"It was one of the most contentious issues in the state Legislature's debate about a statewide smoking ban. And it remains one of the biggest questions about the ban, which will take effect July 5, 2010.

The state's 16 Native American casinos are exempt from the ban and can continue to allow smoking. That doesn't sit well with some bar owners — and the legislators who represent them — because it gives the casinos a competitive advantage.

And it encompasses much of the state — from the large Potowatomi casino in Milwaukee and the Oneida casino in Green Bay to the smaller casinos in the north woods.

Rep. Dean Kaufert, R-Neenah, has talked about leveling the playing field and may introduce a bill that would ban smoking in casinos, too.

But tribal land is considered a sovereign nation, which could present a legal roadblock to a ban. Here's a look at some of the questions involved in this issue:

What's Kaufert's proposed bill about?

It would ban smoking in Native American casinos in the state. But he said that, at this point, he's just gauging interest among legislators and trying to get their opinions about other options.

Can the state ban smoking in casinos?

Probably not. Native American tribal lands are considered sovereign nations. The tribes say the state can't ban smoking in their casinos because of the status. They say the only way it can happen is if a tribe votes on it, or it's negotiated as part of the state's gaming compacts with tribes. Presumably, the tribes may want a better deal from the state in exchange for a smoking ban."

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Burning Questions: The casino exemption (The Appleton Post-Crescent 7/5)