In Atlantic City, New Jersey, a judge recently ruled to allow smoking to continue in the city’s casinos, much to the relief of the struggling casino industry but to the disappointment of workers who have been advocating for a smoke-free environment for years. The decision by Superior Court Judge Patrick Bartels was seen as a major victory for the casinos, many of which have been experiencing a decrease in revenue due to the COVID19 pandemic. However, for workers who have been trying to ban smoking in their workplaces, this ruling was a setback after years of efforts to change the law.
Representatives from the casino industry, including Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey, expressed their satisfaction with the court’s decision, emphasizing the steps taken to create a healthier environment for employees and patrons. The main casino workers union, Local 54 of Unite Here, also welcomed the ruling and expressed a commitment to continue working towards a solution that addresses the health concerns of employees while protecting the well-being of the entire workforce. Despite the decision, anti-smoking workers remain determined to push for smoke-free casinos and are calling on legislators to pass bipartisan legislation to support their cause.
One of the leaders of the anti-smoking movement, Lamont White, vowed to continue the fight despite the disappointing outcome of the court ruling. White urged legislators to uphold their responsibility and pass legislation that would ban smoking in casinos, citing the support of New Jersey residents for such measures. Nancy Erika Smith, the lawyer representing the workers, decried the ruling and announced plans to appeal the decision, criticizing the allowance of smoking in casinos as a form of worker exploitation by the wealthy casino industry. The issue of whether to ban smoking in Atlantic City casinos remains one of the most controversial topics in the industry and other states where workers have raised concerns about secondhand smoke.
The lawsuit filed by the United Auto Workers in April sought to overturn New Jersey’s indoor smoking law, which allows smoking in casinos but bans it in virtually every other workplace. The judge presiding over the case raised questions about equal protection under the law and constitutional rights to safety but ultimately dismissed the workers’ claims, suggesting they were unlikely to succeed with such arguments. The state attorney general’s office raised concerns about the potential loss of tax revenue that funds programs for senior citizens and disabled residents if a smoking ban were implemented, highlighting the financial implications of such a decision for the state.
While smoking is currently permitted on 25% of the casino floor in Atlantic City, opponents of smoking argue that the presence of secondhand smoke in varying degrees throughout the casino floor remains a significant health risk for workers and patrons. Past efforts to implement a smoking ban in casinos have faced challenges, with a brief ban in 2008 being repealed due to a significant drop in revenue. However, studies have shown that casinos without smoking have performed better financially, contradicting the belief that a smoking ban would lead to revenue loss. Despite ongoing debates and legal battles, the future of smoking in Atlantic City’s casinos remains uncertain as workers continue to advocate for a smoke-free environment.