Atlantic City Casino Smoking to Remain, as New Jersey Judge Dismisses Lawsuit

Posted on: August 31, 2024, 10:31h. 

Last updated on: August 31, 2024, 10:31h.

Devin O'Connor @CasinoorgDevinO Read More
Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.

Atlantic City casino smoking will remain after a judge in New Jersey dismissed a lawsuit challenging the state’s permittance of tobacco use on the gaming floors.

Atlantic City casino smoking New Jersey
A gambler plays a slot machine while smoking a cigarette at Ocean Casino Resort in Atlantic City on Nov. 29, 2023. A New Jersey judge has ruled that casino smoking does not violate protections afforded to workers under the New Jersey Constitution. (Image: AP)

New Jersey’s 2006 Smoke-Free Air Act banned indoor tobacco use in most indoor places other than private residences. The law provided some exemptions, with licensed casinos in Atlantic City being allowed to designate up to 25% of their gaming areas for tobacco use.

The United Auto Workers, which represents table game dealers, workers who are most exposed to secondhand smoke, and CEASE — Casino Employees Against Smoking’s Effects — challenged the 2006 law on the grounds that casino workers’ rights to personal health safety protections under the New Jersey Constitution were being violated. New Jersey Superior Court Judge Patrick Bartels disagreed in dismissing the claim.

“Because of the publicly known risks of secondhand smoke, that smoking has never been banned in casinos except for a short period during COVID-19, that the Smoke-Free Air Act’s exceptions only affect a few industries, and that the Smoke-Free Air Act does not hinder or affect a person’s ability to seek work in a smoke-free environment, it cannot be said that the New Jersey Legislature’s actions in providing exceptions to the Smoke-Free Air Act restricts the casino workers’ right to pursue safety under the New Jersey Constitution,” Bartels wrote in his opinion published Friday.

Each of the nine casinos in Atlantic City takes advantage of its smoking allowance. Critics say smoke knows no boundaries and dangerous, toxic secondhand smoke permeates the casino areas.

Odds Favor Appeal 

Attorney Nancy Erika Smith argued on behalf of CEASE and the UAW. She said an appeal to the New Jersey Supreme Court is forthcoming.

While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself,” Smith said. “As long as the governor, the legislature, and the courts allow the extremely rich casino industry to poison its workers, we will continue our fight.”

CEASE cofounder Lamont White said the “fight is far from over.” White hopes the court ruling will bring more enthusiasm to Trenton for state lawmakers to support bipartisan legislation to amend the Smoke-Free Air Act to rescind the casino smoking exemption.

Legislation last year in each legislative chamber had more than enough cosponsor support to force the casinos to go smoke-free. But Democratic leadership reportedly stalled the measures because of the November 2023 election where all 120 seats were on the ballot.

However, after retaining their majority in both chambers, the smoking bills still didn’t progress. Some of the 2023 support was subsequently lost after the casino industry, as well as a union that represents casino workers in nongaming roles, said a smoking ban would cost thousands of jobs and possibly result in a casino closing. 

Casinos Celebrate

For now, Bartels’ ruling is a win for the nine Atlantic City casinos. The retaining of smoking comes as Atlantic City’s casinos last week revealed that their operating profits slid nearly 2% in the second quarter despite increased revenue.

We are gratified by the court’s decision to dismiss the plaintiff’s complaint and deny its attempt to change the Smoke-Free Air Act outside of the legislative process,” said Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey. “We look forward to continuing to work with stakeholders towards a solution that addresses the health concerns of our employees, while also protecting the collective interest and well-being of the entire Atlantic City workforce.”

Commercial casinos/racinos operate in 28 states. Seventeen allow indoor smoking.