The state's permission to allow tobacco use on the gambling floors was contested in court, but the judge in New Jersey dismissed the lawsuit, thus smoking will continue in Atlantic City casinos.

The Smoke-Free Air Act of 2006 prohibited the use of tobacco indoors in the majority of indoor spaces, excluding private homes. A portion of the legislation was exempted, allowing Atlantic City's licensed casinos to set aside up to 25% of their gaming spaces for tobacco use.

The 2006 law was challenged by the United Auto Workers, which represents table game dealers, workers most exposed to secondhand smoke, and CEASE, or Casino Employees Against Smoking's Effects. The lawsuit claimed that the law violated the rights of casino workers to personal health and safety protections guaranteed by the New Jersey Constitution. Judge Patrick Bartels of the New Jersey Superior Court disagreed and dismissed the claim.

“Because of the publicly known risks of secondhand smoke, that smoking has never been banned in casinos except for a short period during COVID-19, that the Smoke-Free Air Act’s exceptions only affect a few industries, and that the Smoke-Free Air Act does not hinder or affect a person’s ability to seek work in a smoke-free environment, it cannot be said that the New Jersey Legislature’s actions in providing exceptions to the Smoke-Free Air Act restricts the casino workers’ right to pursue safety under the New Jersey Constitution,” Bartels wrote in his opinion published Friday.

In Atlantic City, all nine casinos make good on their smoking permits. Opponents claim that hazardous, poisonous secondhand smoke penetrates the gaming grounds and that smoke knows no bounds.

Appeal Odds 

CEASE and the UAW were represented by attorney Nancy Erika Smith in the argument. She stated that there would soon be an appeal to the Supreme Court of New Jersey.

"While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself,” Smith said. “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.”

Lamont White, a cofounder of CEASE, stated that the "fight is far from over." In order to amend the Smoke-Free Air Act and remove the casino smoking exemption, White expects that the court ruling will increase support in Trenton among state politicians who are open to supporting bipartisan legislation.

There was more than enough support for a bill that was sponsored in each legislative chamber last year to compel the casinos to stop serving smoke. However, it is said that the Democratic leadership put a stop to the measures because all 120 members were up for election in November 2023.

Even with a majority in both chambers, the smoking bills were unable to advance. Following statements from the casino industry and a union that represents employees who don't work in gaming that a smoking ban would result in thousands of jobs being lost and potentially even the closure of a casino, some support for 2023 was lost. 

Casinos Honor

For now, the nine casinos in Atlantic City have prevailed thanks to Bartels' decision. The decision to allow smoking comes as the casinos in Atlantic City announced last week that, despite higher revenue, their operational earnings fell by about 2% in the second quarter.

"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,” said Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey. “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.”

There are racinos and casinos in 28 states. Seventeen permit smoking indoors.