New Jersey Casino Workers Seek to End Indoor Smoking Exemption Through State Supreme Court
Background on the Smoking Ban Dispute
Casino employees in New Jersey are renewing their efforts to eliminate the indoor smoking exemption that currently applies to Atlantic City casinos. They have taken their fight to the New Jersey Supreme Court, requesting a ruling on whether the state constitution guarantees them a safe and smoke-free workplace. The controversy centers on the 2006 Smoke-Free Air Act, which banned indoor smoking statewide but carved out a unique exception for casinos and simulcasting facilities in Atlantic City.
The Escalation of Legal Challenges
Workers such as dealers and servers argue that unlike other indoor employees in New Jersey, they are forced to be exposed to secondhand smoke. Represented by the United Auto Workers union and supported by the advocacy group Casino Employees Against Smoking Effects (CEASE), they have pursued legal action aiming to remove the exemption.
Earlier this year, the New Jersey Appellate Court directed a trial judge to reconsider specific elements of the case but declined to answer whether the constitution protects the right to a safe workplace. Instead, it deferred this constitutional question to the state’s highest court. Workers now seek a definitive ruling from the Supreme Court.
We conclude the trial court erred in accepting at face value the premise that ending the casino smoking exemption would necessarily produce a drastic reduction of casino revenues.
New Jersey Appellate Court
Workers contend that earlier courts overlooked important constitutional considerations and gave too much weight to industry-sponsored economic studies that warn of profits dropping if indoor smoking is banned in casinos. Their attorney, Nancy Erika Smith, emphasizes that the state constitution explicitly safeguards the right to safety, which she believes courts have wrongly treated as mere symbolism rather than an enforceable right.
Ongoing Standoff Between Workers and Casinos
A decision by the Supreme Court could bring clarity after years of legal disputes. Casinos warn that a smoking ban could push customers to casinos in neighboring states, potentially reducing revenues and leading to job losses. In contrast, employees argue that the current exemption forces them to choose between their health and their jobs, insisting that economic concerns should not take priority over worker safety.
The appeal also challenges the legality of the smoking exemption as an unfair advantage granted to the gambling industry. Lower courts have rejected this argument, citing constitutional provisions that specifically grant Atlantic City the authority to operate casinos. Workers counter that these provisions do not exempt casinos from abiding by general health regulations.
During the COVID-19 pandemic, temporary restrictions on smoking indoors provided hope to casino staff for permanent smoke-free environments. Despite several legislative attempts to eliminate the exemption, the relief was temporary. If the Supreme Court accepts the case and rules in favor of the workers, the exemption could be struck down. Otherwise, the legal battle will continue in the lower appellate courts.
