In a significant ruling, Superior Court Judge Patrick Bartels has allowed smoking to continue in Atlantic City’s nine casinos, a decision that brings relief to the city’s struggling gambling industry but delivers a harsh blow to casino workers who have long fought for a smoke-free environment.
Victory for Casinos, Setback for Workers
The ruling, issued on Friday, represents a major victory for Atlantic City’s casinos, many of which have reported declining revenue from in-person gambling since the COVID-19 pandemic. The casinos had warned that banning smoking could result in the loss of thousands of jobs, millions in revenue, and decreased tax income for the state.
Mark Giannantonio, president of Resorts Casino and the Casino Association of New Jersey, expressed satisfaction with the decision. “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,” he said. He noted that the industry, along with city officials and the casino workers’ union, Local 54 of Unite Here, had made efforts to create a healthier environment by limiting smoking to a fraction of the casino floor.
However, the ruling was met with disappointment and resolve by workers advocating for a smoke-free workplace. Lamont White, a dealer at the Borgata and leader of the anti-smoking movement, vowed to continue the fight. “This fight is far from over,” White said, emphasizing the need for legislative action to protect workers from secondhand smoke.
Legal Battle and Future Appeals
The lawsuit, filed in April by the United Auto Workers representing dealers at Bally’s, Caesars, and Tropicana casinos, sought to overturn New Jersey’s indoor smoking law, which bans smoking in most workplaces except casinos. Nancy Erika Smith, the attorney representing the workers, decried the ruling and announced plans to appeal to the state Supreme Court on an expedited basis. “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.
The judge’s decision followed a May hearing in which Smith raised concerns about equal protection under the law and workers’ constitutional rights to safety. Judge Bartels, however, dismissed these arguments, stating that the workers’ reliance on a constitutional right to safety was “not well-settled law.”
Economic Concerns vs. Worker Safety
The state attorney general’s office and casino representatives have emphasized that a smoking ban could lead to reduced tax revenue, potentially impacting programs for senior citizens and disabled residents in New Jersey. They also pointed to a brief smoking ban in 2008, which was quickly repealed after casinos reported a nearly 20% drop in revenue within two weeks.
Anti-smoking advocates dispute these claims, citing studies that show casinos could perform better financially without smoking. Despite the setback, workers and their supporters remain committed to their cause, determined to secure a safer working environment free from the dangers of secondhand smoke.
