Judge Dismisses Lawsuit to Ban Smoking in Atlantic City Casinos

A judge in New Jersey has concluded that people are still allowed to smoke in casinos that allow it. (Image: Wayne Parry / Associated Press)

Judge Patrick J. Bartels dismissed a lawsuit by casino workers who are attempting to end the exemption in New Jersey law that allows smoking in Atlantic City casinos.

Workers have argued that the exemption in New Jersey’s 2006 Smoke-Free Air Act forces them to work in an unsafe and unhealthy environment.

Judge: Workers Can Still Seek Work at Smoke-Free Businesses 

Judge Bartels disagreed, saying in Friday’s ruling that the cutout for casinos didn’t violate the rights of workers.

“Because 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 Governor Murphy or 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. 

Lawyers representing the United Auto Workers Region 9 and CEASE NJ (Casino Employees Against Smoking’s Effects), the two groups behind the lawsuit, say that they plan to appeal to the New Jersey Supreme Court.

“The workers exposed to toxic secondhand smoke every day are extremely disappointed in the judge’s decision siding with Governor Murphy, who chooses to endanger the health of casino employees in deference to the casino industry,” plaintiffs’ attorney Nancy Erika Smith told reporters. 

Casino Workers Vow to Keep Fighting

CEASE New Jersey Cofounder Nicole Vitola told Casinos.com she was disappointed that it took the judge three months to dismiss the case, but said they will carry on. 

CEASE-NJ and the UAW, the union that represents casino workers in New Jersey, filed their lawsuit in April, a few months after a promising bill to effectively ban smoking in casinos stalled out in congressional committee. 

“We are no strangers to setbacks in this lifesaving fight,” Vitola said. “With each [setback] our resolve only increases.” 

New Jersey Governor Phil Murphy was included among the defendants in the case. Gov. Murphy said in 2021 that he would sign a bill banning smoking at Atlantic City’s casinos if one reached his desk. However, despite some movement in the legislature, no such bill has ever been passed.

Borgata dealer Nicole Vitola says her casino job is killing her, and is waging a two-front war – in the courthouse and the statehouse – to make it stop. (Image: Wayne Parry / Associated Press)

In contrast, casino industry executives applauded the judge’s decision, which will continue to allow smoking on up to 25 percent of casino floors in Atlantic City.

“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,” Mark Giannantonio, president of both Resorts Casino and the Casino Association of New Jersey, said in a statement issued Saturday. 

“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 work force.”

Vitola says her group and the UAW, in addition to appealing the judge’s decision, aren’t done fighting on the legislative front. 

“We are continuing to garner support from the state legislators as we haven’t given up on the possibility of getting a bill passed,” Vitola said. 

Industry Debates Impact of Smoking Bans

What would benefit that work force – and the casino industry at large – has been a major sticking point in the debate over smoking in Atlantic City. 

Casino owners and some workers, including the Unite Here Local 54 union, have argued that a smoking ban would devastate the casino business, pointing to Atlantic City’s attempt to implement such a rule in 2008. That ban was repealed after casino revenues dropped nearly 20 percent in the two weeks after smoking was prohibited. 

However, proponents of the ban have pointed to newer studies that have shown no negative impact – and, in some cases, even a positive one – from banning smoking on casino floors. Lawyers for the workers bringing the case also pointed out that smoking was banned in casinos for 16 months during the COVID pandemic, and it appeared to have little impact on revenues at that time. 

While Atlantic City’s casinos are seeing growth in overall revenues thanks to online gambling, their core business – in-person gaming – is still failing to live up to pre-COVID winnings. That’s important to the casinos, as online gambling revenues are often shared with vendors and platform partners. 

In addition, there are concerns that Atlantic City could suffer if and when casinos are opened in New York City.

But none of that should matter if employee health is taken for granted, according to Vitola and a growing number of dealers, pit bosses, cocktail waitresses, cashiers and entertainers who work in casinos.   

“Our fight is far from over,” Vitola said. “CEASE, along with the UAW, won’t back down until justice is served.”

Dan Michalski contributed to this report.