Atlantic City Casino Smoking Ban Stalls Amid Legislative Inaction

Atlantic City’s nine casinos reached its one-year mark. Despite this initial progress, the legislation has seen no further movement, leading to frustration among casino employees.

Worker Advocacy and Health Concerns

“It’s been a year since the Senate health committee voted to protect us from secondhand smoke, and yet we’re still waiting for action from Senate leadership,” expressed Pete Naccarelli, a table games dealer at Borgata Hotel Casino & Spa and co-founder of the anti-smoking group CEASE.

He emphasized the urgency, stating, “Casino employees have waited long enough. How many more workers have to get sick despite never smoking a day in their lives before lawmakers in Trenton will make good on their promises? The votes are here, the is here, and it’s time for our legislators to S1493 now. We’ve waited long enough. It’s time to close this loophole and protect our health.”

Political Dynamics and Industry Opposition

Governor Phil Murphy has pledged to sign a smoking ban into law if it reaches his desk. However, he has not actively lobbied for its age. The Casino Association of New Jersey and Unite Here Local 54, the largest casino workers’ union in Atlantic City, oppose the ban, citing concerns over potential revenue losses and job cuts. They argue that prohibiting smoking could lead to a decline in patronage, as smokers might choose casinos in neighboring states where smoking is permitted.

A report by the Casino Association of New Jersey s this stance, predicting that a smoking ban could result in the loss of up to 2,500 casino jobs and nearly 11% of the industry’s revenue. The report also highlights that smokers, who make up 21% of Atlantic City’s gamblers, tend to spend more on gambling and non-gambling activities.

Legal Challenges and Recent Developments

In an effort to eliminate the smoking exemption, casino workers, alongside the United Auto Workers union representing employees at Bally’s, Caesars, and Tropicana, have pursued legal action. However, a New Jersey state judge dismissed their lawsuit, allowing smoking to continue in the city’s casinos. The judge ruled that the exemption in the 2006 New Jersey Smoke-Free Air Act is constitutional, noting that the state constitution provides a right to pursue safety, not a right to safety itself.

Following this setback, the workers appealed to the New Jersey Supreme Court for an injunction to suspend the smoking exemption during ongoing litigation. The high court declined to expedite the request, stating it “did not warrant adjudication on short notice,” thereby maintaining the status quo.

Despite concerns about potential economic impacts, New Jersey’s gambling industry reported record-breaking revenue in 2024. The casinos, along with their online partners, amassed nearly $5.7 billion, suring the previous record of $5.2 billion. Including revenue from sports betting at horse tracks, the total reached $6.3 billion. However, these earnings are shared with external entities such as technology partners and sportsbooks, meaning the casinos do not retain the full amount.

Ongoing Advocacy and Legislative Outlook

Anti-smoking advocates continue to press for legislative action, emphasizing the health risks associated with secondhand smoke. The American Lung Association recently urged the New Jersey Legislature to the casino smoking ban, stating, “It is time for legislative leaders in Trenton to finally break the gridlock and commit to putting the health of casino workers first.”

As of now, no hearings on the bill are scheduled through the end of March, according to the Legislature’s public calendar. The debate over balancing economic concerns with employee health protections persists, leaving the future of smoking in Atlantic City’s casinos uncertain.

Source:

”No action in a full year on proposed Atlantic City casino smoking ban”, cdcgaming.com, February 01, 2025.