Judge Dismisses Lawsuit, Upholds Smoking Rights Inside Atlantic City Casinos

Photo by Wikimedia Commons, CC0 by 1.0
Key Takeaways
- New Jersey banned indoor smoking everywhere except casinos in 2006
- Smoking can only occur on 25 percent of the casino floor
- Atlantic City casinos have struggled to beat pre-pandemic revenue totals
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.
Grant is an industry news expert who covers legislative news, financial updates, and general industry trends. As a veteran of the gambling industry, Grant has experience in the world of casinos, sports betting, and iGaming. As a former long-distance runner, he knows a thing or two about persistence and consistently holding himself to a high standard.
Related News

Alabama Ready for Another Attempt at Gambling Legalization in 2027
The Senate, however, has strong relationships with federally-recognized tribes that naturally did not want to lose their sole authority over the state market.

NFL Suspends Cardinals Scout Ryan Gold Over Gambling Policy Violations
The suspension stems from gambling activity and sharing confidential draft information.

New Zealand Opens GETS Registration as Online Casino Licensing Process Advances
New Zealand has taken another step towards launching its regulated online casino market, with the Government Electronic Tenders Service (GETS) now open for operators preparing to enter the upcoming licensing process.

ANJ fines operator €500,000 over high-risk player protection failures
France's gambling regulator has fined an operator €500,000 after identifying failures to detect and support customers at risk of gambling harm.

DCMS plans wider ban on unlicensed gambling sponsorship across sectors
The government wants to outlaw sponsorship and physical advertising by unlicensed gambling operators across sport, entertainment and cultural venues.

Macau Tourism Hits Record Highs as Casino Revenue Dips
Macau surpassed 20 million visitor arrivals by June 20, 2026, beating last year's pace even as gaming revenue forecasts weaken.

Rank Group profit set to beat forecasts despite £5m provision
Rank Group expects FY operating profit of at least £76m, despite a £5m regulatory provision and higher UK gambling taxes.

Rivers Casino Portsmouth Delivers Again, Powers New Housing Project
Rivers Casino Portsmouth generated more than $40 million in local gaming taxes since it began operations over three years ago.

Delaware Releases Betting Kiosks at Casinos and Approved Lottery Retailers
Officials say that the new machines will allow users to place more complex sports bets without the assistance of casino clerks or staff.

Ireland launches parental campaign to tackle underage gambling
Ireland's gambling regulator has unveiled a nationwide campaign to help parents spot the warning signs of underage gambling and reduce future harm.

Evolution agrees £4.75m settlement with Gambling Commission
Evolution has agreed a £4.75m settlement with the Gambling Commission after an 18-month investigation into black market access to its games.

Ontario Gambling Helpline Strained as Calls Outpace Funding
ConnexOntario is fielding record calls as Ontario's iGaming boom drives more residents to seek gambling addiction support and mental health care.

Tribe and State Interests Align In The Fight Against Prediction Markets, Says UNLV Law Professor Danielle Finn
UNLV law professor Danielle Finn says tribal and state gaming interests, usually at odds, are now aligned against prediction markets — with over 20 lawsuits alleging violations of federal Indian gaming law and billions in lost tax revenue at stake.

EGBA members report strong 2025 growth as operator margins continue to rise
EGBA members generated €18bn in online gaming revenue during 2025, with active player accounts climbing to 43.8 million as operators continued to expand across Europe.

MGM National Harbor Sphere Plans Trigger FAA Review
MSG Entertainment's 302-foot Sphere proposal at MGM National Harbor faces FAA review due to its proximity to Reagan National Airport.

Alberta Opens Regulated Market for Online Betting, Casino
Alberta's regulated iGaming market launched Monday with nearly 50 registered operators, including FanDuel, DraftKings, and bet365.
.jpg)
Denmark strengthens illegal gambling enforcement with 334 sites blocked
Denmark intensified its fight against illegal gambling in 2025, blocking hundreds of unlicensed websites and strengthening digital enforcement.

Rank Group confirms Richard Harris as permanent chief executive officer
Rank Group has appointed Richard Harris as its permanent CEO after a six-month interim spell, with the former CFO set to lead the business through its next phase of growth.

bet365 Ordered to Strengthen AML Controls Following AUSTRAC Review
Global betting operator bet365 has agreed to strengthen its anti-money laundering controls after AUSTRAC identified deficiencies in its compliance framework. The move forms part of a broader regulatory push aimed at improving financial crime safeguards across Australia's gambling industry.

Tilman Fertitta's Caesars Acquisition Appears to Move Forward After Go-Shop Period
No competing offers appear to have emerged before Caesars' go-shop period came to an end.

Deutsche Bank Raises DraftKings Price Target to $28
The new price target reflects updated forecasts despite lower near-term earnings expectations.

Tabcorp Faces Ongoing AUSTRAC Scrutiny Over Cash Betting Practices
Australian wagering giant Tabcorp is facing renewed regulatory scrutiny as AUSTRAC investigates aspects of its cash betting operations. The review forms part of a wider crackdown on anti-money laundering compliance across Australia's gambling sector.

New Zealand Moves Closer to Online Casino Licensing as Expressions of Interest Open
New Zealand's online casino market has entered a new phase as the government begins preparations for the country's first licensing process. Operators interested in securing one of the 15 available licences are expected to submit Expressions of Interest before the regulated market launches later this year.

BetMGM Debuts New MLB Online Casino Games During All-Star Weekend in Philadelphia
Jeter, a Hall of Famer and BetMGM ambassador, will make his presence felt throughout the weekend up until the All-Star Game on Tuesday.

New Site Plans Reveal Details on Sphere National Harbor
New site plans reveal fresh details about the proposed Sphere National Harbor, a 302-foot venue set to rise near MGM National Harbor.

Gambling Commission confirms phased rollout of financial risk assessments
The Gambling Commission has unveiled its long-awaited plan to introduce financial risk assessments, beginning with the highest-spending gambling customers before expanding the scheme nationwide.

Midnite expands Championship strategy with Southampton training kit partnership
Midnite has extended its Championship football investment by becoming Southampton FC's official training kit partner, building on an existing relationship and expanding its visibility ahead of the 2026/27 season.

National Lottery to Launch Powerball with Billion-Dollar Jackpots
Powerball is coming to the UK via The National Lottery, offering access to record-breaking jackpots while continuing to fund UK Good Causes.

Ex-New Hampshire Senator, Casino Owner Pleads Guilty to Stealing $250,000
Although prosecutors and the judge seemed to support the one-year, one-day length, sentencing will not be determined until an upcoming hearing.

Tottenham Hotspur and Betano announce three-year strategic partnership
Tottenham Hotspur has unveiled a new three-year agreement with Betano, beginning as the club's training wear partner before expanding into a wider regional betting partnership.

iGaming News Awards 2026 celebrates innovation and excellence at iGB Live
The inaugural iGaming News Awards recognised leading companies and individuals across affiliate marketing, casino, sportsbook, payments and responsible gambling during iGB Live London.

South African Casinos Hit Deadline for Anti-Money Laundering Returns
South African casinos faced a June 30, 2026 deadline to submit Risk and Compliance Returns to the Financial Intelligence Centre, as regulators continue tightening anti-money laundering oversight across the gambling sector.

California Judge Rules Against State Limitation on Cardrooms
A successful installment of the protocols would’ve resulted in cardrooms losing their right to offer blackjack-style games and limited other options.

