Judge allows smoking to continue at Atlantic City casinos, blow to employees

ATLANTIC CITY, NEW JERSEY — A judge on Friday allowed smoking to continue in Atlantic City casinos, providing some relief to the city’s struggling casino industry while pushing back workers who have long sought clean air inside casinos.

The decision by Superior Court Judge Patrick Bartels represents a major victory for the city’s nine casinos, most of which are earn less money more in-person players than before the COVID19 pandemic.

But it was a major setback for workers who have been trying for four years to ban smoking in their workplaces, first by trying to convince lawmakers to change the law and then by filing a lawsuit. A lawyer for the workers said she would ask the state Supreme Court to expedite the case.

Casinos had warned that thousands of jobs and millions of dollars in gaming revenue and taxes could be lost if the smoking ban was imposed.

“We are pleased with the court’s decision to dismiss the plaintiff’s complaint and reject his attempt to amend the Smoke-Free Air Act outside of the legislative process,” said Mark Giannantonio, president of the Resorts Casino and Casino Association of New Jersey.

He said the industry, the city and the main casino workers’ union, Unite Here Local 54, “have taken significant steps over the years to create a healthier environment for employees and patrons, including limiting smoking to a fraction of the floor space.”

“We look forward to continuing to work with stakeholders to find a solution that addresses the health concerns of our employees, while protecting the collective interest and well-being of the entire Atlantic City workforce,” Giannantonio said.

Anti-smoking activists have pledged to continue pushing for smoke-free casinos.

“This fight is far from over,” said Lamont White, a Borgata dealer and a leader in the anti-smoking movement. “While today’s outcome is disappointing, our resolve remains unwavering.”

White said the ruling gives lawmakers “even more reason to take responsibility for finally doing the right thing and passing the bipartisan legislation that New Jerseyans overwhelmingly support,” he said. “It’s time to get it right for the thousands of workers who still work and live without the same protections afforded to every other New Jerseyan.”

Nancy Erika Smith, who argued the case on behalf of the workers, denounced the decision and vowed to appeal.

“While the rest of the country moves away from poisoning workers for profit, New Jersey shames itself,” she said in a written statement. “As long as the governor, legislature and courts allow the super-rich casino industry to poison its workers, we will continue our fight.”

The smoking ban is one of the most controversial issues, not only in Atlantic City casinos, but also in other states where employees have expressed concern about secondhand smoke. Similar campaigns are being carried out in Rhode Island, Pennsylvania, Kansas and Virginia.

Currently, smoking is permitted in 25% of Atlantic City casinos. But these areas are not contiguous, and the practical consequence is that secondhand smoke is present to varying degrees throughout the casino.

THE lawsuit filed in April The United Auto Workers, which represents dealers at Bally’s, Caesars and Tropicana casinos, sought to overturn New Jersey’s indoor smoking law, which bans it in virtually all workplaces except casinos.

At a hearing before the Trenton judge on May 13, Smith raised issues of equal protection under the law and what she called a constitutional right to safety. But the judge said that “the workers’ reliance on a constitutional right to safety is not a settled rule” and predicted they were unlikely to succeed in such a case.

The state attorney general’s office has highlighted the possibility that a smoking ban could reduce tax revenue that funds programs for New Jersey’s seniors and disabled residents.

Atlantic City briefly implemented a smoking ban in 2008 but quickly repealed it after casinos saw revenue drop nearly 20 percent in two weeks, according to Seth Ptasiewicz, an attorney for casino employees who want to keep the current smoking policy.

Tobacco opponents dispute that casinos would lose business, citing a study showing that casinos that quit smoking are doing better financially without smoking.

Anti-smoking activists filed the lawsuit after years of stalled efforts to get lawmakers to change the law.

Shortly after a bill that would end smoking advanced by a State Senate committeeother legislators introduced a competing bill The bill provides that 25% of the casino’s spaces will remain authorized for smoking, but that the areas where it is permitted will be reconfigured. No employee will be forced to work in a smoking area against their will.

None of these measures have been implemented for months.

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