Lev L. Mandel, MSc, Center for Tobacco Control Research and Education, UCSF, 530 Parnassus Ave. Suite 366, San Francisco, CA 94143, 415-514-9341, lev@itsa.ucsf.edu and Stanton A. Glantz, PhD, University of California, San Francisco, Center for Tobacco Control Research & Education, 530 Parnassus Ave., Suite 366, San Francisco, CA 94143-1390.

Objective: To describe how the tobacco industry has used the expansion of legalized gambling beyond traditional locales (i.e., Nevada) to create new channels to influence public policy while staying out of the public eye.Methods: Information was gathered through a review of internal tobacco industry documents, newspaper articles and reports, and interviews with key players including health advocates and elected officials. Results: In Montana, bars, taverns and restaurants are permitted and regulated by the state to operate up to 20 video gambling machines. On June 4, 2002, Helena implemented a citywide smokefree ordinance that included all workplaces, restaurants, taverns, bars and casinos. With the ordinance suspended by a court order related to enforcement, third party tobacco allies representing bar, tavern and casino operators successfully lobbied for passage of a state law that preempted local legislation such as that in Helena. H.B. 758, a revenue bill which never passed through a Health Committee, imposed an annual pro-rated surcharge fee based on the number of gambling machines on the premises and exempted establishments with such licenses from local ordinances on smoking. The tobacco industry did not publicly lobby for the bill. Despite opposition from public health groups, the bill passed the legislature and was signed into law. Conclusion: With the proliferation of legal gambling, the tobacco industry has found new avenues to pursue its interests at state legislatures from behind the scenes. Since gaming licenses are easily issued, the state of Montana has essentially preempted local smokefree ordinances, a main goal of the tobacco industry.

Learning Objectives:

• Describe how the tobacco industry has used the expansion of legalized gambling beyond traditional places (i.e., Nevada) to build alliances to win preemption of local tobacco control ordinances.
• Review the steps taken by the tobacco industry to work through gamiing interests to preempt the passage of local smokefree ordinances.
• Alert public health advocates that, as legalized gaming spreads, it will provide more undisclosed channels for the tobacco industry to impact the policy making process in ways that did not exist before.

Keywords: Tobacco Policy, Tobacco Industry

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.