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

NZ Moves Closer to Online Casino Licence Auction
New Zealand is preparing for the next stage of online casino regulation, with expressions of interest expected to open in July 2026.

Ontario Launches BetGuard to Protect Online Gamblers
iGaming Ontario has launched BetGuard, a single-step self-exclusion tool covering all 82 regulated gambling sites. Here's what players and operators need to know.

Oklahoma Gov. Surprisingly Vetoes Proposed Sweepstakes Casino Ban
Anyone found guilty of conducting or facilitating operations would have been punishable with Class 2 felony offense charges, including fines and up to 30 days in jail.

Isle of Man gambling legislation amendments clear final parliamentary hurdle
The Isle of Man has approved sweeping gambling law reforms introducing civil penalties and tougher operator checks.

Woman Found Unresponsive in PA Casino Parking Lot is Dead, Confirmed Natural Causes
An anonymous 78-year-old is said to have died of natural causes after she was found in a vehicle at Happy Valley Casino early Thursday morning.

NorthStar Gaming Faces OSC Cease Trade Order
The OSC has issued a cease trade order against NorthStar Gaming after audit failures stalled its mandatory financial filings.

Prize draws move from fringe gambling to mainstream growth engine
UK prize draws are attracting major operators as lower regulation and social-led growth reshape the market.

GamScore app aims to reduce friction around UK gambling compliance
GamScore plans to launch a UK gambling wellbeing app focused on behavioural insights, compliance tracking and reducing player friction.

Entain pushes football regulator over unlicensed gambling sponsors
Entain has called on the Independent Football Regulator to block English football clubs from partnering with unlicensed gambling operators.

Casino Guru CRC returns $5.3m to players in Q1 2026
Casino Guru’s Complaint Resolution Center handled almost 4,000 complaints in Q1, with delayed payments remaining the biggest issue.

Simon Bazalgette appointed chair of CourseTrack board expansion
CourseTrack has restructured its board with Simon Bazalgette appointed chair alongside two new non-executive directors.

South Africa Gambling Regulator Warns Over Fraud Impersonation Scam
South Africa’s National Gambling Board has issued a warning after reports of fraudsters impersonating officials and attempting to extract payments from gambling operators.

UKGC announces tougher measures on gaming machines and illegal gambling
The UK Gambling Commission plans stricter gaming machine enforcement and renewed action against illegal land-based gambling.

Why Bally’s is interested in Evoke despite mounting risks
Bally’s sees opportunity in Evoke’s scale and European reach, even as debt, tax rises and regulation scare off private equity buyers.

Hotel Attached to Portsmouth Casino Hits Construction Milestone
The ceremony included the placing of the final steel support structure for the towering hotel and a State of the City speech by Mayor Shannon Glover (I).

Dunkin', Buffalo Wild Wings Owner, Inspire Brands, Files for IPO
Inspire Brands confidentially filed for an initial public offering.

Auckland-fraud-case-raises-questions-over-gambling-harm
A former Auckland Rugby League employee has been sentenced after stealing more than $133,000 while struggling with a gambling addiction.

African Casinos and Sportsbooks Seek Smarter Payment Solutions
Payment infrastructure is becoming a major focus for African gaming operators as casinos and sportsbooks expand across multiple regulated markets.

OnlyFans Valued At $3.15 Billion Following Recent Minority Stake Sale
OnlyFans sells 16% stake for $535 million to Architect Capital

All the details of the UK’s gambling financial risk assessment reform
The UK’s proposed gambling financial risk assessments could reshape online betting and casino play. Here’s what the reforms mean.

Betfred Owner’s Jersey Move Highlights Offshore Pressures
Fred Done’s Jersey restructuring has intensified scrutiny on how rising UK gambling taxes may push operators toward offshore models.

Seminole Hard Rock Casino Secures Official World Cup Host City Supporter Title
As an Official Supporter, the Hard Rock casino will host a variety of engagements and events for soccer fans during the World Cup.

Eswatini Illegal Gambling Crackdown Creates Court Backlog
Authorities in Eswatini are dealing with growing legal pressure after a large-scale crackdown on illegal online gambling and fraud operations involving foreign nationals.

Ladbrokes and Neds Found in Breach of Australian Self-Exclusion Rules
Entain’s Ladbrokes and Neds brands will review compliance systems after hundreds of BetStop self-exclusion breaches were identified.

ITV Win to Shut Down After UK Tax Changes Bite
ITV Win will cease operations just months after launch as its operator struggles with rising costs linked to UK gambling tax changes.

UK iGaming Conference Season Set to Begin in London
London will host several major iGaming conferences this summer as the UK gambling industry continues its rapid growth.

US Government Reveals Airlines Spent 56.4% More on Jet Fuel in March
According to US government data, airlines spent 56.4% more on jet fuel costs in March than in February.

Alberta's iGaming Market Opens July 13 with 28 Operators Ready
Alberta's regulated iGaming market opens July 13, projected to generate CA$100M in annual tax revenue, with operators, suppliers, and ad rules already in place.

Novibet expands Greece casino portfolio with DEGEN Studios
Novibet has expanded its Greek casino offering by integrating DEGEN Studios’ full game catalogue onto its iGaming platform.

Wazdan earns triple nomination at AffPapa iGaming Awards 2026
Wazdan has been shortlisted in three categories at the AffPapa iGaming Awards 2026, alongside further recognition from EGR and SlotsCalendar.

AMC Movie Theaters To Begin Hosting Live Concerts After Arena One Partnership
AMC will begin hosting live concerts in theaters after partnering with Arena One.

Former Yankee and Hall of Fame Pitcher Believes MLB Should Have a Salary Cap
Former Yankees closer Mariano Rivera supports a salary cap in MLB.

Final Primm Casino By Nevada-California Border Closing in July
The decision to shut the property down was revealed after employees received letters asking them to vacate their housing by July 6, per KLAS.

