A significant ruling by a New Jersey state judge has allowed smoking to continue in Atlantic City’s casinos, providing relief to the city’s struggling gaming industry while delivering a blow to casino workers who have long fought for a smoke-free workplace. Superior Court Judge Patrick Bartels dismissed a lawsuit filed by the workers, who had been seeking a permanent ban on smoking due to the health risks posed by second-hand smoke.
This ruling is seen as a major victory for Atlantic City’s nine casinos, most of which are still grappling with financial difficulties stemming from the COVID-19 pandemic. In contrast, it marks a significant setback for the casino workers, who have spent the last four years campaigning for a smoking ban, first through legislative efforts and, more recently, through legal action.
Attorney Nancy Erika Smith, who represents the workers of Atlantic City casinos, indicated that she would appeal the decision, potentially bringing the case before the state Supreme Court on an expedited basis.
Continued Health and Economic Debate
The casino industry has consistently opposed a ban on smoking, arguing that it could lead to massive job losses and a significant reduction in gambling revenue and tax income for the state.
Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey, expressed satisfaction with the court’s decision.
“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”.
He further emphasized that the industry, along with the city and the main casino workers’ union, Local 54 of Unite Here, has worked diligently over the years to create a healthier environment for both employees and patrons.
Giannantonio also added that they forward to continuing to cooperate with stakeholders towards a solution that addresses the health concerns of their employees, while also protecting the collective interest and well-being of the entire Atlantic City workforce.
Worker Advocacy Continues
Despite the court’s ruling, anti-smoking advocates among the casino workers have vowed to continue their fight. Lamont White, a Borgata Casino dealer and leader of the anti-smoking movement, expressed disappointment but reinforced their determination.
White also urged legislators to take action, arguing that the ruling underscores the need for lawmakers to pass bipartisan legislation to protect workers.
As he stated:
“It’s time to make things right for the thousands of us workers still working and living without the same protection afforded to every other New Jerseyan.”
The workers’ attorney, also criticized the decision, promising to appeal the ruling and calling for continued efforts to protect workers from second-hand smoke, stating as follows:
“While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself. As long as the Governor, the Legislature, and the Courts allow the extremely rich casino industry to poison its workers, we will continue our fight.”
Ongoing Controversy Over Smoking in Casinos
The issue of whether to ban smoking in Atlantic City’s casinos has been highly controversial, not only in New Jersey but also in other states where similar debates are taking place. Workers in Rhode Island, Pennsylvania, Kansas, and Virginia are also pushing for smoking bans in their respective casinos.
In Atlantic City, smoking is currently permitted on 25% of the casino floor. However, due to the layout of the casinos, second-hand smoke often permeates other areas of the gaming floors. The United Auto Workers, representing dealers at Bally’s, Caesars, and Tropicana casinos, filed the lawsuit in April in an attempt to overturn New Jersey’s indoor smoking law, which largely bans smoking in workplaces but makes an exception for casinos.
During a May hearing, Smith argued that the current law violates workers’ rights to equal protection and safety. However, Judge Bartels dismissed these claims, noting that the constitutional right to safety is not well-established and that the workers were unlikely to succeed on these grounds.
The state’s attorney general’s office also emphasized the potential economic impact of a smoking ban, suggesting it could lead to a reduction in tax revenue that funds programs for New Jersey’s senior citizens and disabled residents.
A brief smoking ban implemented in Atlantic City in 2008 was quickly repealed after a nearly 20% drop in revenue within two weeks, according to attorney Seth Ptasiewicz, who represents casino workers supporting the current smoking policy.
Smoking opponents dispute the claim that banning smoking would hurt business, pointing to studies indicating that casinos that eliminated smoking have seen financial gains. Nevertheless, the workers have been frustrated by the slow progress in getting lawmakers to change the law.
Even after a bill to end smoking passed a state Senate committee, a competing bill was introduced to maintain the current smoking policy but adjust where smoking is permitted, ensuring no employee is forced to work in a smoking area against their will. Both measures have since stalled, leaving the issue unresolved.
Source:
“Judge allows smoking to continue in Atlantic City casinos, dealing blow to workers”, Wayne Parry, apnews.com, August 30, 2024.