Opponents of smoking inside Atlantic City casinos have taken their fight to the New Jersey Supreme Court. Bob Hafner, 56, of Long Beach Island, was seen smoking a cigar at Tropicana Hotel & Casino in Atlantic City in January 2024. Last month, Mercer County Judge Patrick Bartels dismissed a lawsuit challenging New Jersey’s 2006 Smoke-Free Air Act, which allows for indoor smoking at casinos and parimutuel wagering facilities. The plaintiffs, the United Auto Workers (UAW) representing table game dealers at Bally’s, Caesars, and Tropicana, along with the grassroots coalition Casino Employees Against Smoking Effects (CEASE), have appealed the decision to the state’s highest court.
Nancy Erika Smith, the attorney representing the UAW and CEASE, stated, “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 due to the personal health and worker safety issues raised by the lawsuit.
Judge Bartels, in his ruling, concluded that New Jersey’s smoking law does not prevent casino workers from seeking employment in a smoke-free environment. “The act places no parameters on a casino worker’s ability to seek work in a smoke-free environment,” Bartels wrote. He also noted that the plaintiffs’ claims for a state constitutional right to a smoke-free workplace are “not well-settled law,” and doubted such a challenge would succeed in higher courts.
Attorneys for Atlantic City’s nine casinos, who oppose a smoking ban on economic grounds, argued that legislative action, not judicial intervention, is the correct avenue for changing the law. 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. If the Legislature changes its collective mind and decides to strike a different balance, then the law will change. If not, the law must stand, and plaintiffs’ complaint must be dismissed.”
Porrino also highlighted the potential economic impacts of removing the smoking exemption, noting the risk of job losses and reduced benefits for employees. “The simple facts are that 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,” he said.
The appeal to the New Jersey Supreme Court faces significant hurdles. The court in Trenton receives over 1,000 petitions each year but only accepts about 100 cases. To be taken up, the petition must demonstrate that the appellate judges made a legal error in their decision. The state’s latest Health Assessment in 2022 found that about 10% of New Jersey’s adult population smokes, a drop from 17% in 2012.
