New Jersey’s Superior Court Rules in Favor of Allowing Smoking in Atlantic City Casinos

By Jerry Smith Staff Writer Updated: 09/18/2024

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New Jersey’s Superior Court

Following four years of attempts to ban smoking in Atlantic City casinos, the United Auto Workers face another setback. Superior Court Judge Patrick Bartels has ruled to maintain the exemption of land-based casinos from the Smoke-Free Air Act of 2006. While casino owners are celebrating, the union plans to appeal this decision in the Supreme Court.

This decision is related to the lawsuit launched in April when workers from several casinos decided to take direct action after failing to negotiate with lawmakers. Similar movements are happening in Kansas, Pennsylvania, Rhode Island, and Virginia, so it is crucial to understand the issue.

Background Information on the Lawsuit

In 2006, New Jersey passed the Smoke-Free Air Act, which banned smoking in most enclosed public spaces. However, there were some exceptions, such as tobacco establishments, up to 20% of the rooms in hotels and casinos. The exemption of casinos is due to the belief that smokers form a significant part of the revenue and that it would drop if the ban was applied.

However, following the COVID-19 pandemic, many casinos in other states retained their no-smoking policies and did not see a decrease in revenue. Additionally, many workers at Atlantic City casinos expressed concerns about their health from inhaling secondhand smoke. According to some studies, the residual particles can have an adverse effect even in places with designated non-smoking zones.

After three years of lobbying and protests, the workers filed a lawsuit, hoping to declare the exemption unconstitutional. As the workers aimed for a complete ban, they rejected any proposals that only restricted smoking to specific areas.

Future of the Movement

While the Superior Court ruled against the ban, the United Auto Workers will continue to fight. Currently, next step is to appeal it in the Supreme Court. Support for a widespread ban continues to increase, as evidenced by similar movements in other states.

This fight is far from over. While today’s outcome is disappointing, our determination remains unshaken.

– Lamont White, leader of the anti-smoking movement and dealer at Borgata.

While casino owners promise to work towards solutions, the workers appear to be adamant about a complete ban. Health is the primary concern as employees risk developing cancer from secondhand smoke. They also cite studies that found many casinos did not lose revenue from banning smoking and that it led to lower operational costs, as they no longer had to clean equipment as often.

Finally, the workers also argue that banning smoking in restaurants and bars at casinos did not cause a huge loss in revenue. Meanwhile, those in support of the current law state smokers would leave the casinos if a total ban is implemented, leading to job losses and a significant reduction in revenue.

Conclusion

The legal battles will continue while the Superior Court Judge has ruled against the ban. Aside from an appeal in court, a bill is being discussed in the New Jersey Senate that could ban smoking in casinos. However, there is also another bill that would allow smoking to continue, with restrictions such as workers being able to refuse to work in a smoking area.

As one side wants a complete ban, it seems like there will be no room for compromise. It remains to be seen how the issue will be resolved.