New Jersey Judge Allows Smoking to Continue in Atlantic City Casinos

New Jersey Superior Court Judge Patrick Bartels dismissed a lawsuit on Friday that sought to ban smoking on casino floors at Atlantic City’s nine casino establishments.

New Jersey Superior Court Judge Patrick Bartels ruled against the United Auto Workers to uphold the state’s indoor smoking law

The lawsuit filed in April by the United Auto Workers, which represents dealers at the Bally’s, Caesars, and Tropicana casinos, sought to overturn New Jersey’s indoor smoking law.

State law bans smoking in almost every workplace except casinos. The casino workers filed the lawsuit, seeking a permanent ban over the health concerns posed by secondhand smoke.

“We are gratified by the court’s decision to dismiss 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 of the Casino Association of New Jersey.

According to The Washington Post, he also said the industry, the city, and the casino workers union, Local 54 of Unite Here, “have taken significant steps over the years to create a healthier environment for employees and patrons, including limiting smoking to just a fraction of the floorspace.”

“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,” Giannantonio added.

Although New Jersey lawmakers abolished smoking indoors nearly 20 years ago, they still permitted it on 25% of the casino floor. Anti-smoking workers argue that secondhand smoke is still present in varying degrees.

Smoking supporters claim a ban would drive gamblers to Pennsylvania casinos, cost the state millions in tax revenue

New Jersey casino workers first called on state lawmakers to ban smoking four years ago. However, when a bill to that effect stalled, they filed their lawsuit.

Smoking supporters argue that putting an end to the practice in Atlantic City casinos would drive gamblers to casinos in neighboring Pennsylvania. Casino owners also contend the state would lose millions in tax revenue under such a ban.

Anti-smoking workers will continue to push for smoke-free casinos.

“This fight is far from over,” said Lamont White, a Borgata dealer and a leader of the anti-smoking movement. “While today’s outcome is disappointing, our determination remains unshaken.”

“[The ruling gives legislators] even more reason to uphold their responsibility to finally do the right thing and pass the bipartisan legislation that New Jerseyans overwhelmingly support.”

All nine of Atlantic City’s casinos are earning less money from in-person gamblers than they did before the COVID-19 pandemic hit. Online wagering is likely the main contributing factor for the decline in such revenue.

U.S. casinos that ended smoking did better financially without it, according to C3 Gaming Group’s report.