Atlantic City Casinos Keep Smoking Ban Exemption, Judge Rules

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In Atlantic City, New Jersey, a judge has ruled that smoking will remain permissible in the city’s casinos. This decision was issued on Friday by Superior Court Judge Patrick Bartels, who upheld smoking privileges to the relief of casino operators but to the dismay of casino employees who have been advocating for a smoke-free workplace. The ongoing legal battle highlighted the economic pressures faced by Atlantic City’s casino industry, which has seen a downturn in revenue from in-person gambling since the onset of the COVID-19 pandemic.

Employees led by lawyer Nancy Erika Smith, who are staunch advocates for abolishing smoking on casino floors, expressed their disappointment with the decision and announced plans to accelerate their case to the state Supreme Court. Their efforts to legislate a smoking ban had previously been stalled in legal and legislative channels, prompting them to resort to a lawsuit.

Casino representatives, including Mark Giannantonio, president of the Casino Association of New Jersey, hailed the ruling as a necessary measure to protect jobs and tax revenue generated from gambling operations. Giannantonio highlighted efforts made to compromise by limiting smoking areas to a certain percentage of the casino floorspace, thus aiming to balance health concerns with economic interests.

Lamont White, a casino dealer and prominent figure in the anti-smoking campaign, vowed to persist in the fight for a smoke-free environment in casinos, emphasizing the broader public support for such measures across New Jersey.

The controversy over smoking in casinos reflects a wider issue faced by casino workers in several states, with ongoing similar disputes in Rhode Island, Pennsylvania, Kansas, and Virginia. Under the current law, smoking continues on 25% of the casino floor in Atlantic City. Opponents argue this layout allows smoke to permeate other areas, exposing all workers and patrons to secondhand smoke to some degree.

The United Auto Workers union, representing several casino dealers, had originally filed the lawsuit in April, seeking to overturn New Jersey’s indoor smoking exemption for casinos. During proceedings, they argued for equal health protections provided in other workplaces.

While the state defense cautioned that a smoking ban might decrease gambling tax revenue, essential for funding state programs for seniors and disabled residents, anti-smoking advocates pointed to evidence suggesting that casinos could financially benefit from being smoke-free.

The debate over casino smoking regulations continues, with both sides awaiting further legislative action on competing bills aimed at addressing the issue. Neither bill has progressed in recent months, leaving the state’s casino workers in limbo over their workplace conditions.


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