Judge Dismisses Lawsuit, Upholds Smoking Rights Inside Atlantic City Casinos

A judge on Friday ruled that despite widespread opposition, smoking will be permitted to continue in Atlantic City casinos.

Superior Court Judge Patrick Bartels rebuffed a series of protests raised by casino employees, who claim that smoking creates an undesirable workplace and presents a serious health risk.

Representatives of Atlantic City casinos warned officials that banning smoking would eliminate thousands of jobs and millions in taxable gaming revenue. Most of the nine casinos are struggling to beat pre-pandemic revenue totals. 

A landmark decision

New Jersey banned indoor smoking in 2006 except for 25 percent of casino floors. 

Casino workers first petitioned state lawmakers to institute a ban on casino smoking four years ago. Once that failed, anti-smoking workers in May filed a lawsuit with the goal of banning smoking on 100 percent of the gaming floor at all nine casinos.

Friday’s decision represents a significant blow to the efforts of the workers, many of whom joined the organization C.E.A.S.E. (Casino Employees Against Smoking Effects) prior to the decision.

"We are gratified by the court's decision to dismiss 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 of the Casino Association of New Jersey. "[The industry and city] have taken significant steps over the years to create a healthier environment for employees and patrons, including limiting smoking to just a fraction of the floorspace."

Anti-smoking casino employees believe that the fight is not over. Many still hold concerns over the harmful effects produced by long-term exposure to second-hand smoke.

"While today's outcome is disappointing, our determination remains unshaken,” said Lamont White, a dealer at Borgata and leader of the anti-smoking movement. "It's time to make things right for the thousands of us workers still working and living without the same protection afforded to every other New Jerseyan."

The fight continues

New Jersey’s 25 percent smoking limit on casino floors is not as minimal as it sounds. The smoking and non-smoking areas of the casinos do not have to be separated, meaning that secondhand smoke wafts throughout more than just the designated space.

"While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself," Nancy Erika Smith, who represented the anti-smoking workers, said in a statement after the ruling. "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."

Smith argued at a May 13 hearing in Trenton that casino employees were entitled to a constitutional right to safety based on equal protection afforded by the law.

However, the judge said that workers’ "reliance on a constitutional right to safety is not well-settled law."

Atlantic City instituted a ban inside casinos in 2008 but repealed it shortly thereafter following a 20 percent revenue drop in two weeks.

Anti-smoking campaigns are also raging in several other states, including nearby Rhode Island and Pennsylvania.