New Jersey Superior Court Judge Patrick Bartels upheld the right for smoking to continue in Atlantic City casinos, delivering a blow to casino workers who have long campaigned for a smoke-free workplace.
The Friday ruling was met with a sigh of relief from the city’s nine casinos, which have been struggling with declining in-person gambling revenue since the COVID-19 pandemic. Casino operators warned that a smoking ban could jeopardize thousands of jobs and reduce the revenue and taxes that support critical state programs for senior citizens and disabled residents. For instance, attorney Seth Ptasiewicz argued that the city saw a 20% revenue decline in 2008 when it briefly implemented a smoking ban.
“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,” commented Mark Giannantonio, president of Resorts Casino and of the Casino Association of New Jersey, as reported by The Associated Press.
A setback for workers
At the same time, many casino workers feel that the decision is a setback in their fight to breathe clean air on the job. In April, the United Auto Workers (UAW), representing dealers at Bally’s, Caesars, and Tropicana casinos, filed a lawsuit seeking to overturn New Jersey’s indoor smoking law, which bans smoking in many workplaces but not casinos. The workers cited the health implications and called for the same smoke-free protections afforded to other workplaces.
Still, Giannantonio argued that the industry has taken “significant steps” towards creating a healthier work environment in recent years, such as limiting smoking to 25% of the casino floor.
“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,” commented Giannantonio.
'The fight is far from over'
Anti-smoking workers argue that secondhand smoke is still present throughout the remainder of the casino floor, and are continuing in their fight for smoke-free casinos. A lawyer for the workers has said she is urging the Supreme Court of New Jersey to consider the case on an expedited basis.
“This fight is far from over,” commented Lamont White, a dealer at the Borgata. “While today’s outcome is disappointing, our determination remains unshaken.”
“While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself,” added anti-smoking advocate Nancy Erika Smith. “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.”
Last December, UAW members displayed their frustration by protesting at a state government hearing in Trenton, making their point by blowing smoke in the direction of legislators.
"We're not allowed to smoke in your workplace, but you're allowed to smoke in ours,” said Daniel Vicente, a UAW regional director, during the protest.
