New Jersey anti-smoking advocates have called for the end of a smoking loophole in the 2006 Smoke-Free Air Act. Despite the law, casinos are exempt, letting players light up indoors. In an op-ed for NJ.com, former state senator Loretta Weinberg said increased pressure from the tobacco industry led to the casino exemption in the ban.
“Eighteen years ago, I was a sponsor of the Smoke-Free Air Act,” Weinberg wrote in her article. “With other legislators, I fought the powerful tobacco industry and the third-party advocates the industry manipulated and mobilized to fight smoking restrictions. Unfortunately, we were unable to pass the Act unless we excluded casino workers from its protections. We simply did not have the votes, so we acquiesced, trying to protect as many people as possible while expecting to close this unjustified loophole in the near future. I never imagined that nearly two decades later, casino workers and patrons would still be subjected to poisonous secondhand smoke.”
A bill to end casino smoking has stalled in the state legislature for years, however, as well as a lawsuit workers brought up in April, which a judge refused. This would have prevented smoking in gambling halls, adding frustration to casino workers.
“It’s horrible when you have three, four, five people blowing smoke in your face,” said Sandy Smolen, a dealer at the Borgata casino for the past five years. “You can’t get away from it. You go home with a cough you didn’t have that morning.”
Fears of Jersey Revenue Declines are Unwarranted
Weinberg went on to dispute casino operator claims casinos would be heavily affected by a smoking ban, saying they would face closures and revenue drops if this happened.
“We’ve seen it in the 21 states with thriving smoke-free casinos, including every state in our region except Connecticut and Pennsylvania,” she wrote. “In Pennsylvania, the most successful casino is voluntarily smoke-free. And what does it tell you that five of the nine Atlantic City casinos are seeking licenses in smoke-free New York? It means that they know smoke-free is good business.”
November revenue for both casinos and sports betting was successful. New Jersey’s land-based casinos generated $223.9 million, a 4.2% year-on-year increase and a 7.3% month-on-month rise. MGM’s Borgata Hotel Casino & Spa topped the tables with an 11.4% improvement compared to last November. The casino generated $57.6 million in casino wins for November 2024.
In addition, New Jersey iGaming set a new record, reaching $214 million for the month. This was a 24.7% year-on-year increase and marginally beat October’s previous $213.6 million record. Jersey sportsbooks posted a 54% month-on-month November increase, generating $119 million in gross revenue, the states' third-best sports betting hold.
Is Smoking a Problem for Casinos Nationwide?
The national anti-smoking agency, Americans for Nonsmokers' Rights, released an open letter in September, urging lawmakers and regulators across the United States to confront indoor smoking as a responsible gaming issue.
“Allowing smoking on gaming floors not only poses significant health risks to workers and patrons alike, but it also encourages prolonged gambling sessions without breaks – a fundamental tenet of responsible play,” ANR wrote in the letter to states.
