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A New Jersey Superior Court judge has ruled that smoking can continue inside Atlantic City’s casinos, as state law currently permits.
Earlier this year, organizations representing casino workers brought in the lawsuit hoping to change New Jersey’s Clean Indoor Air Act that allows casinos to offer smoking on up to 25% of their gaming floor.
The lawsuit, filed by Casino Employees Against Smoking Effects (CEASE) and the United Auto Workers (UAW), represents thousands of Atlantic City casino employees challenging the exemption of casino workers in the Smoke-Free Air Act.
Key takeaways
- Judge Patrick Bartels’ ruling on Aug. 30 signifies a major victory for the city’s nine casinos.
- The state Superior Court decision is also a setback for workers who have been trying to ban smoking in their workplaces for nearly four years.
- Anti-smoking advocates and CEASE co-founders — Lamont White, Nicole Vitola, and Pete Naccarelli — promised to continue fighting.
Superior Court ruling keeps the status quo for Atlantic City casinos
The ruling represents good news for nine casinos in Atlantic City. Most of these casinos earned less money from in-person betting than before the COVID-19 pandemic.
The casinos have previously warned that thousands of jobs could be lost, as well as millions in gambling revenue and taxes if smoking was banned. Donna DeCaprio, president of Local 54, said in April that a total smoking ban would be disastrous for Atlantic City, highlighting that 50% to 72% of all gambling revenue earned from in-person wagering comes from smoking areas.
According to an article by the Associated Press, Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey, emphasized:
“We look forward to continuing to work with stakeholders towards a solution that addresses the health concerns of our employees while also protecting the collective interest and well-being of the entire Atlantic City workforce.
“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.”
Since casino workers and unions have diligently been working to create a healthier environment for employees and patrons over the years, Giannantonio says he hopes they can find a solution.
Anti-smoking advocates say ‘The fight is far from over’
Anti-smoking workers promised to continue pushing for smoke-free casinos. Behind this lawsuit are:
- United Auto Workers: represents workers at Bally’s, Caesars, and the Tropicana casinos in Atlantic City.
- Casino Employees Against Smoking Effects, an organization for casino workers
Lamont White, Nicole Vitola, and Pete Naccarelli, co-founders of CEASE, released the following statement: “This fight is far from over.
While today’s outcome is disappointing, our determination remains unshaken. For 18 long years, we’ve suffered from the harmful effects of secondhand smoke, falling victim to the loophole that state legislators created that jeopardizes our lives.
The court battle continues, and we will ask the New Jersey Supreme Court to hear this case on an expedited basis.”
The statement further reads:
“Legislative leaders, specifically Chairman Bill Moen — who is the main sponsor of the bill — can and should pick up the gauntlet that the court has unfortunately dropped to defend the health and lives of all New Jersey workers by advancing the legislation in both the Senate and Assembly to close this loophole once and for all.
“We’ve all been waiting long enough.”
New Jersey online casinos in July had the second-largest iGaming revenue total in any month. The state’s online casinos won more than $195.4 million from players.
Indoor smoking as one of the most debated topics
The debate over smoking happens not only in Atlantic City but in other states where casino workers have expressed worry about secondhand smoke.
Similar campaigns are happening in Rhode Island, Pennsylvania, Kansas and Virginia.
Atlantic City had a smoking ban in 2008 but revoked it after witnessing a drop in revenue after the first week.
Smoking is currently permitted on 25% of Atlantic City’s casino floors. As those areas are not adjacent, casino workers say that secondhand smoke varies throughout the gambling.
With an ongoing debate and both groups preparing for further legal and legislative conflicts, the future of indoor smoking in casinos remains unclear.
