Atlantic City Workers Go to High Court to Ban Smoking in New Jersey Casinos

Atlantic City Workers Take Their Appeal to Ban Smoking in Casinos to High Court

By Amelia Walker Senior Content Writer Updated: 13 September 2024

Amelia Walker Senior Content Writer

Amelia Walker is a Senior Content Writer at Betting.US. She has a law degree and deep knowledge of the gambling laws in the United States. Her mission is to keep players informed about responsible gambling, while her passion for sports helps her create useful guides. Amelia has over a decade of experience in betting, which has positioned her as a trusted voice among our readers.

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The Request to Ban Smoking

Earlier this year, smoking was allowed in Atlantic City’s casinos in order to help the city’s struggling casino industry. This ruling was made by Superior Court Judge Patrick Bartels and was considered a great relief by the owners of the nine casinos in the area.

Unfortunately, this was a setback for the workers in those casinos, who were trying to ban smoking in the establishments for years to ensure a healthier workspace. At first, the workers requested a change in law, and later, after no change was made, they filed a lawsuit.

The casinos in Atlantic City warned both workers and regulators on multiple occasions that the smoking ban risks thousands of jobs and millions in gambling revenue and taxes. On the 30th of August this year, Judge Bartels advised that this request by the workers would be unlikely to prevail on the claim that it is their constitutional right.

On the other hand, the attorney who filed the worker’s appeal, Nancy Erika Smith, stated,

It is past time to allow casinos the exclusive right to poison their workers for claimed profits.

On top of that, the New Jersey indoor smoking law prohibits this in all workplaces except for casinos.

The Future of Smoking in Casinos in Atlantic City

Both sides have concrete reasons for their viewpoint on the smoking ban. On one hand, the casinos, who are struggling after the COVID-19 pandemic, want some relief and to allow smoking inside their establishments. This will increase overall revenue and then tax for the state.

On the other hand, workers want a healthier work environment without carcinogens polluting the air they breathe. At the moment of writing this article, smoking is allowed only in specialized areas in casinos, which can be no larger than 25% of the casino floor. Unfortunately, these areas are not properly regulated, resulting in a lack of ventilation and second-hand smoke filling the casino floor.

Whether to ban smoking entirely or allow it is a battle that’s been brewing for years in the state. Back in 2008, a brief smoke ban was issued in Atlantic City, which quickly re-appealed after casinos experienced a drop of nearly 20% in revenue in a fortnight, which is a serious change.