, smokers will be present. I know for a fact that there are companies who won't even hire people who do smoke. Go work for them and keep these frivilous law suits from clogging up the courts.
41.
By CynicalObserver
10/21/09 at 4:39 p.m.
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I wish these guys would sue the South Pointe.
I was there last Thursday night and again on Sunday night, and the smoke was so thick on the casino floor, in adjacent restaurants, and in the hallway to the hotel tower, I got a terrible pain in my throat which didn't end until about 10 minutes after leaving the South Pointe.
I feel very sorry for the employees.
Don't the people who run these casinos realize that lacking an adequate ventilation system, they will end up losing business to a casino down the road?
