ATLANTIC CITY, NJ – The debate over smoking inside Atlantic City casinos is headed to the Supreme Court. In New Jersey, it is illegal to smoke in most public and private commercial spaces. However, in an effort to boost revenues, the state of New Jersey has allowed casinos to permit indoor smoking.
In an ongoing legal battle that’s been making waves in Atlantic City, a Superior Court judge has dismissed a lawsuit aimed at banning smoking in the city’s casinos. The case, brought forward by the United Auto Workers (UAW) Region 9 and CEASE NJ, sought to eliminate an exception in New Jersey’s Smoke-Free Air Act that allows smoking in casinos. However, Chancery Division Judge Patrick Bartels ruled that the exception does not violate the New Jersey Constitution’s protections.
Judge Bartels stated that the Smoke-Free Air Act’s exceptions do not infringe upon a person’s right to safety, noting that smoking has been allowed in casinos for years, with the exception of a brief ban during the COVID-19 pandemic.
He emphasized that the Act’s exemptions are limited to a few industries and do not prevent individuals from seeking employment in smoke-free environments.
This could eventually hurt the New Jersey casino industry as smokers could simply take their money elsewhere, to states that allow smoking in casinos.
Essentially, the ruling suggests that while the law does allow smoking in casinos, it doesn’t impinge on the constitutional rights of workers who might be exposed to secondhand smoke.
Senate Health Committee Chairman Joseph Vitale also voiced his disapproval, labeling the ruling as a failure to protect workers. Vitale, who has been a longstanding advocate for public health, argued that it’s disgraceful for New Jersey to continue allowing smoking in casinos nearly two decades after indoor smoking was banned in most other businesses.
The ruling has sparked outrage from those advocating for a smoke-free environment in Atlantic City’s casinos. UAW attorney Nancy Eria Smith expressed deep disappointment, arguing that the decision endangers the health of casino employees in favor of protecting the casino industry’s interests. Smith pointed to the CDC’s findings that even short-term exposure to cigarette smoke can be harmful, and criticized New Jersey for maintaining what she sees as a double standard that leaves casino workers vulnerable.
As the dust settles from the judge’s ruling, the UAW and CEASE NJ aren’t backing down.
They’ve announced plans to appeal the decision to the New Jersey Supreme Court, seeking expedited consideration of their case. The outcome of this legal fight could have major implications not only for the health and safety of casino workers but also for the broader debate over workers’ rights and public health in the state.
