ATLANTIC CITY, N.J. (CBS/AP) — A New Jersey judge ruled Friday that smoking will continue to be allowed in Atlantic City casinos, marking a victory for the city’s struggling casino industry but a disappointing setback for casino workers who have long advocated for a smoke-free workplace.
The decision by Superior Court Judge Patrick Bartels represents a major victory for the city’s nine casinos, most of which are making less money from in-person gamblers than they did before the COVID-19 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 workers pledged to continue pushing for smoke-free casinos.
“The 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 allowed on 25% of the Atlantic City casino floor. But these areas are not contiguous, and the practical consequence is that secondhand smoke is present to varying degrees on the casino floor.
THE trial A lawsuit filed in April by 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 smoking 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. The judge, however, 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.
Anti-smoking opponents dispute that casinos would lose business, citing a study showing that casinos that stopped smoking fared better financially without the practice.
Anti-smoking activists filed the lawsuit after years of stalled efforts to get lawmakers to change the law.
Shortly after a bill to end smoking passed a Senate committee, other lawmakers introduced a competing bill that would continue to allow smoking in 25 percent of casino floors but would change the areas where smoking is permitted. Under the bill, no employee would be forced to work in a smoking area against their will.
None of these measures have been implemented for months.
