Nitro City Council voted unanimously Tuesday evening to pass an ordinance allowing smoking inside certain parts of the facility.

While it's still unclear if the city's ordinance can overrule a county wide regulation prohibiting smoking, Dan Adkins with the track says they're willing to be the first to try.

"You know, I kind of look at this as this might be very important because if the legislature does choose to address this issue we've got other facilities like ours that are going to have to be taken into consideration so why not set a precident why not do it, do the experimentation right here at tri state and find out what works," he said.

The Kanawha-Charelston Health Board does plan on fighting this new ordinance.

Both parties agree it will likely end up in court.