Court Ruling Permits Smoking to Continue in Atlantic City Casinos

A Superior Court judge ruled on Friday that smoking can continue in Atlantic City’s casinos, delivering a significant win for the city’s casino industry while disappointing workers who have long campaigned for a smoke-free work environment.

Judge Patrick Bartels’ decision comes as a relief to the city’s nine casinos, many of which have struggled to regain pre-pandemic revenue levels from in-person gamblers. However, it represents a significant setback for casino employees who have been fighting for four years to ban smoking in their workplaces.

Initially, they sought legislative change, and when that stalled, they filed a lawsuit. The workers’ attorney has vowed to appeal the decision, aiming to take the case to the state Supreme Court on an expedited basis.

Loss of Jobs on the Discussion Table

The casino industry had argued that banning smoking would result in substantial job losses and a significant drop in gambling revenue and tax contributions.

Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey, expressed satisfaction with the ruling, stating, “We are gratified by the court’s decision to dismiss the plaintiff’s complaint and deny its attempt to change the Smoke-Free Air Act outside of the legislative process.” He emphasized that the industry, alongside the city and the main casino workers’ union, Local 54 of Unite Here, has made efforts to improve air quality by limiting smoking to a small portion of the casino floor.

Giannantonio added, “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.”

Despite the court ruling, anti-smoking advocates among the casino workers remain undeterred. Lamont White, a dealer at Borgata and a leader of the anti-smoking movement expressed disappointment but reaffirmed their commitment to the cause. “This fight is far from over,” White declared, urging legislators to bipartisan legislation to protect casino workers from secondhand smoke.

He insisted, “It’s time to make things right for the thousands of us workers still working and living without the same protection afforded to every other New Jerseyan.”

Nancy Erika Smith, the attorney representing the workers, criticized the ruling and pledged to appeal. She condemned the ongoing exemption for casinos from New Jersey’s broader smoking ban, arguing that it places profits above worker health. “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,” Smith stated.

Other States are also Debating the Same Topic

The debate over smoking in casinos is not unique to Atlantic City. Similar disputes are unfolding in states like Rhode Island, Pennsylvania, Kansas, and Virginia, where casino workers are campaigning against secondhand smoke exposure. Currently, smoking is permitted on 25% of the casino floor in Atlantic City. However, the non-contiguous nature of these smoking areas means that secondhand smoke permeates the entire casino floor to varying degrees.

The workers’ lawsuit, filed in April by the United Auto Workers, who represent dealers at Bally’s, Caesars, and Tropicana casinos, sought to overturn New Jersey’s indoor smoking law. This law bans smoking in almost all workplaces except for casinos. In a May hearing, Smith argued that the current policy violates workers’ rights to equal protection and safety. However, Judge Bartels was skeptical, noting that the constitutional basis for such claims is not well-established.

The state’s attorney general’s office also defended the current smoking policy, emphasizing that a ban could reduce the tax revenue that s programs for New Jersey’s senior citizens and disabled residents.

This is not the first time the city briefly implemented a smoking ban, only to repeal it after casinos reported a nearly 20% drop in revenue within two weeks. Proponents of the current smoking policy, like casino workers’ attorney Seth Ptasiewicz, cite this as evidence of the potential financial harm a ban could cause. However, smoking opponents argue that casinos can thrive without smoking, pointing to studies showing financial gains for smoke-free casinos.

The anti-smoking campaigners turned to the courts after legislative efforts stalled. Despite initial progress, a state Senate bill aimed at ending smoking in casinos has been overshadowed by a competing proposal that would maintain smoking on 25% of the casino floor but reconfigure the designated areas. Under the latter bill, no employee would be required to work in a smoking area against their will. However, neither measure has seen any movement in recent months, leaving the future of smoking in Atlantic City’s casinos uncertain.

Source:

”Judge allows smoking to continue in Atlantic City casinos, dealing blow to workers”, apnews.com, August 30, 2024.