New Jersey judge upholds smoking in Atlantic City casinos, defeating workers' bid for ban

A New Jersey judge ruled on Friday that smoking can continue in Atlantic City casinos, dismissing a lawsuit brought by workers seeking to ban the practice. The decision represents a major victory for the city's nine casinos, which argued that a smoking ban could lead to job losses and reduced gambling revenue and taxes.

However, the ruling by Superior Court Judge Patrick Bartels is a setback for casino workers who have been advocating for a smoke-free workplace for four years. The workers' attorney, Nancy Erika Smith, vowed to appeal the decision to the state Supreme Court, criticizing the court’s stance and emphasizing the health risks of secondhand smoke.

"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," Smith said.

Casino operators had warned that banning smoking would result in significant financial losses. Mark Giannantonio, President of Resorts Casino and the Casino Association of New Jersey, expressed relief at the ruling, which upheld the current state law exempting casinos from indoor smoking bans.

"We are gratified by the court's decision to dismiss the plaintiff's complaint and deny its attempt to change the Smoke-Free Air Act outside of the legislative process," Giannantonio said. He added that the casino industry has taken steps to create a healthier environment, limiting smoking to a fraction of the casino floor.

Currently, smoking is permitted on 25% of the casino floor in Atlantic City. However, workers argue that exposure to secondhand smoke remains widespread, and they continue to push for a complete ban. Lamont White, a dealer at Borgata and leader of the anti-smoking movement, expressed disappointment but reaffirmed the group's commitment to the cause.

"This fight is far from over," White said. "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 debate over casino smoking has lingered for years. In 2008, Atlantic City briefly implemented a smoking ban, but it was repealed after casino revenues dropped by nearly 20% in just two weeks. The issue remains contentious, with efforts to pass a bill banning smoking in casinos currently stalled in the state legislature.

While the casino industry has stressed the economic benefits of allowing smoking, anti-smoking advocates point to studies suggesting that casinos can perform better financially without it. Despite Friday’s ruling, the campaign for smoke-free casinos is expected to continue.