New Jersey gaming workers received a significant legal setback on Friday when a state judge dismissed a lawsuit seeking to prohibit smoking in casino floors. The ruling came from Superior Court Judge Patrick Bartels in favor of Atlantic City’s nine struggling casinos. In May, tobacco-wary casino employees filed a lawsuit demanding a permanent ban on smoking over concerns about the health hazards associated with second-hand smoke.
Casinos have always had an exemption that allowed 25% of the casino floor to be designated for smoking since the state banned indoor smoking nearly two decades ago. The workers first petitioned state lawmakers four years ago, requesting a smoking ban. However, when a bill aimed at achieving this goal stalled, they decided to take legal action instead.
Opponents of the proposed ban argue that it will result in casino closures and lead to thousands of job losses. They also believe that if smoking is discontinued in Atlantic City casinos, it could drive gamblers towards casinos located in neighboring Pennsylvania. Additionally, casino owners argue that a state-wide ban would cost New Jersey millions in lost tax revenue.
The financial struggles of Atlantic City’s nine casinos have only been exacerbated by the COVID pandemic, with online and app-based gambling making their recovery even more difficult. The casino industry has consistently opposed a smoking ban, instead working to develop better ventilation systems and enclosed smoking rooms staffed by volunteer employees.
