Share 
Last week, the New Jersey Public Health Commission voted to recommend a formal resolution to urge Health Commissioner Raymond E. Washington to seal the state’s smoking loophole in a bid to ban smoking at Atlantic City casinos.
The commissioners noted that while legislative and legal challenges continue, there is still urgent need to protect workers from exposure to second-hand smoke, describing the issue as a straight-forward public health concern. While smoking is prohibited at indoor workplaces in New Jersey, a loophole in the Smokefree Air Act of 2006 allows Atlantic City casinos to designate up to 25% of their gaming floors as smoking zones.
The draft resolution urges the Department of Health to exercise its authority to recognize the health risk casino employees face from smoking and thereby ban smoking at casinos, said Paul Roman, vice chairman of the NJ Public Health Commission.
“There’s been a lot of fights. It’s been in court. And the situation has not been resolved one way or the other. And I would like to see the commissioner, through a recommendation of the council, to weigh in on this and maybe get the Legislature to do something about it, or the governor, or both.”
Employee testimony highlights health concerns
Nicole Vitola, a long-time Atlantic City worker and the co-founder of Casino Employees Against Smoking Effects (CEASE), submitted testimony detailing her experience working, while pregnant, on properties that permit smoking.
Vitola works as a table games dealer in Atlantic City, which exposes her to second-hand smoke from patrons. She says that workers are stuck in a dilemma, forced to choose between keeping their jobs and protecting their health.
Vitola said in her testimony:
“Through the years, we have watched coworkers – people we have worked beside for decades – become seriously ill and, in some cases, die from diseases linked to prolonged smoke exposure. Pregnant employees and workers with pre-existing health conditions are forced to choose between protecting their health and keeping their paycheck and health insurance.”
CEASE says that it represents thousands of workers advocating for the banning of smoking at their workplaces. The organization formed in 2021 after the city eased the COVID-19-era restrictions on smoking.
CEASE is also calling upon Washington to withdraw his opposition to the organization’s lawsuit against the smoking loophole. Moreover, the group calls upon the Health Commissioner to support legislation aimed at permanently stopping indoor smoking at Atlantic City casinos.
Besides CEASE, other key advocacy groups fighting against the loophole include United Auto Workers and Americans for Nonsmokers’ Rights.
Recommendations for the Department of Health
The draft resolution makes three recommendations to the Department of Health. First, it recommends the department acknowledge that second-hand smoke at Atlantic City casinos negatively affects moderate-to-low-income workers who may find it difficult to leave their jobs.
Second, it recommends the department use state data to identify evidence of smoking-related illnesses among casino workers. Core health risks associated with second-hand smoke include respiratory damage, cancer, heart disease, stroke, and reproductive health issues.
Lastly, the resolution recommends the department promote smoke-free environments even as a New Jersey Supreme Court case and bipartisan legislation on the smoking ban remain unresolved.
Legislative progress stalled
Legislative action against the smoking loophole remains unresolved. While former Gov. Phil Murphy had repeatedly affirmed that he would sign a ban if presented with a bill, and while bipartisan legislation against smoking has been introduced, there have been significant delays in the state Legislature.
The current governor, Gov. Mikie Sherrill, has also urged lawmakers to decide the fate of indoor smoking at New Jersey casinos.
Opposing parties, including certain labor unions and the Casino Association of New Jersey, fear that a smoking ban could result in lost revenue, job losses, and tax cuts.
