By JIM BARON

LINCOLN — The already trouble-plagued Twin River gambling hall now has something else to worry about.

Sen. Paul Fogarty wants to end the exemption the General Assembly gave to Twin River and Newport Grand when it banned smoking in virtually all public places in Rhode Island more than three years ago. Smoking was allowed to continue in limited areas at the two facilities because lawmakers feared a drop in revenue if gamblers couldn’t smoke there when they are allowed to do so at the Foxwoods and Mohegan Sun casinos in nearby Connecticut.
 The state takes 60 cents of every dollar that is lost at Twin River and Newport Grand and that represents a significant percentage of the state’s revenues
The legislature banned smoking in all other public places, including restaurants and bars so that employees would not be exposed to second hand smoke, which is considered to be a health hazard.
Fogarty, whose district includes parts of Glocester, Burrillville and North Smithfield, says the rationale for the exemption – to protect the state from losing any of the money it receives from the two gaming facilities – was misguided.
He points to Rhode Island's restaurants – another industry that some feared would lose money when the ban took effect – and notes that revenues went up by 8.2 percent in the nine months that followed the ban.
“The apocalypse didn't hit restaurants when we banned smoking there,” Fogarty noted. “In fact, business improved for them. Nonsmokers probably ate out more, and smokers quickly adjusted to lighting up outdoors. The same can happen for gaming. People will still want to gamble, and perhaps when the facilities are smoke-free, more people will be interested in them, just as they were with restaurants.”
“Besides improving the health of employees at the two establishments,” he added, “the change might actually result in more revenue for the establishments and for the state.”
Twin River is experiencing financial difficulties and has been teetering on the brink of bankruptcy for nearly a year. It first defaulted on a loan payment last March and has since failed to meet successor agreements with lenders who financed the purchase of the greyhound racetrack and slot machine parlor and subsequent renovations. Some contractors who did the renovation work have also slapped liens on the property.
Asked about Fogarty’s bill, Twin River spokesperson Patty Doyle said, “Twin River has a policy of not commenting on pending legislation.” She said it would deal with a change in the smoking exemption “when and if” it becomes law.
She declined to say how the venue might be affected if patrons were no longer allowed to puff between plays. 
“If the smoking ban is supposed to protect employees' health, what is the sense in leaving some employees out?” Fogarty asked in a press release announcing his legislation, which would simply amend the smoking ban law to erase the exceptions for Twin River and Newport Grand. “Does their health somehow countless? Or does it just count less than the money the state makes from gaming?”
“The employees at Twin River and Newport Grand are not some other class of citizens,” he added, “their health is just as important as all other workers'.”
Fogarty’s bill is awaiting a hearing in the Senate Health and Human Services Committee. Co sponsors include Woonsocket Sen. Marc Cote and Coventry Sen. Leo Blais.