Atlantic City Smoking Debate Heads to New Jersey Appeals Court

The fight to ban smoking inside of casinos in Atlantic City, New Jersey, reached an appeals court on Monday.

A three-judge panel in a Trenton court heard pleas from attorneys representing casino employees. The primary lawyer, Nancy Erika Smith, argued that the law allowing indoor smoking should be revoked because of the right to safety outlined in the state Constitution.

The New Jersey Attorney General’s Office disagreed with the assertion.

The fight against smoking continues

Atlantic City casino workers filed their lawsuit back in April 2024. They filed an appeal shortly thereafter, following a New Jersey Superior Court judge’s decision to rule in favor of the casinos.

Casinos are the only facilities that are exempt from the New Jersey Smoke-Free Air Act, which was enacted in 2006. Casino Employees Against Smoking Effects (CEASE) and United Auto Workers (UAW), both of whom were present during Monday’s hearing, have been leading voices amid the effort to close the “loophole” allowing smoking inside of casinos.

“Casino workers are expected to clock in to work every day despite inevitably facing a toxic environment that could cause countless health issues, including cancer, heart disease, and asthma,” said attorney Smith. “We’re asking the court to find the exemption in New Jersey’s Smoke-Free Air Act unconstitutional and void it immediately. We hope this case will serve as a precedent for casinos across the country to close their smoking loopholes and stop poisoning their workers.”

The current legislation allows smoking on up to 25 percent of the casino floor inside Atlantic City properties. 

There have been debates about if there should be a difference between contiguous and non-contiguous areas, the former resulting in second-hand smoke easily infiltrating areas not outlined in the 25 percent.

A chance for compromise?

There have been a series of bills presented to the New Jersey congress that would eliminate the smoking provision inside local casinos, though none have been signed into law.

While workers argue that allowing smoking indoors presents an immediate and long-term health risk, casinos and gaming groups believe that banning smoking would create a negative economic impact. That includes costing thousands of jobs and millions of dollars in both gaming revenue and tax funding.

That’s significant, since some casinos have reported periods of struggle amid the rise of online casino gaming. 

New Jersey is one of only seven states with a legal iGaming market.

Workers have mostly tossed the notion of economic struggle aside, suggesting that smoking is not an integral component of casinos’ business model.

As a compromise, a bill was recently proposed to allow smoking on 25 percent of casino gaming floors, but only in specific areas. It also would not allow casinos to force employees to work in unwanted areas against their will.