Opponents of smoking inside Atlantic City casinos have taken their fight to the New Jersey Supreme Court in hopes of overturning a law they say endangers employees’ health. In January 2024, 56-year-old Bob Hafner of Long Beach Island was seen enjoying a cigar at the Tropicana Hotel & Casino, highlighting the ongoing controversy.
The debate centers on the state’s 2006 Smoke-Free Air Act, which includes carveouts permitting indoor smoking in casinos and parimutuel wagering facilities. Last month, a lawsuit challenging the law was dismissed by Mercer County Judge Patrick Bartels. The suit argued that the carveouts violate casino employees’ rights to a safe workplace.
Leading the legal challenge are the United Auto Workers (UAW), representing table game dealers at Bally’s, Caesars, and Tropicana, along with Casino Employees Against Smoking Effects (CEASE), a grassroots coalition of casino workers. Attorney Nancy Erika Smith, who represents the UAW and CEASE, emphasized the urgency of the matter, stating, “It is past time to allow casinos the exclusive right to poison their workers for claimed profits.”
The appeal seeks emergent relief for an expedited review, arguing that employees’ personal health and safety are at stake. Judge Bartels, however, ruled against the UAW and CEASE, maintaining that the smoking law does not inhibit workers from seeking employment elsewhere. “The act places no parameters on a casino worker’s ability to seek work in a smoke-free environment,” Bartels wrote in his ruling. He further noted that the plaintiffs’ constitutional right to a workplace free of secondhand smoke “is not well-settled law.”
Attorneys for Atlantic City’s nine casinos argue that legislative action, not judicial intervention, should be the mechanism for changing smoking laws. Chris Porrino, representing the casinos, stated, “Our elected officials struck what they believed was the most appropriate balance and have had the opportunity every year for 18 years since the act was passed to strike a different balance.”
Porrino added that the legislature’s justifications for the smoking exemptions were based on practical considerations. “Many people who gamble like to smoke. If the smoking exemption is stricken, jobs will be lost and employees will be out of work, medical, and other benefits,” Porrino said.
The odds are slim for the appeal to be accepted by the New Jersey Supreme Court, which receives over 1,000 petitions annually and only accepts about 100 cases. To succeed, the petition must prove that the appellate judges made a legal error in their decision.
According to New Jersey’s latest Health Assessment in 2022, around 10% of the adult population smokes cigarettes, a decline from 17% in 2012. The case continues to spark debate over the balance between public health and economic interests in Atlantic City’s casino industry.
